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FAQs
Frequently Asked Questions
What are Social Security Disability Insurance (SSDI) benefits?
Social Security Disability Insurance (SSDI), also referred to as the Title Two Program, is a payroll tax-funded, federal insurance program. A portion of the FICA taxes you pay are set aside for SSDI (as well as Social Security Retirement and Medicare). SSDI, is designed to provide you with income if you are unable to work due to a disability (physical or mental ailments) or until your condition improves, and guarantees income if your condition does not improve. Then once you meet your retirement age – 65 or older – you move from SSDI to Social Security retirement income.
How many different types of Social Security disability benefits are there?
There are at least five major types of Social Security disability benefits. Social Security Disability Insurance Benefits (SSDI) is the most important type of Social Security disability benefits. It goes to individuals who have worked in recent years (five out of the last 10 years in most cases) and are now disabled.
Supplemental Security Income (SSI) benefits, also referred to as the Title Sixteen Program, provides benefits for individuals with limited income and resources who are blind, disabled, or an elderly person (65 years of age or older); who have to meet certain resource and income criterion. Your work history is not a factor. Your financial need for benefits becomes the SSA guideline. The applicant must be, as in all disability cases, impaired and unable to work or perform age appropriate activities. This benefit is available to American citizens and as qualified applicants you are entitled to these benefits and should employ any and all resources to collect what rightfully is yours.
How do I qualify for SSDI?
In order to qualify for SSDI, you must have worked 5 out of the last 10 years and paid into the insurance program (payroll taxes). Additionally, you must have been disabled before reaching full-retirement age (65 - 67) and you must meet Social Security's definition of disablity.
What is the definition of "disability" used by Social Security?
Under the Social Security Act, "disability" means "inability to engage in any substantial gainful activity (employment) by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months."
How do I know if I qualify for benefits?
Completely fill and submit our Free Case Evaluation form for Social Security disability benefits to determine if you qualify.
How difficult is it to obtain Social Security disability benefits?
On average, the Social Security Administration (SSA) denies approximately 75% of all initial claims. Individuals who apply for benefits without representation are unfortunately much less likely to have their claims approved or wait longer for their appeal to be heard.
Why choose our advocacy services?
You can apply on your own. However, at Morning Star Disability Advocates, our disability representatives' unique knowledge of the Social Security disability process will enable you to collect a higher benefit amount in less time, which benefits you. Our services are easy to use, convenient, speedy, and overall increases your chances of winning by 40%. Our priority is to get you your benefits in record time.
How does the application process work and how long does it take?
Below we have outlined the application process so that you have a better understanding of how SSA functions within the disability application processes. The best, surest way to file a Social Security claim is to go to the nearest Social Security office in person and wait (often for a few hours) to see someone to file the claim in person. Alternatively, a person may contact Social Security by telephone and arrange for a telephone interview to file the claim or log on to Social Security's website and file the claim online.
It is best to review your case with a Morning Star Disability Advocates representative before you apply. This will allow the representative time to create a strategic approach to your case. We make every effort to reach the quickest resolution of your claim by obtaining key medical records and vocational information, as well as any other important evidence and findings; and submitting it to SSA in a timely manner. We will take all the necessary steps to help you obtain a decision in an expediant and sufficient manner.
Social Security Disability Process
1) Initial Application
One can start the disability application process by:
A) Going to your local Social Security Administration Office (also referred to as the District Office) B) Visiting www.SSA.gov or C) Calling Toll Free at (877) 610-5429 to speak to one of our representatives for further assistance.
Once the application has been properly filled and completed, it is sent to the Disability Determination Services (DDS).
2) Disability Determination Services (DDS)
After applying for Social Security, the Disability Determination Services appoints a disability examiner to evaluate your claim. The evaluation can range from 90 to 120 days or longer. If DDS requests that you complete additional paperwork or to see doctors, do it IMMEDIATELY or your application may be delayed. Once the decision has been made, you and/or your representative will receive a decision letter by mail.
3) Reconsideration Level If your initial application is denied our disability firm files an appeal for the reconsideration of your claim. Reconsideration forms must be filed within 60 days of denial.
4) Disability Determination Services (DDS)
After appealing the first denial, Disability Determination Services will appoint another disability examiner to reevaluate your claim. This evalutation can range from 90 to 120 days or longer. As previously mentioned, if DDS requests you to complete additional paperwork or to see doctors, do it IMMEDIATELY or your application can be delayed. Once the decision has been made, you and/or your representative will receive a decision letter by mail.
5) Request for an Appeal at the Administrative Law Judge Level
If you are denied at the Reconsideration level, our disability firm files your Request for Hearing before an Administratice Law Judge. This application must be completed within 60 days of the denial. We gather your medical records to help strengthen your case and represent you at the hearing. Our use of on-the-record decisions by which judges approve awards without having to physically come to the hearing will eliminate the need for disabled individuals to have to appear in-person. However, if a judge still requires a hearing, the senior representative briefs the claimant on the hearing procedures and appears with the claimant before the judge.
6) Staying on Top of Your Claim
We keep in constant contact with the Social Security Administration (SSA) and the Disability Determination Services (DDS) to make sure your claim is being handled efficiently and effectively. DO NOT GET DISCOURAGED if and when your claim is denied. We work diligently on your behalf to get you the benefits you deserve. If you are denied on any level we will reexamine your claim and carefully consider each and every disorder or limitation by preparing and presenting a thoroughly written argument to SSA.
How much benefits will I receive?
Determining the amount that one can receive can be complicated. Largely in part because the formula used to determine your benefit amount is based on your past earnings that have been subjected to FICA taxes. The current monthly maximum benefit for an individual is about $2000. The current monthly maximum for a family is about $3400. Use the online benefit calculator for details on how much you can expect to receive.
Is there a fee for retaining your consulting services?
No! There is no fee for our disability consultation services unless we win your case. If you don't win, you don't pay!
At the successful completion of your claim, we will present you with a bill for the fee amount as you agreed to in our Fee Agreement. We do require a development fee which we place in an escrow account and will be used to pay for copies of your medical records and any other case-related services required to prepare and develop your case. This fee will be explained to you during the time of consultation. We have payment options to suit your individual needs.
What does Social Security Disability Representation cost?
The SSA determines the fee that any organization, such as Morning Star Disability Advocates, Inc., or an attorney, can charge for SSDI representation. Currently, under the SSA's fee agreement approval process, it is 25 percent of the retroactive dollar amount awarded, not to exceed $5,300. Those who are approved quickly at the application level and receive no retroactive award typically pay much less.
Example: If you are awarded $1,000 monthly benefit and the award is retroactive 12 months ($1,000 x 12= $12,000), your fee would be $3,000 ($12,000 x .25).
Example: If your claim is caught in the SSA disability backlog and it takes 36 months to get your $1,000 monthly benefit, you representation fee would be capped at $5,300 on the $36,000 retroactive award rather than $9,000 ($36,000 x .25).
Morning Star Disability Advocates, Inc. does not charge a fee unless you are awarded benefits. If you don't win you don't pay! The fee charged for our Social Security Disability Representation Services is 25% of your retroactive dollar amount awarded, not to exceed $5,300; whichever is less.
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