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Social Security Disability Claim Denied?- Social Security Lawyer

Posted On : Sep-05-2011 | seen (457) times | Article Word Count : 486 |

Social Security Disability claims can be wrongfully denied-Deadline to request hearing-Get Help-Don’t take NO for an answer-Scranton social security lawyer
A sad reality exists that Social Security actually denies more claims initially than they approve. Filing a Social Security disability claim can be a frustrating process and one often feels as if they are stuck in the system with no forward progress in site. There is help available, so don’t give up!

Let’s take a look at the two main types of claims. In regards to a Title II claim, Social Security defines a disability as the inability to participate or engage in significant and gainful employment because of an injury or illness that has spanned more than one year or is at least expected to extend past one year, or that may result in death. The determinations used to see whether or not you qualify for SSDI are based on whether or not you are capable of doing your past job or any other job in which you have needed skills. Factors such as work history, age, education and skills that are transferable are also taken into account in determining eligibility in a Social Security disability claim. To receive SSDI benefits, a candidate must have worked the required minimum number of hours to earn enough credits to qualify. A credit is earned by the Social Security taxes that are deducted from your employment paychecks. As a general rule, you need to have worked five out of the past ten years to quality, but you will need to confirm this with your Social Security lawyer, who will answer all of your questions.

A Title XVI claim is a claim where you seek supplemental income. The program was designed for disabled individuals that have limited resources and income. It is also known as SSI and its purpose it to help disabled people with a limited income meet their basic needs. In order to prove eligibility under this title, you must first meet an asset and income test and they must both be below a certain number. In this type of claim your work record is not taken into account. Once again, your Social Security lawyer will review the income and asset levels with you and advise you on whether or not you qualify.

If your claim has been denied, there is an important deadline you need to be aware of. You have only 60 days to request a “Formal Hearing in front of an Administrative Law Judge”. During this hearing you will be able to present your case with the goal of gainingSocial Security Disability benefits. At this stage it is critical to have solid legal representation as there are many steps that should be taken to protect your rights. A social security lawyer has vast experience with these types of claims, and affords you your best chance of being approved. In most cases they handle all new applications, including appeals as well as hearings and you will not pay unless you win.

Article Source : http://www.articleseen.com/Article_Social Security Disability Claim Denied?- Social Security Lawyer_79768.aspx

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Keywords : social security disability, social security lawyer, social security attorney, Scranton social security lawyer, Scranton socia,

Category : Reference and Education : Legal

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