FAQ-Social Security Disability Claims

Pulgini & Norton, LLP — Braintree, Massachusetts

What are SSDI Benefits?

These benefits, also called Title II Benefits are available to individuals who are disabled within the defined meaning of the Social Security Act. To meet the criteria for Social Security Disability, you must be disabled for any job for which you are reasonably suited, within the national, regional or local economy.

What factors are considered in determining eligibility for SSDI Benefits?

First, you must have worked twenty out of the last forty quarters (five out of last ten years), but this requirement period may be shorter if you are a younger person. If you meet the earnings requirement, then a determination will be made based upon the extent of your disabling condition, taking into account your age, education, work experience, training, and any other specials skill which you may possess. Proof of total disability must be supported by competent medical documentation.

What if I apply for Social Security Disability Benefits and get turned down?

There are several levels of appeals available, if you disagree with the Social Security Administration decision. If you are found to be ineligible after the initial application process, you can file a Request for Reconsideration form, and must file documents appropriate to that appeal. If you have not obtained a lawyer prior to this point in time, you may want to consult a lawyer who has experience with Social Security Disability cases, to ensure that all the proper documentation is presented. If a denial is again received at this level, you can request a Hearing before a United States Administrative Law Judge. At that proceeding testimony is taken and documentation is introduced. Representation by an experienced attorney at this juncture can be extremely beneficial, as the Administrative Law Judge will question you, and may bring in medical and vocational experts to question. If you do not prevail at this level, you can appeal to the Appeal Council, and any further adverse determination must be appealed to the U.S. District Court, if there are reasonable grounds for such an appeal.

How do I pay for an Attorney to represent me relative to my Social Security Disability Claim?

There are no up front fees which you must pay. If you are successfully awarded S.S.D.I. Benefits, the attorneys fee will be twenty-five percent of any past due benefits you receive, up to a maximum amount which has been established. You may also be responsible for reasonable costs associated with the pursuit of your claim.

For a free consultation with an experienced social security disability lawyer, contact us via e-mail with a brief description of your situation or reach us by phone at our Downtown Boston, Hyde Park, or Braintree, Massachusetts, office locations.