For informational purposes only. Always consult an attorney to obtain competent legal advice.

 

Social Security Law

Social Security Claims

  • Supplemental Security Income (SSI) and Social Security Disability Income (SSDI) are programs administered by the U.S. Social Security Administration (SSA).

  • Generally, SSI benefits are available for persons who qualify due to limited income and/or disability.

  • SSDI benefits are available for workers of any age who have become disabled and cannot work.

  • An application for SSI or SSDI benefits may be filed with or without an attorney. However, in the event of a denial of benefits, it is usually a good idea for a claimant to retain a lawyer for the appeal

  • Typically, a disabled person will engage a lawyer versed in Social Security law to file his or her application for disability benefits. The lawyer’s office will then obtain copies of medical records that can prove the disability. These records are submitted with the application. A hearing is then conducted in which a judge will decide if the applicant is disabled and, if so, the date that the disability commenced.

  • If the application is successful, the applicant is then paid a lump-sum for the period from the date of disability up to the present time. The applicant will thereafter be paid a fixed monthly benefit, as long as the disability continues.

  • The applicant can even continue to receive disability benefits while attempting to re-enter the job market. This gives the applicant an incentive to try to return to work without risking loss of benefits.

  • The amount of benefits is based upon the amount of social security wages earned by the applicant during his or her lifetime, and the number of any dependants. There is a cap or maximum amount that a person may receive.

  • Typically, persons who qualify for SSI or SSDI will also qualify for health insurance through the federal Medicaid program.