Need help securing Social Security Disability benefits?
Social Security Disability
“Disability” as defined by the Social Security Administration, is “the inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.”
SSD is not welfare; SSD benefits are paid to eligible social security contributors who have become disabled and can no longer work.
To collect Social Security Disability (SSD), two initial tests must be met:
- sufficient contributions into the social security system prior to disability;
- disability as defined by social security regulations.
Supplemental Security Income (SSI) is a needs based program. Individuals who have not paid into the social security system are entitled to benefits if disabled and earnings and assets fall below amounts set by social security regulations.
To collect SSI, two initial tests must be met:
- disability, as defined by SS regulations;
- income and resource limitations, as set by social security regulations.
As an active member of the National Organization of Social Security Claimants Representatives (NOSSCR), Attorney Dennis L. Leahy has assisted thousands of disabled individuals in securing Social Security Disability benefits.
Attorney Leahy and his staff attend semi-annual NOSSCR conferences to keep abreast with latest information and changes in Social Security Disability laws.
Application for SSD and/or SSI
Initial applications are made at the district office. If an applicant is physically unable to go to the district office, a Social Security employee will come to an applicant’s home to complete an initial application for benefits. An initial application can also now be made via the internet and done by telephone interview.
If the applicant’s initial application is denied the applicant has sixty (60) days to request claim reconsideration.
If the applicant’s reconsideration is denied, the applicant has sixty (60) days to request a hearing before an administrative law judge. An administrative law judge receives evidence and hears testimony from the applicant and decides if the applicant is disabled and what benefits should be granted.
If the administrative law judge denies the applicant’s claim, the applicant has sixty (60) days to make an appeal to the Appeals Council, which is a panel of judges who review the administrative law judge’s decision to see if there was error. No testimony is allowed before the Appeal’s Council, but if new, pertinent medical evidence is available, the same can be submitted with the Appeal.
U.S. Federal Court
If the applicant’s claim is denied at the Appeal’s Council, suit can be filed in U.S. Federal District Court and heard by a federal district judge.
U.S. Court of Appeals
If the U.S. District Court denies the applicant’s claim, an appeal can be made to the U.S. Court of Appeals.
Petition for Review to the U.S. Supreme Court
If the U.S. Court of Appeals denies the applicant’s claim, a petition can be field with the U.S. Supreme Court requesting review.
There are no attorney fees unless we obtain a favorable award. Attorney fees are twenty-five percent (25%) of your past due benefits up to a maximum of $5,300.00. Attorney fees must be approved by the Social Security Administration. Your only financial obligation is to pay for copies of medical records and medical evaluations.
Following a successful award, you would be responsible to reimburse us for our mileage, postage, photocopying costs and long distance telephone calls.
We are looking forward to working with you for your successful award.