"Did you know that initially, Social Security denies more claims than they approve? Many of those who have their claim denied often feel lost in a bureaucratic maze. We have been helping seriously injured people navigate the Social Security laws and rules for over a half century. If your Social Security Disability Benefit has been denied, call me. I can review your claim and determine how you should proceed."
Disability Defined
Title II Claims
For the purposes of Social Security rules, a disability is defined as the inability to engage in substantial gainful employment due to an illness or injury that has lasted at least one year or is expected to last at least a year or can result in death.
Social security disability determinations are based on your ability to engage in your past employment or other work for which you have necessary skills.
A determination on your claim is based on factors such as age, education, work history and transferable skills.
This type of disability is known as a Title II Claim.
Title XVI Claims
SSI
Title XVI claims are those where you are seeking supplemental security income, also knows as SSI.
To be eligible to file for SSI under Title XVI, you must meet an income and assets test. Your income and assets must each be below a certain limit. Your work record is not considered for supplemental security income benefits eligibility.
Has Your Claim Been Denied?
If your claim has been denied you must contact a lawyer as soon as possible. You only have sixty (60) days to Request a Formal Hearing before an Administrative Law Judge. At this hearing you will be given the opportunity to present your case to gain Social Security Disability Benefits. This is the point where the majority of disability cases are won or lost.
It's important that you have proper legal representation during this process. This is a formal legal process and certain steps must be taken to protect your rights and options. At the law firm of Lenahan & Dempsey, we handle Social Security cases and we’re here to help you.