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Social Security Disability Claims Fact Sheet

From how to file a claim, to decoding the “waiting period,”

The Strom Law Firm LLC’s social security disability attorneys answer common client questions.  If your question is not below, contact us today for the answers you are looking for. We offer free consultations to help get you on the right path.

Social Security Card

How do I file a social security disability claim?

Social security disability attorneys at Strom Law Firm will prepare and submit a disability benefits application on your behalf if you’re eligible. We offer this service at no charge to our clients to help them avoid rejection of benefits due to human error or incomplete submissions.

To apply yourself, call the Social Security Administration Office at 1-800-772-1213. They will set a date for a telephone conference to obtain details about your application. You may also visit the Social Security disability website to file your initial application.

When should I file my disability claim?

There is no reason to wait to file if you are confident that your condition will keep you out of work for at least one year.

How do I know if I need a lawyer?

If your social security disability claim is denied, you will receive a form letter from the Social Security Administration. However, it is a good idea to seek legal services when your application is denied. The next step is called “filing for reconsideration” and you can do it on your own, but a lawyer with experience in social security disability will be able to guide you through your case.

If you file for reconsideration and your claim is rejected again, the next recourse is to ask for a hearing with an Administrative Law Judge. It’s not recommended to handle this step alone.

Do I have to be permanently disabled to get Social Security disability benefits?

No. You must be disabled for at least a year, or be expected to be disabled for at least a year, or have a condition that can be expected to result in death.

My doctor says I am disabled, so why is Social Security denying my Social Security disability claim?

Your doctor’s medical opinion or medical statement is not binding on the Social Security Administration. Doctors’ statements that you are “totally and permanently disabled” do not help very much.

You need an assessment of your functional limitations from your medical doctor that establishes how much standing and lifting you can do, how well you are able to concentrate, as well as your ability to get along with others.

Will it make a difference if I ask my Congressional Representative for help?

Many Social Security disability claimants become frustrated with claim delays and eventually ask their U.S. Representatives or Senator to help.

Your local Congressional office typically will have staffers who are experienced with Social Security procedures and personnel. A “Congressional Inquiry,” as it is called at Social Security, may help get a stalled process moving again.

However, please note that the inquiry will have no impact on how the Social Security Administration decides the case.

My claim is not approved. How do I get help with medical bills?

Unfortunately, you have to wait until after you are awarded social security disability benefits to be eligible for Medicare or Medicaid. After you are awarded benefits, Supplement Security Income claimants will receive Medicaid benefits applied retroactively to the date of filing.

If you receive Social Security benefits, you are eligible for Medicare the third year after you are eligible for a monthly check.

How do I speed up or check on the status of my Social Security disability claim?

It depends upon how you applied for social security. If you applied online you should have received a PIN number that will enable you to check the Social Security Administration Website to see what is going on with your case.

If you did not apply for Social Security benefits online, you can try calling 1-800-772-1213.   Press contact us to speak with someone who should be able to help you determine the status of your case.

What does a five-month “waiting period” on disability claims mean?

The Social Security Administration will not approve claims until a person has been disabled for five consecutive months. This rule is to help prevent paying claims to those individuals who do not have a long-term disability. The SSA begins paying benefits on the sixth month after the date of disability. Claimants cannot recoup any benefits in the waiting period.

Contact a lawyer at the Strom Law Firm

We understand that being denied your Social Security disability benefits can leave you with mounting medical bills, lost wages and lost assets, creating a difficult financial situation for you and your family. Strom disability lawyers have the experience and legal resources necessary to appeal your denied disability claim before the government and win the benefits you’ve earned.

Founded in 1995 by Pete Strom, former U.S. State Attorney, our team includes a former Assistant Attorney General and Richland County Assistant Solicitor as well as a former Public Defender. Strom is awarded the highest Martindale-Hubble ranking and collectively holds more than 50 years of complex litigation experience.

The mission of the Strom Law Firm, LLC. is to provide effective, aggressive, and compassionate legal services to persons with disabilities seeking benefits from the Social Security Administration (SSA). We believe that by providing ethical representation within the framework of these government disability programs, we can successfully advocate for our clients.

If you can’t work and you need benefits, we invite you to contact our Social Security disability attorney today. We can help.

Call to speak with a South Carolina disability attorney (888-490-2847) about your claim or denied benefits. You may also reach us by completing the confidential case evaluation form at the top right of this page.

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