Social Security disability is a federal program which provides for monthly cash benefits as well as medical care insurance (MediCare). It is administered by the Social Security Administration. It can be loosely considered as early retirement for individuals who, because of a chronic medical or mental illness are not able to work. The program also will provide benefits for individuals who have suffered a serious illness or injury that will incapacitate them for at least one year.
The Disability Benefits Insurance program (DBI) is founded upon payment of FICA taxes, which are withheld from the employee’s pay. The cash amount of the benefit is calculated based on the earnings of the individual. Supplemental Security Income (SSI) is a federal welfare program for disabled persons who do not have the necessary work credits to qualify for Disability Benefits. The rules for medical qualification are the same for both programs.
Many deserving persons have difficulty with the complicated process of applying for disability benefits and appealing unfavorable decisions. At Herren Law Office, we guide our clients through this process and are often the difference between success and failure.
The application is a three-step process beginning with the initial application. The sooner that the applicant obtains competent assistance the better and the more likely that the application will ultimately succeed. The Representative cannot generally speed up the process, but can ensure that each step is made timely and that the necessary documentation is on file. Otherwise the application process can become aborted, requiring the applicant to start over and wasting valuable time.
The application for Social Security Disability should be taken very seriously by all concerned. First, the applicant should be sure that she is not able to obtain and to hold a job. Disability is not as good as working. Any job is better than disability. But once the determination to apply is made, then resolve to go the distance with your Representative and see the process through to completion.
The first step is to apply in person, by telephone or on the internet. You can also make your application in our office without going to SSA. It usually takes two or three months to receive a reply. If the initial application is denied …
Request that the claim be reconsidered by filing the appropriate form. If Reconsideration is denied …
The third and most important step is the hearing. Each applicant has the right to a hearing before an Administrative Law Judge. You and your Representative should take full advantage of this step to present your case. There are numerous rules of decision that the judges follow and it’s critical that your claim has been prepared well in advance of the hearing and that your Representative is very familiar with the process.
Unfavorable decisions by the Administrative Law Judge can be appealed to another step within the Administration, and then to federal court, if necessary. Some Representatives are either not willing, not competent, or are not licensed to take the case to federal court. Before engaging a Representative at any level of the process the applicant should inquire and should be sure that her Representative is ready, willing, capable and licensed to take her case to federal court if necessary.
At the Herren Law Office, our Houston Social Security Disability attorneys are ready to help with industry-based knowledge, diligence, and compassion. If required, we will take your case to court and aggressively pursue your rights and interests.
If you need help with the application process or if you have been denied social security disability benefits, don’t hesitate and contact us now! Call (713) 682-8194 today.
Herren Law does not charge a fee for a consultation and we work on a contingency basis. You do not owe us anything unless you receive benefits.
We are here to help you in your time of need.
Complete the online form, call us at 1-800-LAW (529)-7707, (713) 682 8194 or send us an email for a free case evaluation. You will get a response within 24 hours.
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