Social Security Disability Insurance

In This Article, You Will Discover…

• Who qualifies for Social Security Disability Insurance benefits.
• The common mistakes people make when applying.
• What to do if your claim is denied.
• And more…

What Is Social Security Disability Insurance?

To get Social Security Disability Insurance benefits, you have to prove that you are unable to maintain gainful employment and that your disability will continue for at least a year or will result in death.

Therefore, if you’re only going to live another six months, then you still qualify. Otherwise, you have to prove that you’re going to be disabled for at least a year. You also have to have paid in enough to be covered.

For most people, that’s not going to be an issue, though there is a requirement that the quarters of coverage be within a certain period. About five years after quitting work, your Social Security Disability Insurance lapses because you haven’t paid anything into it.

You could still qualify if you prove that you became disabled before your insurance lapse.

For example, if you quit working in 2015 and filed for disability in 2021 after your Social Security Disability Insurance has lapsed in 2020, proving to the judge that you actually became disabled before the end of 2020 even though you didn’t apply until 2021 will allow you to still receive benefits.

How Often Are These Claims Denied, And What Are The Most Common Reasons They’re Denied?

Almost all claims are denied at the initial level. The claim is filed usually by the disabled person directly with the Social Security Administration. They take three to six months, and then in most cases deny it.

Those denied then seek out a lawyer who will file a request for reconsideration, which is the mandatory next step if you want to proceed. The Social Security Administration takes another three to six months and often will deny them again. Then you request a hearing, and that is when you actually have a decent chance of winning.

Unfortunately, there’s a backlog on the hearings – anywhere from a year to 18 months – making it a long process.

The main reason that people are denied is that the judge doesn’t believe that they’ve proved that there’s no job they can do.

In other words, if you’re under 50 years old, you have to prove that there’s no job that you can do.

At the hearing, a vocational expert will be questioned by the judge and your attorney. The expert will relay their notions about what you can do work-wise. Your attorney will strive to prove that you can’t consistently complete a normal workday or a normal workweek, meaning that you would be off-task too many times, have to take unscheduled breaks, and need other accommodations of a similar nature.

What Are The Common Mistakes People Make When Applying For The SSDI Benefits Without An Experienced SSDI Attorney?

Most people are not brutally honest like they need to be when applying for benefits. We all have our egos, and we often don’t want to admit how bad things are. Many people fill out the paperwork too optimistically because they don’t want to admit how dire their situation is, or they don’t have the perspective of an objective third party when they answer the questions.

Frequently, they will give the wrong impression both because they’re trying to protect their ego, and they don’t view it the way an objective third party would view it, and they make things sound better than they are.

Of course, on the opposite extreme, if they aren’t honest, then that’ll kill the whole case because they won’t be believable.

It is beneficial to have a lawyer because

• You need a legal advocate for the hearing anyway, which the overwhelming majority of cases entail.
• It helps to have an objective third party explain the standards to you so that your answers are more accurate.

Some people have disabilities that would allow them to apply on their own because they are likely to be granted benefits, and there’s no point in us being paid anything.

If for some reason they don’t give it to you after we have encouraged you to apply independently, come back, and we’ll be happy to help you.

Generally, people are better off having a lawyer apply, but some can get it on the initial level due to the severity of their disability.

With the guidance of a skilled attorney for Social Security Disability Law, we strive to handle your case with care and professionalism in order to provide you with peace of mind. For more information on Social Security Law in Arkansas, an initial consultation is your next best step.

More Information

• Understanding The Social Security Disability Insurance Appeals Process