SOCIAL SECURITY: SSD AND SSI


The basic premise is that Social Security Disability (Title 2) and Supplemental Security Income (Title 16) benefits are for individuals younger than the Retirement Age (65 to 67 depending on when you were born) that are unable to work for 12 months or longer. You do not have to be off of work for a full 12 months when the Social Security Administration reviews your case so long as the anticipated duration of your disability will be at least 12 months.

To be eligible for SSD, an individual must have earned credits in 5 of the past 10 years (20 of the past 40 credits) immediately prior to the date he/she became "disabled" (Disability Onset Date). Before age 24, you need 6 credits in the 3 years prior to the DOD. Age 24-31: you must have credit for half the time between age 21 and your age

To be eligible for SSI, an individual, if single, cannot have greater than $2,000.00 in assets excluding a place to live and one vehicle.  If married, the assets of the family cannot exceed $3,000.00.

ROLE OF JEFFREY KIRSCHNER THROUGH THIS PROCESS
  • Review your matter during our initial interview process;
  • Prepare and file the initial application and, if the matter involves SSI, prepare you for your meeting at the SSA office;
  • Prepare and file the Disability Appeal;
  • Request all necessary records and provide medical experts with expertly crafted forms to complete;
  • Constantly review the status of your claim while it is pending with the Social Security Administration;
  • Constantly review the contents of the SSA’s file;
  • Within 30 days before the Hearing, meet with you solely for the purpose of preparing you for the Hearing;
  • Issuing a Memorandum to the Administrative Law Judge at least a week before the Hearing highlighting the strengths of the medical evidence and your anticipated testimony;
  • Appearing with you at the Hearing and assisting in all phases. This includes responding to and resolving all issues with the Judge, taking your testimony to make certain your ailments and limitations are fully explored and explained, and cross-examination of the vocational rehabilitation expert.
  • If unsuccessful, filing an Appeal with the Appeals Council

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Understanding SSD & SSI
Long Term Disability Law
Workers' Compensation Law