If you are disabled and:

• You have not applied for benefits with the Social Security Administration, or
• You have already been denied benefits by the Social Security Administration

Read on for important information about your legal rights.

Legal Disability
  
Disability under Social Security is based on your inability to work.  To be considered disabled, you must be found unable to do any kind of work for which you are suited due to a medical condition which will last for at least one year.  Social Security will look at your medical condition, age, education, training and work experience to decide whether you are legally able to work.

Eligibility

To qualify for Social Security Disability Benefits (DIB), you must have worked long enough and recently enough at employment that is subject to Social Security withholding.  The number of work credits needed for disability benefits depends on your age when you became disabled.  The amount of benefits is determined by how much you earned when you worked.

SSI eligibility is limited by household income and resources.

More Information on Claims

• Starting your claim - You should apply at any Social Security office as soon as you become disabled.  You may file by phone, mail, or in person.  You may also file your claim online by clicking the link to the Social Security Administration website.  It will take from 90 to 120 days for your claim to be processed.  The toll free number to initiate a disability claim with the SSA is (800) 772-1213.
• If you are denied benefits - If your application is denied, you should contact your Social Security office and file for reconsideration within 60 days.  If you are denied at this point, you should request a hearing within 60 days of receipt of your reconsideration denial notice.
• You can have an Attorney represent you - You have the right to have an attorney represent you in your Social Security case.  If you choose to be represented by the law firm of Krause Earwood & Ward, P.C., an attorney will advise you and help protect your rights throughout the Social Security claims process.