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If my medical condition keeps me from working will I get Social Security disability ?Certainly, one criteria of Social Security disability eligibility is that you must be unable to work. However, the simple fact that a person is not working or has not worked for some time does not guarantee that they will be medically allowed for Social Security or SSI disability. An applicant must go through the Social Security disability medical determination process to determine if their condition or conditions meet the disability medical criteria set by Social Security. What might be involved in this disability application process? Well, first you must file a disability claim with Social Security. Your claim will be sent to a state disability agency for an initial medical decision (this is where the case is assigned to a disability claims examiner) where your medical, work, and educational information will be gathered to make your disability decision. You may be denied, however you may appeal your claim. The first appeal is known as a request for reconsideration and it must be requested within 60 days of the date of a disability claim denial. The reconsideration is handled almost identically to the initial disability application. And, usually, the decison on a reconsideration is received sooner than on an application. However, most reconsideration appeals are denied also. Claimants who are denied on a reconsideration, of course, can submit the second appeal which is a request for hearing before an administrative law judge. This is the level at which most claimants who have been initially denied will be successful in winning benefits, often with the help of an attorney. For more information on: Social Security Disability and SSI Disability.
A few words about Elder Law
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