There are few guarantees in life. No one can promise an outcome in a Social Security case. Some factors help your chances significantly. It helps to:
While these factors do help, we understand they might not be present in many cases. We win all types of cases, including those for younger clients who've never been able to work and have had limited access to health care.
When you apply for Social Security disability benefits, the SSA uses the information in your application to obtain evidence from your physicians, as well as former employers, acquaintances, and family members. The SSA then uses a five-step procedure for assessing whether a claimant is disabled. As part of the procedure, the Social Security Administration asks the following questions:
In general, benefits are often easier to get for workers over the age of 50. The Social Security Act has various standards for different ages to meet the additional challenges that older employees experience when applying for new roles. The Social Security Act and regulations view younger workers as having an easier transition to a new field of employment than older workers. We serve clients of all ages, and no one should believe that they will not be eligible for disability benefits because of their age.
Children's Supplemental Security Income (SSI) is for children under 18 who are disabled. SSI is a public assistance program, and there are strict income and resource requirements that can reduce or eliminate an individual's eligibility.
Disabled Adult Child's Benefits (often referred to as CDB or Childhood Disability Benefits) are available to unmarried individuals who became disabled before age 22, and who have at least one parent who is receiving SSD; who is receiving Social Security Retirement (SSR) benefits; or who is deceased and had been eligible to receive SSD or SSR benefits. Payments are based on the earnings record of the parent.
SSD, DWB, and CDB benefits are calculated monthly depending on the worker's wage history. They are calculated using a complex method that considers the worker's lifetime wages, the date the claimant became disabled, and the date the claimant last worked. Because SSI is a public assistance program, any assets or earnings may lower your monthly payment. (This applies to whatever SSD, DWB, or CDB is awarded.)
The amount of time your benefits will go back depends on the type of claim you submitted, when you filed it, and when your disability began. If you apply for Supplemental Security Income (SSI), your benefits will start the first day of the month after your application. Applicants may be eligible for benefits for up to one year before the day they applied for Social Security Impairment (SSD) or Disabled Widow's/Benefits Widower's (DWB), but only after five complete months have passed since the disability began. You may be eligible for payments for up to six months before filing for Childhood Disability Benefits (CDB). Initial applications may be reopened in some instances, resulting in an award of back pay over the restrictions stated above.
The majority of disability applicants are denied in the first round. If your claim is denied, you must file an appeal by the deadline, or you will have to start the application process over. Applicants have sixty (60) days to appeal a denial in most cases. You may be able to argue that you have a valid reason for missing a deadline in specific circumstances. In rare circumstances, the Social Security Administration will review a previously refused application that was not appealed.
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