Individuals who apply for social security disability must have a severe impairment. The Social Security Administration (SSA) defines severe as a disability that is expected to last for 12 months or end in death. SSA measures the severity of a condition by how it limits the ability to function.
The Application Process
Applying for disability is a long and tedious process. Consulting with one of the Social Security Disability Attorneys in Temecula CA is a must. Further, it is a good idea to hire an attorney. A key part of the application process is the paperwork that details how the impairment changes one’s daily life. There are those who simply cannot complete paperwork. However, any activity that is restricted should be included.
Every state has a social security claims office. A claims examiner looks at each application and forwards it to agency experts. SSA employs medical and vocational experts. Further, the agency has a book that states requirements for each condition to be disabling. There are also economic guidelines including how long an individual worked and whether they paid FICA taxes.
Date Of Disability
Social Security Disability Attorneys in Temecula CA must figure out a client’s date of disability. This is the first date that an individual became disabled. Applicants are entitled to retroactive back-pay for several months prior to filing an application. In addition, applicants receive a full year’s benefits if it takes more than 17 months past the onset date to be approved. Indeed, some applicants receive hefty back pay checks.
Supplemental Security Income (SSI)
Low-income applicants, the blind and elderly must apply for disability under the SSI program. This is a joint program of the state and federal governments. SSI disability requirements are the same as regular disability. However, applicants may not have a lot of assets. In addition, SSI recipients are not entitled to any back pay because the entitled date is always the application date.
Denied claimants are entitled to appeal their claim. A request for reconsideration is the first appeal level. The request is basically a paperwork appeal only. After a second denial, claimants are entitled to request a hearing. The hearing is held before an administrative law judge and the claimant may testify. For more information, visit Erichuntattorney.com.