Off The Record – Social Security Disability – What is SSDI?
Hi. My name is Craig Rosasco, managing partner at the law firm of Turley, Redmond and Rosasco. How you’re doing today? We’re gonna be discussing Social Security Disability and the eligibility requirements entitling you to get your social security early.
So essentially what is Social Security Disability? The Social Security Administration calls it SSDI, and that pays monetary benefits to you and/or certain family members if you meet certain criteria.
What is the criteria that you need to meet? You need to show that you’ve been injured, and that you have a disabling condition. And you also need to show that you’ve been insured. How does one become insured? In order to become insured, you have to earn a certain amount of credits over a certain amount of time period. Typically, it’s 40 credits. Those 40 credits are earned by deducting payments from your weekly paycheck through Medicare and FICA, okay?
Once you’ve earned the prerequisite amount of credits and you become disabled, you can then make an application for Social Security Disability benefits. That’s what we do here at the law firm of Turley, Redmond and Rosasco. We apply for Social Security Disability benefits. We get your medical records. We submit the application, and we move forward with that type of information. Certain things also come into consideration as to whether or not you’re entitled. If you continue to work and you make over $1,310 per month, you’re not eligible for Social Security Disability.
Similarly, if you have returned to work within 12 months of going out of work, that would also make you ineligible. There also is a list of disabling disabilities that would make you automatically eligible for Social Security Disability. If you could show that you are unable to perform substantial gainful activities, the Social Security Administration will award you Social Security Disability benefits.
Once that determination comes down, typically you get an initial determination. That’s within 6 to 10 months of your application. We hope it’s favorable. A lot of times it depends upon your age, your work activities, your supervisory levels, your education, those types of things all come into play. If you are denied, you have 60 days to appeal such a determination. And there are four different levels of appeals. We handle all four so you’re in good shape.
The first one is what’s called a Reconsideration. That’s where we write to the Social Security Administration with additional documentation. And we say, “Please, reconsider Joe’s application of Social Security Disability.” If we are not successful at that level, we then request a hearing before administrative law judge. Then we present additional medical documentation. If that administrative law judge then denies the claim. There are two additional options. You could go before the Social Security Appeals Council. And if that should fail, you still have Federal District Court as a remedy of appellate procedure in the future.
So that’s what entails and involves Social Security Disability. If you are out of work, and you’re under age 62, and you’d like to collect your social security early, and you have a good earnings record, you’ve paid into the system. Take advantage of this program. It’s for your benefit.
Call an attorney like myself. My name is Craig Rosasco, once again. I can be reached at 516-308-2013, and I’ll take care of it for you like I’ve been doing the last 25 years. Talk to you soon.