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| 1. | What is the difference between Social Security Disability ("SSD") and Supplemental Security Income ("SSI")? SSD and SSI are both programs administered by the Social Security Administration that provide benefits based on an individuals' disability. An individual is eligible to receive SSD benefits based on contributions made to the social security trust fund through the social security tax on their earnings. Thus, SSD is akin to a mandatory disability insurance program funded by payroll taxes. In contrast, SSI is a needs-based program based upon a person's income and resources. The test for determining disability under both programs is the same under both programs. |
| 2. | What is the definition of disability? The law defines disability as the inability to engage in any substantial gainful activity due to any physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of at least 12 months. |
| 3. | How do I apply for social security disability benefits? An application for SSD or SSI can be made at any local Social Security Administration office or by telephone. It is best to call ahead and make an appointment to meet with a representative. You should bring with you the names and addresses of all doctors, clinics, therapists and hospitals that have provided you with treatment and the names and dosages of all medications that you are taking. You will also be asked to provide a summary of where you worked for the past 15 years. |
| 4. | Do I need a lawyer to apply for social security disability benefits? No. but we believe that you have a much better chance of obtaining benefits if you are represented by an attorney. The process used by the Social Security Administration for making a disability determination involves a complex analysis of medical, legal and vocational issues. Therefore, we strongly recommend that you seek legal advice if your initial claim for benefits is denied. |
| 5. | When should I consult an attorney? You should seek legal advice any time that you have questions concerning your right to SSD or SSI. In our experience, most people seek legal counsel if their initial application for benefits is denied. |
| 6. | What should I do if my claim is denied? If your claim is initially denied by the Social Security Administration, you have the right to appeal the decision within sixty (60) days by requesting a hearing before an Administrative Law Judge ("ALJ"). You should be aware that many claims are granted only after a hearing before an ALJ. We recommend that you contact legal counsel as you receive notice that your claim has been denied to help determine whether to file an appeal. |
| 7. | What happens at a hearing before an ALJ? Our lawyers the medical evidence and legal argument supporting your claim for disability under the Social Security Act and the administrative regulations. We present testimony from you summarizing your educational and work background and your disabilities and question any vocational or medical experts that the ALJ may call to testify. |
| 8. | What are the fees for representation? Kunkel & Fink, LLP charges a contingent fee of twenty-five percent of the past due benefits that are awarded. The contingent fee means that you are not responsible for the payment of any legal fees unless we obtain benefits for you. Our firm will also advance the costs necessary to obtain your medical records or other evidence that is necessary to establish your claim. We ask that the costs be reimbursed only if we are successful in obtaining benefits for you. |
| 9. | Are children eligible to receive social security disability benefits? Yes. Children of individuals who are awarded SSD may qualify for benefits based upon the disabled parent's disability. Likewise, children under the age of 18 may be considered disabled for purposes of SSI if they have a mental or physical impairment or combination of impairments that cause a marked or severe functional limitation and which has lasted or can be expected to last for a continuous period of at least 12 months. |
| 10. | Is there a waiting period for Social Security Disability? Yes. A general rule, you will not be paid for the first five months of disability for SSD claims. SSI usually applies the first month after the application is filed. |
If you have additional questions regarding social security disability law, please contact Leah Fink at (800) 467-5272 or email her at nlfink@kunkelfink.com.
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Kunkel & Fink, LLP Toll-free Phone: 800-467-5272 | |||||
| Pittsburgh Office |
| Uniontown | |||
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