SOCIAL SECURITY DISABILITY

Social Security Administration and Disability Benefits Information

The process for Social Security Administration is complicated and time consuming. An attorney may be necessary to work with the Social Security Administration on your behalf and assist with applying for disability benefits.

At the Law Offices of Perry Liss, LLC, we provide competent legal representation to clients currently seeking benefits or those who have been denied.

Our office can assist you in the collection of your medical records and documentation and represent you in filing for benefits as well as any appeals to the Social Security Administration. We strive to provide you with personalized and cost-effective representation in order to receive the benefits to which you are entitled. We have helped numerous people obtain both Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI) benefits.

Difference between Social Security disability and SSI disability

Social Security is responsible for two major programs that provide benefits based on disability: Social Security Disability Insurance (SSDI), which is based on prior work under Social Security, and Supplemental Security Income (SSI). Under SSI, payments are made on the basis of financial need.

Social Security Disability Insurance (SSDI) is financed with Social Security taxes paid by workers, employers, and self-employed persons. To be eligible for a Social Security benefit, the worker must earn sufficient credits based on taxable work to be "insured" for Social Security purposes. Disability benefits are payable to blind or disabled workers, widow(er)s, or adults disabled since childhood, who are otherwise eligible. The amount of the monthly disability benefit is based on the Social Security earnings record of the insured worker.

Supplemental Security Income (SSI) is a program financed through general revenues. SSI disability benefits are payable to adults or children who are disabled or blind, have limited income and resources, meet the living arrangement requirements, and are otherwise eligible. The monthly payment varies up to the maximum federal benefit rate, which may be supplemented by the State or decreased by countable income and resources.

Understanding Supplemental Security Income

Generally, the maximum Federal SSI benefit changes yearly. However, SSI benefits will not automatically increase from year to year. Currently, the Federal benefit rate is $674 for an individual and $1,011 for a couple.

Some States supplement the Federal SSI benefit with additional payments. This makes the total SSI benefit levels higher in those States. SSI benefit amounts and State supplemental payment amounts vary based upon your income, living arrangements, and other factors. The Social Security Administration manages the State supplement for Pennsylvania, New Jersey and Delaware.

Length of time to receive decision on disability claim

The length of time it takes to receive a decision on your disability claim is from one to five months. It can vary depending on several factors, but primarily on:

Waiting period for Social Security disability

The five month waiting period ensures that during the early months of disability, the Social Security Administration does not pay benefits to persons who do not have long-term disabilities. Social Security disability benefits can be paid only after you have been disabled continuously throughout a period of five full calendar months. Therefore, Social Security disability benefits will be paid beginning with the sixth full month after the date your disability began. You are not entitled to benefits for any month in the waiting period.

Time limits on Social Security disability benefits

There is not time limit for getting Social Security disability benefits. Your disability benefits will continue as long as your medical condition has not improved and you cannot work.

If you are still receiving disability benefits when you reach full retirement age, your disability benefits will automatically convert to retirement benefits.

Effect of full retirement age on disability benefits

When you reach full retirement age, nothing will change, except for Social Security purposes, your benefits will be called retirement benefits instead of disability benefits. You do not need to take any action.

Starting with the month you reach full retirement age, you will get your benefits with no limit on your earnings.

What is Your Full Retirement Age?

Year of Birth	Full Retirement Age
1937 or earlier	65
1938	65 and 2 months
1939	65 and 4 months
1940	65 and 6 months
1941	65 and 8 months
1942	65 and 10 months
1943—1954	66
1955	66 and 2 months
1956	66 and 4 months
1957	66 and 6 months
1958	66 and 8 months
1959	66 and 10 months
1960 and later	67

Call us today at 215-563-5292 to schedule a free consultation with Mr. Liss.

Are you eligible for Social Security Disability?

You may be eligible for Social Security Disability payments and important health coverage if you can't work because of your health. You can receive Social Security Disability for any type of physical or mental health condition, as long as it is severe enough to prevent you from working. Arthritis, depression, anxiety, asthma, diabetes and seizures are just a few of many reasons people receive Social Security Disability.

Age is one of the most important factors considered; however, you may receive Social Security benefits at any age. Even children may be eligible if they are disabled. At age 50, you are more likely to be eligible for social Security, because Social Security realizes that it is more difficult to find work as you get older.

Social Security administers two different benefit programs: Social Security Disability Insurance and Supplemental Security Income (SSI). Both are the same in the sense that you must be unable to work due to your health. The primary difference is that to receive Social Security Disability Insurance you must have a significant work history and for SSI you must be financially needy.

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How do you apply?

You should apply as soon as you become disabled. Do not wait to apply. If you wait, you may lose money.

There are three ways you can apply: by phone at 800-772-1213, over the Internet at http://www.ssa.gov/applyfordisability or in person at your Social Security office. Although it is not necessary, it may be wise to consult with a Social Security Disability lawyer before applying. It may also be helpful to have the lawyer review your application before you send it to Social Security.

Sometimes minor details in your application can change the outcome of your case.

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What happens after you apply?

After you apply, Social Security will work with your lawyer to obtain information from your doctors and other sources. Do not exaggerate your conditions and be honest with your doctors. Medical records are the most important evidence in your case. That is why you must obtain medical treatment for all your health conditions. See your primary doctor on a regular basis; visit a psychiatrist for mental illness (e.g. depression, anxiety, schizophrenia); and get a referral for a specialist whenever appropriate.

Frequently, Social Security will ask you to see "their" doctors. You must attend all doctor appointments scheduled. It is also important that you tell those doctors about all of your medical problems. Social Security may also ask you to complete questionnaires regarding your health, your pain and your daily activities. Ask a lawyer to review these forms before returning them to Social Security.

If you complete all questionnaires and attend all appointments in a timely manner, you could receive a determination in as little as three months, or as long as one year. Unfortunately, Social Security denies most applications at the first level. Hope for the best, but be prepared for the worst at the initial level.

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Appeal if you are denied.

Don't give up. If you are denied, you should appeal. This is also the time to retain a lawyer if you did not hire one when you first applied. The appeal process varies from state to state. In Pennsylvania, you can request a hearing before a judge. In New Jersey, you must first request reconsideration of the initial decision before you can request a hearing.

Waiting for a hearing is frequently worth the wait even though it may take longer than a year. Approximately two-thirds of cases are won at the hearing level. Your chances of winning are even greater with a lawyer who understands the process.

Hearings are nothing like the court shows you watch on television. Hearings are informal and held in a large office instead of a courtroom. You sit next to your lawyer and you and your lawyer have the opportunity to speak directly with the judge who will decide your case. Hearings usually take less than one hour and decisions are sent in the mail approximately 90 days later. After a favorable decision you can expect to begin receiving your benefits within a few months. If you are denied, then you and your lawyer should file an appeal to the appeals Council. You should also start the process over and file a new case at the same time. That way you have two chances of winning.

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Do you need a lawyer?

You are more likely to win your case with a lawyer. The application process can be long and complicated. Failure to meet certain deadlines and complete paperwork required by Social Security can extend the wait time or even cause you to lose your case. You do have the right to represent yourself.

If you decide to get a lawyer, it is wise to retain one who focuses his practice on Social Security cases. The rules and regulations are complicated and change frequently. Your lawyer should be experienced in the disability process and the standards for disability. We here at The Law Offices of Perry Liss never charge a fee unless you win your case.

Call Us Today For Social Security Disability On : 215-954-4185

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