Social Security Disability Claim in 2024: Your Legal Rights & Options

Do you have a medical condition that prevents you from working a full-time job? It doesn’t matter whether it is mental or physical in nature, you can take social security disability claim from the Social Security Administration (SSA).

Eligibility for social security disability claim

  • You must be a U.S. citizen or fall into a group of limited exceptions to the citizenship rule.
  • Must be disabled according to the same criteria and definition of disability as used for SSDI.
  • You must file an application to be considered.
  • SSI program has specific income and asset requirements that must be met.

Procedure to apply for social security disability benefits

There are different ways to apply for social security benefits. It includes:
    • Online.
    • In-person at a local district and branch of the Social Security Office.
    • Phone.

Waiting period for social security disability claim

The social security disability claim legal action has a five-month waiting period after the onset of your disability. In addition, SSDI only considers full months. It means the actual waiting period can be longer than five  months unless you become disabled the first day of the month of a waiting period. 

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Types of a disability claim

Short-term disability insurance (STD) and long-term disability insurance (LTD)

You may have to purchase a long-term or short-term insurance policy through an insurance agent. Or else, your employer may sponsor a group disability plan that covers you and other employees of your office. 

Social security disability insurance (SSDI)

It ensures disability workers who have paid into the system through FICA taxes. It is renowned as a Federal disability insurance program run by the Social Security Administration (SSA).

Supplement security income (SSI)

The SSI benefits are available to blind, elderly, and disabled people with little to no income or assets.

Veterans disability compensation

It’s a tax-free financial benefit paid to the Veterans who become sick or injured as a result of active military service. In addition, the Veterans disability perks are controlled by the Department of Veterans Affairs (VA). 

Documents required to file social security disability claim

  • Education. 
  • Medical condition. 
  • List of doctors and their current contact information. 
  • List of prescriptions. 
  • Past work (how you show your previous work experience affects the outcome of your claim).

Ask the SSA to conduct a settlement claim review

To determine whether you are eligible for a fair social security disability claim settlement, you must contact the SSA to arrange for a review of your record. In addition, you can also compel and send the enclosed settlement claim review form to the SSA.  

social security disability claim

What to do if a claim is denied?

  • If the  SSA denies your disability claim, you have the right to appeal the decision. 
  • You will get 60 days to plead for the first level of appeal. 
  • Your notice from the SSA will provide instructions about how to appeal the decision. 
  • You can call your local the SSA office to inform them you need to appeal the SSA’s decision for the benefits. 

Steps in the appeal process

  1. Reconsideration (it takes around 90 days).
  2. Hearing before an administrative law judge (it takes around 530 days).
  3. Review by the appeals council (it takes around 270 days).
  4. File a federal lawsuit (it takes around 540 days). 

If you want a social security disability lawyer who cares about you and the outcome of your social security disability claim, contact Ethen Ostroff Law. He and his connections ensure you get every dollar possible for what you went through. 

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