Disability Process

The disability process is extremely technical, complicated and filled with pitfalls, boobytraps, and trick questions designed to make applicants appear less impaired than they are. There is a lot of misinformation out there and even with highly experienced counsel the process can takes years. Before beginning the process, you should consult with an experienced attorney that can tell you what your rights are and help you obtain the best result for you.

Common problems:

Question:

I became disabled many years ago but didn’t pursue benefits because I didn’t know they were available.

Now I’m past my window of eligibility for SSDI. What do I do?

Answer:

This is not a problem. The law states that if we can prove with medical records that your disability began during your eligibility window for SSDI even if that window has now closed and even if it’s many years later, we can still file a claim and force the court to evaluate the evidence from that period.

My office has had many successful cases where we obtained SSDI benefits for people whose SSDI period ended years ago.

Question: I was disabled as a child but didn’t get approved before my 18th birthday.  Am I only eligible for SSI?

Answer: No you may be eligible for a better program called “Adult Disabled Child’s Benefits.”

Qualified adults with impairments that began prior to the age of 22 can inherit their parents Social Security Benefits.

The process for filing these applications is very technical and there are very strict and specific rules for it.

For a free consultation please contact my office.

Question: I am a veteran on Service Connected VA Benefits.

Am I still eligible for SSDI?

Answer: It depends on your work record and when your impairments began. The interplay between VA benefits and Social Security Disability is one of the most politically hot topics in Washington.

Veterans often face unnecessary barriers in the Social Security Disability process because certain political factions view it as “double dipping” when veterans receive both SSDI and VA Service Connected Pension.

Bottom line if you paid into both systems and you are disabled you are eligible for both programs.

My office has had dozens of successful VA cases where we obtained benefits for veterans who received both SSDI and VA Service Connected Benefits.

Question: I’m on SSI but I would like to try to work part time. Can I do this without losing my benefits?

Answer: It is possible but there are very specific rules about it and if they are not followed exactly, you could lose your SSI benefits and wind up owing the back the money you received.

For a free consultation contact my office.

Question: I was a stay-at-home mom and homemaker and my spouse died. Under what circumstances can I obtain Disabled Widow’s Benefits?

Answer: Disabled Widow’s benefits are available to a disabled individual who is over 50 years of age and who’s spouse died within the preceding 7 years, while eligible for SSDI.