Social Security Disability Attorneys in Chicago
Social Security was established by the Federal government under the Social Security Act. This program provides benefits to people who are disabled, retired people, dependent children, spouses, and survivors. The Act is a combination of laws that are often complicated to understand, and the eligibility requirements are quite strict. The laws under the act specifically list detailed procedures that are to be followed under judicial review and administrative review hearings that are sometimes needed if claims are denied. Skilled social security lawyers at Ankin Law, can help with the process, so that you have the best chance of getting favorable results with your SSI or SSDI claim.
Eligibility Requirements That Must Be Met
Anyone who is under 65 years old is required to have a disability in order to qualify for social security benefits. The law states that a disability under the Social Security Act is any mental or physical disability that prevents someone from being able to perform gainful activity that is substantial. This disability has to last for twelve months or more, or it must be a terminal disability that will result in death.
To receive Social Security disability income payments (SSDI), the disabled person’s record will be looked at to make sure they earned enough credits through employment to qualify for SSDI payments. These credits are earned based on the amount of social security tax that people pay from their paychecks when they work. SSDI doesn’t have any limits with assets or income like supplemental security income does. When the credits for determination of eligibility are calculated, the number needed will be determined by how old you are when you become disabled. For information about calculating credits or other things, visit https://www.ssa.gov/benefits/retirement/planner/credits.html.
SSI gives disabled people an income if they have limited resources and income. The limitations may vary from state to state, but income usually includes wages from employment, SSDI benefits, interest, alimony, pensions, child support, and even housing if room and board is provided for you on a routine basis. Some income such as work expenses for the blind or disabled is not included. The SSI laws that are in place limit the total amount of assets that you can own. This limit is $2,000 in most cases, but it rises to $3,000 if you and your spouse both get SSI payments. Some property is excluded as well, and further information can be found on the Social Security Administration’s website.
The Complete Claims Process
The disability claims process begins the moment you file an application with the Social Security Administration. You need to pay careful attention when filling the application out, to ensure that everything is completed correctly. You will need to list every piece of information that you have about your employment history, medical condition, and financial situation. After your application is sent to the Social Security Administration, it will be routed to a state agency that will be required to review the claim. If they feel that it is necessary, then they may assign it to a qualified adjudicator. This person will make a final decision on the claim in some cases, but they may also put it on hold long enough to gather additional information to make a decision. It is possible that they could want you to see a new medical examiner that is totally independent.
If you have received notification that your claim has been denied, then you have the option of filing a Reconsideration Request. This request will be filed with the Disability Determination Agency in your state. They will either forward the claim to a new adjudicator, or they will deny your reconsideration request. If this happens, then you will be able to submit a Request for Hearing, to get your case in front of an Administrative Judge. It is important to have an experienced attorney who will represent your interests.
Contact Ankin Law, in Chicago at (872) 529-9377 to schedule an appointment for a free consultation. Our skilled attorneys are extremely proficient with social security claims, and they can help you succeed in winning your case.
