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Social Security disability: The social security and supplemental security income disability programs are the largest federal programs that provide assistance to people with disabilities. Social security disability insurance pays benefits to you and certain members of your family if you are insured, meaning that you worked long enough and paid social security taxes. Supplemental security income pays benefits based on financial need. Individuals who have a disability and meet the medical criteria set forth by the Social Security Administration may qualify for benefits under either program. Once you apply for benefits, the Social Security Administration will verify eligibility and collect medical evidence in order to render an initial determination as to whether or not you are disabled under the law. The Social Security Administration may contact you in order to set up an examination. If found to be disabled, the Social Security Administration will contact you to discuss benefit payments.
If you are denied social security disability benefits, you have the right to appeal any decision that the Social Security Administration makes on whether you are entitled to social security benefits or are eligible for supplemental security income payments. Generally, you have 60 days after you receive the notice of the decision to appeal that decision. If you do not appeal within the 60-day time limit, you may lose your right to appeal and the last decision will become final. You have the right to be represented by a lawyer or other qualified person familiar with you and the social security program during this appeal process. In many instances, fees are not charged unless you receive benefits. If you receive benefits, the fees will come directly from the Social Security Administration to your representative. In any event, a representative cannot charge or collect a fee from you without first getting written approval from social security.
Once an appeal has been requested, the Social Security Administration will schedule a hearing at a local social security hearing office. Unfortunately, it may take a considerable amount of time in order for the Social Security Administration to schedule the hearing. The administrative law judge who conducts your hearing will then issue a decision with regard to your disability status. If favorable, the Social Security Administration will contact you and your representative to inform you of your benefits.
If after the hearing you are denied benefits once again, you may ask for a review by the Social Security Administration's appeals council. Again, there are time limits that apply to asking for a review by the appeals council. If you disagree with the appeals council's decision or if the appeals council decides not to review your case, you may then file a lawsuit in federal district court. |