Social Security disability benefits are often available to people who are suffering from medical problems which produce symptoms so severe that they can not sustain any type of work. The Social Security Act requires that the medical proof document the inability to work for a period that has lasted, or is expected to last, at least 12 months, or result in death. This is the basic requirement for the two disability programs - SSDI and SSI.

Social Security Disability Insurance (SSDI) benefits are available for those people who have worked and paid FICA taxes for a sufficient number of quarters, and who are suffering from medical impairments which make it impossible to sustain any type of work activity. Basically for SSDI you must have paid FICA taxes while working for ten years in your life, and for five of the ten years prior to the date that you became totally disabled. The requirements are adjusted for people who are less than 28 years-old.

SSDI benefits may also be available for disabled widows/widowers more than 50 years-old and who became totally disabled within 7 years of their spouse's death; and for persons who can prove that they became totally disabled before age 22 and who have a parent on SSDI or on the SS retirement program.

Supplemental Security Income (SSI) benefits are available for people who are totally disabled and who are "indigent." "Indigent" is based upon your assets and income and essentially means that you have no money coming into the household other than child support or TANF benefits for children, and for a single person, less than $3,000 in assets not counting your house and one car. The base SSI grant is reduced if you are living with someone who is paying the rent for you.

Any "medically determinable impairment" which makes it impossible for you to work for at least 12 months can qualify for disability benefits. Attorney Merryl Jones has successfully represented people with many different medical problems including Chronic Fatigue Syndrome, Fibromyalgia, Lupus, Reflex Sympathetic Dystrophy (RSD), Multiple Sclerosis (MS), Chronic Headaches, Depression, Hepatitis C, PTSD, Bi-Polar Disorder, Congestive Heart Failure, Asthma, Emphysema, Diabetes, Cancer, Huntington's Disease, Rheumatoid Arthritis, and other Chronic Pain Disorders.

The Social Security Administration (SSA) offers three ways for you to apply for Social Security disability benefits: by telephone, in person at a local Social Security office, or via the Internet. If you want to use the Internet to apply, go to www.socialsecurity.gov/applyfordisability/adult.htm. If you want to apply for SSA’s other disability program — Supplemental Security Income (SSI) — you cannot complete an SSI application online, but you can complete one of the necessary supporting documents, the Adult Disability and Work History Report, on the Internet.

If you want to complete an application for SSI or Social Security disability by telephone or in person, you must first telephone SSA at 1-800-772-1213. If you choose to go to a Social Security office to complete the application, the person at the 800 number above will schedule an appointment for you, give you directions to the Social Security office, and tell you what papers you need to bring along. If you want to apply by phone, you will be given a date and an approximate time to expect a phone call from someone at the Social Security office who will take your application over the phone. The application will then be mailed to you for your signature. You can also contact Attorney Merryl Jones for advice or assistance with filing your application.

Most claims are denied because the medical proof is not sufficient to prove that you are totally disabled. This could be because you are not seeing the proper specialists, because of inadequate medical records, because the doctor does not understand the legal requirements or because Social Security's reviewers misinterpreted the medical records. Social Security rarely denies you have a medical diagnosis, or that you are impaired, but does deny that you proved the legal requirement of being "totally disabled." Attorney Merryl Jones works with our clients' medical providers to make certain that the medical proof is as strong as possible.

The backlogs are serious at all levels of the application and review process. The severity of the backlog varies nationwide. While SSA is working on this problem it can easily take as long as 18 months to go from initial application to an Administrative Law Judge hearing.

The amount you receive on SSDI is based upon multiple factors including your work earnings, your FICA taxes, and the number of quarters you worked. It is a fairly complex formula. You should have received a Personal Earnings Statement in the last year which confirmed your yearly earnings and told you how much you would receive for retirement benefits and for disability benefits. If you have not received a PES you should contact Social Security and order one. You can do this at www.ssa.gov. When you receive it, check it carefully to make sure that the earnings are correct.

Medicare is the federal government's health insurance program and is available to people on retirement or on SSDI. If you are on SSDI you will become Medicare eligible on the 30th month after your onset date, that is, the date that Social Security says you became totally disabled.

Medicaid is the joint federal-state health insurance program which covers certain categories of people. One of those categories is the "totally disabled" so that when your SSI claim is approved you will be Medicaid eligible. SSDI beneficiaries may also be Medicaid eligible, however, Medicaid is based upon total family income and assets so you will need to check your State's guidelines.

SSDI benefits may be taxable depending on your total family taxable income. For example, a person filing as an "individual" with a combined income between $25,000 and $34,000 would have to pay income taxes on 50% of the SSDI benefits. If the combined income is more than $34,000 then 85% of the SSDI benefit is taxable. You should consult with an experienced tax expert when your claim is approved to make certain that you plan for any tax liabilities.

You don’t have to have a lawyer to file and pursue a claim for benefits. However, the Social Security Administration’s own statistics show that claimants who use a lawyer are far more successful in winning their claim than those who don’t.

When you initially file a claim for benefits, you will be required to fill out a number of forms. These forms are very important to your claim and will have a lot to do with determining whether or not you will win. It is very important that these forms are completed correctly. We encourage our clients to allow us to be involved in helping them fill out these initial forms.

It is also very important for you to understand that you have the burden of proof in presenting your claim for disability. It is not the Social Security Administration’s responsibility to prove your claim for you or to help you prove your claim. If there is insufficient evidence presented to prove your claim, you will lose your claim, whether or not you are actually disabled. An attorney who is familiar with the Social Security system and what it takes to win a disability claim can make a significant difference in winning your claim.

In fact, the United States Supreme Court determined that the aide of an attorney was so important to a person pursuing a claim for Social Security benefits, that it now requires all the judges to advise unrepresented claimants, during the hearting, that they have a much better chance of winning their claim with the aide of an attorney.

Attorney Merryl Jones works on a contingency fee basis - that means no money up front, no hourly fees. In most cases her fee is limited to the lesser of 25% of your back benefits up to a maximum of $6,000.00 in 2009. Her fee must be approved by Social Security and she files a fee agreement with SSA in every case.

Call, email or write to us. There is no fee for an initial phone consultation - our office telephone number is 1-254-776-3611; our toll free number is 1-800-749-3612. You can email to us from this website.