An adult child becomes disabled before the age of 22 may be entitled to draw SSDI benefits based upon the Social Security eligibility of his or her mother or father. The parent must be deceased or drawing SSDI disability or retirement benefits. It is not necessary for the adult child to have an earnings record…
Once you reach age 62, your disability benefits will be automatically converted to retirement benefits by Social Security.
You cannot be engaged in “substantial gainful activity.” 20 C.F.R. 404.1571. In 2016 there is a presumption that a claimant earning $1010.00 a month is engaged in “substantial gainful activity.” This means that if you are paid more than this for work in one month despite a disabling condition, your claim will be denied. However, an…
Attorneys’ fees are both approved and regulated by Social Security. Many attorneys work on a contingency fee. This means that you do not have to pay attorneys fees if you do not recover. Contingency fee percentages are capped at 25 percent of the “past due” benefits with a cap not to exceed $6000.00. Social Security…
If your claim is denied, the next step will be to file for reconsideration. At reconsideration, the claim is evaluated by a different examiner and state agency physician. If the claim is denied at reconsideration, you may request a hearing before an administrative law judge. Please note there are strict time deadlines to appeal decisions…
A significant part of the claim process involves obtaining your medical records, which can be a time consuming process as the Social Security Administration has to get your records from many medical providers. Also, if Social Security has medical questions, they send you to a doctor for an evaluation. A disability examiner will work with…
Applying for Social Security benefits involves more than completing an application, and it is helpful to have someone who will work for you from the beginning. The Law Office of J.J. Talbott accepts claims at the initial application stage and would be happy to evaluate your case, answer your questions, and file your application with Social…
The fastest way to apply for SSDI disability is to apply online at www.socialsecurity.gov. However, if that is not feasible, then you may contact Social Security at their toll free number 1-800-772-1213 and apply over the telephone. Of course, you can go to any Social Security office near you to apply.
Pursuant to 42 U.S.C. sec. 426(b), you are entitled to be covered by Medicare within 24 months of being approved to receive disability benefits under SSDI. Please note that there is a 5 month waiting period from the onset of the disability to entitlement. However, under SSI, you should be able to get Medicaid coverage which is…
Disability payments under SSD are determined by your earnings record. Social Security uses your Primary Insurance Amount (PIA) which can be found on your Earnings Record with Social Security. SSDI payments are based upon lifetime earnings, not the severity of your disability. It is also important to note that SSDI benefits are reduced if you…