Massachusetts Social Security Disability Lawyers Blog
According to a recent article from GoUpstate.com, Social Security Disability Insurance (SSDI) benefits are a lifeline to those who are too young to retire, but can no longer able to work due to an injury or illness. The article takes a look at what happens when you work for a living for many years and that hard work takes a real toll on your body and you can no longer work and earn an income.
There are some that suffer a muscle and skeletal breakdown for many years of working. Others will become sick with an acute illness, such as cancer or organ failure, have a stroke, or be in a car accident. While there are possibly lawsuits that can be filed and workers’ compensation, you may eventually be out of options and need help to make ends meet.
As the article discusses, if you have private retirement, such an individual retirement arrangement (IRA) or a 401(k) through an employer, that might be an obvious place to look, but raiding your retirement might help in the future, but hurt in the long run, so it may be best to look elsewhere.
One of these programs is the Social Security Disability Income program. Anyone who has worked for a number of years and paid FICA in addition to their income, which is basically everyone, has paid into the SSDI system and earned what are known as quarterly credits. If you are disabled and have earned enough quarterly credits, then you will qualify for Social Security Disability Income benefits. The exact number of quarterly credits you need to earn depends on your age at the onset of disability.
As our Boston disability attorneys can explain, this is basically a formula, and if you have worked enough, there is generally nothing the U.S. Social Security Administration (SSA) can do to deny you based upon this reason. However, proving you are disabled is a much more complicated matter, and, for that reason, you should speak with an experienced disability attorney as early in the process as possible.
The SSA will typically reject your first application by finding that you are not disabled. This is generally not a decision actually based upon the merits, but a means to save money in the budget by paying out as little as possible. If your first application is denied, you will have sixty days plus the date of the denial letter to file for reconsideration. This is done by filling out a form and attaching any new evidence you may have. However, this request for reconsideration will also likely be denied, since it is reviewed on a peer review level. This means that a person who denied your application in the first place will be the person reviewing your written request for reconsideration. It is not hard to imagine how this request for reconsideration will likely go.
However, at this point, you can request a hearing before an administrative law judge (ALJ), who will hold what is known as an evidentiary hearing and determine if you should be awarded benefits. This is where it is very helpful to have an attorney representing you.
If you or a loved one is seeking Social Security Disability Insurance in Boston, call for a free and confidential appointment at (617) 777-7777.
Additional Resources:
Money Talk: When bad health hits, look to this financial tool, November 26, 2016, GoUpstate.com
More Blog Entries:
Worker Taxed Thousands for Social Security Disability Benefits He Never Received, June 21, 2016, Boston SSDI Lawyer Blog