Chapter 13 Bankruptcy

According to the Social Security Administration, an individual is disabled if they are unable to perform substantial gainful activity as a result of a severe impairment that is likely to continue for twelve (12) consecutive months or result in the death of the person. In order to determine if a person meets this definition Social Security has promulgated a series of regulations that use a five-step process. This process takes into account details such as work history, condition, age, education and skill level.

There are two separate programs that the Social Security Administration provides benefits under — Social Security Disability (SSDI) and Supplemental Security Insurance (SSI). Funds for these programs are garnered from two different sources: Disability is an insurance program and is provided through workers’ payroll taxes, while general tax revenues fund SSI.

How much Social Security you pay into the system determines how much you receive in SSDI benefits. You can request this statement by mail or request to view it online at www.ssa.gov. SSI benefits are determined by attributes such as your living arrangements, state of residency, property owned, and household income.

Our office works on a contingent basis, meaning we do not receive financial compensation unless your claim is successful. Those fees are determined on the back-due benefits amounts the individual receives based on the amount that would be owed if the court had made a correct decision from the start. The SSA puts a cap of 25 percent or $6,000 on this amount, whichever is less. Additionally, the SSA must approve all of our fees, protecting both us and the individual.

Once a person is deemed eligible for SSDI, there is a two-and-a-half-year waiting period for Medicare. If you are collecting SSI you are automatically eligible for Medicaid as soon as you begin collecting benefits.

Oftentimes, Social Security applications are initially denied because of errors or improper documentation in the application process. Our team of legal experts can help you navigate the application process and appeal your claim.