Social Security Disability Claims (Including Railroad Retirement)

If you suffer from an injury or illness which prevents you from working, then you may qualify for certain disability benefits.  Although some individuals may be eligible for private disability benefits through their employer, most people are potentially eligible for benefits administered through the Social Security Administration (SSA).  Specifically, the SSA is responsible for administering the Social Security Disability Insurance program (SSDI), which provides benefits to qualified individuals who are disabled. There are numerous provisions that must be satisfied in order to qualify for SSDI benefits, including but not limited to being eligible for such benefits based on past work experience and being medically determined to be unable to engage in any “substantial gainful activity” for a period of at least 12 months.  Applying for SSDI benefits begins with the completion of a series of forms, which can be obtained online at the SSA.gov website or at your local Social Security Field Office. More information on SSDI benefits and the application process can be obtained at the SSA.gov website or your local Social Security Office.

Many individuals receive SSDI benefits based on their initial application, but if the initial application is denied, then the denial may be appealed for reconsideration.  If you are not awarded benefits based upon your initial application or upon reconsideration, then your claim will be scheduled for a hearing before an Administrative Law Judge (ALJ).  While the initial application and reconsideration process are based primarily on medical records and other documentation of your condition, a hearing before an Administrative Law Judge will include live testimony.  If your claim is denied by the Administrative Law Judge, then there are further options for appeal to the Appeals Council and eventually through the federal court system.

If you have made a claim for Social Security benefits and have been denied, especially if you have reached the point of being scheduled for a hearing before an Administrative Law Judge, then you should seek legal advice immediately. The law firm of Wilson, Updike & Nicely has been representing individuals in their claims for Social Security benefits for many years. In addition to claims before the Social Security Administration, our firm has also represents individuals in claims before the Railroad Retirement Board, which is a process similar to that of the SSDI claims discussed above.

If you need legal advice regarding your disability claim, please contact us for a free consultation.