Social Security Disability FAQs

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Q: Is age an important factor in a Social Security Disability claim?

A: The age of a claimant is very important under the Social Security regulations in the process of determining whether disability benefits are payable.

For instance, it may be easier to obtain Social Security benefits for a 55-year-old person with a physical impairment than a 35-year-old person with the same physical impairment. This is because Social Security regulations recognize that older individuals have, in addition to physical impairments, certain vocational obstacles to gainful employment.

Q: What are Social Security Disability benefits?

A: Social Security benefits are available to a disabled person who has paid into the Social Security system through taxes and include monthly payments and Medicare coverage.

For individuals who have not paid into the system and are not, therefore, "insured" for Social Security Disability benefits may receive another type of benefit called Supplemental Security Income benefits, or "SSI" that pays a lower monthly benefit to the claimant and typically provides Medicaid coverage.

Q. If I am turned down by the Social Security Administration what is my next step in enforcing my rights?

A: After the initial denial of benefits a claimant has 60 days to appeal the decision to an administrative law judge hearing at which he or she can present testimony and medical and other documentary evidence of the disability.

After an administrative law judge's decision, the claimant has 60 days within which to further appeal his case to the Appeals Council of the Social Security Administration. If the Appeals Council continues the denial of benefits, the next step for the claimant is an appeal to the United States Federal District Court. All of these steps on appeal should be handled by experienced legal counsel.

To reach Ryan & Ryan Attorneys at Law, call 888-SEE-RYAN (888-733-7926) or send an email through this website.