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SOCIAL SECURITY DISABILITY (SSD)

Do I Qualify?

If you have worked and paid Social Security taxes for five of the last ten years, and you cannot work due to medical condition 
that is expected to last at least one year or result in death, you may qualify for Social Security Disability Benefits.

How Do I Apply?

Call the toll-free number, 1-800-772-1213, to make an appointment to file a disability claim at your local Social Security office or to set up an appointment for someone to take your claim over the telephone. About 65 percent of initial applications are denied. If you have not already contacted an attorney, this would be the time to consult with one. If your initial application for benefits is denied, you must ask for reconsideration within 60 days. Most disability cases are denied again after the reconsideration appeal. If you are denied again, you must then request a hearing within 60 days. At this hearing you (or you and your attorney) will present your disability claim to an Administrative Law Judge. This judge hears testimony and reviews your doctor’s reports, your own records and your application. The judge will usually take several months or longer before issuing a decision in your case.


What Benefits Will I Receive?

The amount of a benefit award will depend partly upon how much income you earned when you worked. Your benefits can be affected by any workers’ compensation payments you receive. There is a five month "waiting period" for Social Security Disability benefits, so the Administration will compute the number of months between the date that you were first determined to be disabled and the date that your claim was settled, and then subtract five months from that number. They will then multiply that result times your monthly award to determine the total amount of back benefits due to you.


Remember... 

Each claim is different and we cannot determine in advance how a judge will rule in a case. 
There are, however, some simple rules to follow:
  • Always tell the truth.
  • Never overstate your medical problems, but never minimalize them either.
  • Provide all relevant details and particular examples but don’t ramble in your testimony.
  • Continue to see your own doctor on a regular basis throughout your claim. Long periods  of time with no medical treatment could be used as evidence that you were not disabled during that time.
  • Don’t worry. We will be there to help you if you forget something or don’t bring out the necessary details at your administrative hearing.

What we can do for you: 

We desire to be called in on a Social Security Disability claim right at the start of your application so that we can counsel you and help to defend your rights throughout the Social Security process. We can help you at both the initial application stage and at the reconsideration stage, as well as at your disability hearing with the Administrative Law Judge. Our assistance during this process will consist of:
  • Help you obtain the proper reports from your physicians and specialists.
  • Assist you in keeping records that will detail your condition and the extent of your disability for the judge.
  • Monitor the status of your claim as it moves through the complicated Social Security  Administration system.
  • Request further medical evidence from your doctors, if necessary.
  • Provide an opening statement on your behalf at the administrative hearing.
  • Ask you the essential questions at the hearing to present your case in the most effective manner.
  • Lay the groundwork for a remand or reversal on appeal if the Administrative Law Judge decides against you.
  • Verify that the monthly amount and start date of benefits are correct.

SUPPLEMENTAL SECURITY INCOME (SSI) 

Supplemental Security Income is designed to help low-income individuals who are at least age 65, blind, and/or disabled. SSI pays cash benefits to supplement the cost of food, clothing, and shelter. An individual may still be eligible for SSI benefits even if the work history prerequisite for SSD is missing.

How we get paid:

In almost all cases, the attorney receives one-quarter of the back benefits if the claimant wins and no fee if the claimant loses.

Contact Us 

To discuss your social security claim with an experienced social security lawyer from the Gjoka Law Firm, feel free to contact 
us by email or call us at 904-351-8749.

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