There are two types of Disability benefits one can file for under the Social Security Disability Act: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Social Security Disability Insurance benefits are based upon ones work credits and their disability(ies). Supplemental Security income is based upon ones income and their disability(ies). For both of these benefits the individual must show that they have been, or will be, disabled for 12 months or more. The Social Security Act provides a list of the types of impairments (disabilities) that are recognized. Social Security will look at ALL the disabilities an individual has, not just one. For example, if one has diabetes, COPD, and hypertension, all of these conditions will be taken into consideration.

There are three stages for filing for disability benefits: a. the Initial Application, b. Request for Reconsideration, and c. Request for Hearing. The Initial Application starts the process for filing for benefits. This can be done in person by going to your local Social Security Administration Office or it can be done online at www.ssa.gov. A decision will be rendered in approximately 3-5 months. If you are denied benefits, you can file a Request for Reconsideration for your case to be reviewed again. It is recommended that at this level you obtain representation to help you pursue your case. Updated medical information should be submitted to the Social Security Administration. A decision at this level takes approximately 7-9 months.

If you are denied benefits at the Reconsideration level, you can file a Request for a Hearing before an Administrative Law Judge. It is strongly recommended that you seek representation at this level. It takes approximately 12-18 months to obtain a hearing date at this level. Once a hearing date is scheduled you will go before a Judge and provide testimony regarding you disabilities and how they affect your activities of daily living and your ability to work. It takes approximately 30-60 days to obtain a decision from the Judge. If you are denied benefits you have the opportunity to file an appeal to the Appeals Council.

The key aspect of filing for disability benefits is medical evidence. You should continue to treat with your physician and follow their recommendations. If you are unable to afford medical treatment seek treatment at your community health care center or a clinic in your area. Speak with your representative about any medical resources they can direct you too.

Obtaining disability benefits can be daunting, however, a representative can provide guidance and clarity to the process. Contact Rosemary G. Florence, Esq. at Florence & Associates with any questions you have regarding this process. 703-659-0841 (VA) or 336-510-8587 (NC) or email me at rflorence@florenceassociates.com