I am Disabled and need income… NOW what?

Important Information to Remember when Applying for SSDI.

            This blog is to be a general information opening dialogue for applying for SSDI.  This blog does not cover every scenario.  For more in depth information on your own individual scenario, do not hesitate to book a FREE session to go over your disability and see how to proceed with your claim. 

            Okay, now that the formalities are done, the most important part of applying for SSDI is to make sure that you have worked at least 10 years and made deductions to social security during those years.  This would mean that you meet the 40 credit (4 credits per year worked) requirement to apply for SSDI.  It is important to note that if you were paid under the table those years of work would not count.  But if you have worked for at least 10 years and made payments to FICA, you are on your way to SSDI eligibility.

            Another important piece of information is to make sure that you place a claim for SSDI within five years of your date of last worked.  This is important because after the 5 years your credits will expire.  You will lose out on the opportunity to make a claim for SSDI if your date of last worked surpasses the 5 years. 

            Furthermore, the most critical and important piece of your SSDI application is going to be your medical documentation.  An attorney can make an argument, but they need the appropriate evidence in order to be a zealous advocate for you.  Make sure you are attending all doctors appointments and receiving the appropriate treatments for your conditions as prescribed by your physicians.  Without the appropriate medical records it is going to be nearly impossible to get approved for SSDI.

            Lastly, the SSDI application process has three main phases.  The first phase is initial application.  IF you are denied at initial do not become discouraged you now have 2 more bites at the apple.  The next is reconsideration which is similar to the initial application stage.  During this stage the SSA is reviewing all your documents and then making a determination if you qualify.  If you are denied at reconsideration then we move to the ALJ phase.  You and your attorney will go before an Administrative Law Judge and make an argument (based on your abilities and your medicals) for your qualification to receive SSDI.

            It is important to note that an attorney will work this type of case on a contingent basis.  This means that will not be paid unless the recipient is awarded retroactive benefits.  Also important to note is 5 months from the date of onset of your condition you will not be paid because SSA considers this the amount of time it takes for them to evaluate your disability status.   

These are situations that are unfair and can make you feel vulnerable, lost and alone.  Do not allow this to become your reality. When your disabled and you need help, you want to work with qualified attorneys willing to provide you with information to your benefit.  Let Dynasty Law Group help you.

Until next time …

Joshua D. Melo, Esq.