The attorneys at The Carlo Law Group are experts in Federal Social Security Disability Cases (SSDI), Federal Supplemental Security Income Cases (SSI), and Subsequent Injuries Benefit Trust Fund Cases (SIF/SIBTF). Our attorneys are very experienced at securing benefits for clients that have had their Social Security Disability claims denied, and are skilled in the more complex areas of disability law such as the Subsequent Injuries Benefit Trust Fund (SIF/SIBTF). If you have been denied benefits, call us today at (408)292-2003 for a free and confidential consultation.
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Federal Social Security Disability Insurance Benefits (SSDI) are paid to disabled workers who have an insured status with Social Security. If you have been off of work for 12 months or if your disability is expected to last 12 months, then you may qualify for SSDI benefits. Your right to Federal Social Security Disability benefits is goverened by laws established by the United States Congress. Federal agencies and courts evaluate your entitlement to the disability benefits.
Federal Social Security Disability Benefits are intended to pay cash benefits to people who are unable to work for a year or more because of their disability. There are two types of benefits involved here. The first is Social Security Disability Insurance Benefits (SSDI). To qualify for these benefits, you must have worked and paid Social Security taxes. The second is Supplemental Security Income (SSI). SSI benefits are generally lower than SSDI benefits. However, unlike SSDI benefits, you may be entitled to SSI benefits even if you have never worked or paid social security taxes. These benefits are based upon financial need. In some cases you may be entitled to both SSDI and SSI benefits. You should generally apply for both. The benefits are intended to provide a continuing income to a disabled person and their family when they are unable to do so.
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The law provides that when a worker becomes disabled by having a severe mental or physical impairment which prevents the worker from any type of work and (a) has lasted for at least one year or (b) is expected to last for at least one year or (c) is expected to result in death, he or she may be eligible for Social Security Disability Benefits. It is important to understand that Social Security is based upon the inability to work. The system does not provide for partial disability. The disability benefits continue as long as the disability continues.
There are many factors which will be considered in determining your entitlement to the benefits. The severity of your physical or mental impairments, your age, your education, and your past work are all considered.
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In order to determine disabilty under Title II (disability) and Title XVI (SSI), the Social Security Administration will go through a five step sequential evaluation as follows:
1. Is the Claimant working and performing substantial gainful activity (SGA)
2. Does the Claimant have a severe impairment?
3. Does the Claimant have an impairment that meets or equals a listing?
4. Does the severity of the Claimant's impairments preclude the Claimant from performing their past relevant work?
5. Based upon the Claimant's residual functional capacity, can the Claimant perform other work, existing in significant numbers, in the regional or national economy?
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To apply for your Social Security Disability Benefits, please contact one of our staff. We will assist in scheduling your appointment with Social Security. Our staff will accompany you and attend your first meeting with the Social Security Administration. If you are denied benefits, we will request reconsideration of that denial on your behalf. If reconsideration is denied, then we will request a hearing before a Social Security Administrative Law Judge. There is no jury system for Social Security Benefits.
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| Social Security is your right to peace of mind |
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DISCLAIMER: The information presented on this web site is for general informational purposes only. Nothing contained in this site is considered legal advise nor the formation of an attorney/client relationship. You should speak to an attorney to address any specific questions about your particular legal matter.
All matters handled by The Carlo Law Group are confidential and protected by the Attorney Client Privilege.
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