Social Security and Disability Law

A person is eligible to receive Social Security Benefits beginning at age 62 if sufficient funds have been paid to the Social Security Administration during the years that the claimant worked. If one waits until age 63, 64, 65, 66 or later the monthly benefit increases. One is covered by Medicare, if a sufficient amount of funds has been paid to the Social Security Administration during the working years, by the time one attains the age of 65.

 

If one becomes unable to work because of a limiting physical or mental condition, or combination of both, that claimant could apply for Social Security Disability and Insurance Benefits, if a sufficient contribution has been made as a result of the employment of the claimant during the working years. If the claimant has not provided a sufficient contribution to the Social Security Administration during the working years, the claimant could apply for Supplemental Security Income and Medicaid.

 

To gain the regular Social Security Disability Benefits and Medicare, the claimant must prove that the inability to work for eight hours per day, five days per week will be in place for greater than twelve months. If the claimant has not paid enough funds to the Social Security Administration during the working years, the claimant would have to prove not only total disability but also meet financial limitations which would result in the payment of a Supplemental Security Income check and eligibility for Medicaid rather than Medicare.

 

The process begins with an appointment with your local Social Security Office and completing the application. If one is denied at the initial level, that claimant would receive Notice of Disapproved Claim and must file a request for reconsideration within sixty-five (65) days from the date of the Notice. Within one week of receiving that Notice is the time to contact a lawyer who has experience appearing before the Administrative Law Judges of the Office of Disability Adjudication and Review. A lawyer would need to review your application, Notice of Disapproved Claim and a list of the complete name, mailing address, email address, telephone number and fax number for your physician or physicians who could help us prove the inability to work at any job for eight hours per day, five days per week for a period in excess of twelve months. Time is critical in a Social Security Disability claim. So, too, is verification that a medical condition qualities as a disability. An experienced attorney knows how to ensure that a qualifying person receives the maximum available benefits as soon as possible.

 

Typically, a large percentage of claimants are denied again during the reconsideration period and would receive a Notice of Reconsideration, and have sixty-five (65) from the date of that Notice to request a hearing.

 

The earlier in the process you contact an attorney, the better prepared you and the attorney would be to appear at a hearing.

 

Here at Wright, Worley, Pope, Ekster & Moss, PLLC, Richard Wright at the Tabor City office, Dennis Worley at the Tabor City office and Kenneth Moss at the Little River office have much experience with these disability claims. None of us makes any charge for helping you with all of the paperwork and would sign a retainer/fee agreement with you that we receive payment only if we are successful in working with you to gain your Social Security Disability and Insurance Benefits.