Social Security will pay disability benefits to qualified claimants who suffer from an impairment that prevents them from working. There are two main benefit programs, Social Security Disability Insurance (or SSDI) and Supplemental Security Income (SSI). SSDI is available to disabled claimants who have contributed enough through their payroll taxes to be "insured". There are no income or asset limitations for SSDI. SSI, is a welfare program, available to disability claimants with limited or no assets or income. Benefits are also available under other special circumstances and may be payable on behalf of disabled children. Call Winter, Chewning & Geary, LLP to talk to one of our attorneys about the benefits program for which you might be eligible.
Very often, Social Security will deny disabled claimants at the early stages of the disability application process. This is because the Social Security Administration has strict rules that it applies which cause many initial applications to be denied. It is important that you understand that a denial of benefits does not necessarily mean that you can't win your claim on appeal. There are multiple levels of appeal that can be pursued. Winter, Chewning and Geary, LLP can assist you at each level of appeal:
· Reconsideration: If you have received a denial of your initial claim for benefits, we can assist you with a request for reconsideration. (The request for reconsideration must be filed within 60 days of the denied disability claim.)
· Hearing Before an Administrative Law Judge: If your request for reconsideration is denied, our Social Security disability attorneys can represent you at a hearing before an administrative law judge. At this stage, a specially trained judge will listen to your testimony and receive evidence regarding your disability. (The request for this hearing must be made within 60 days of the reconsideration denial decision.)
· Appeals Council: If the claim is denied after a hearing before the administrative law judge, the case can still be reviewed by the another body – the Appeals Council. The Appeals Council may reverse the decision of the first judge and grant you a new hearing or award you benefits. (The request for an appeals council review must be made within 60 days of the administrative law judge's denial.)
· Federal appeal: If your claim is still denied after all previous levels of appeal have been pursued, you may still have grounds to appeal your case before the United States District Court.
Each stage of the Social Security disability appeals process has very strict deadlines. Therefore, it is essential to act quickly to consult with an attorney and start preparing your case. Contact us at Winter, Chewning and Geary, LLP for representation in all levels of SSI or SSDI appeals.