Social Security

Social Security Disability Claims 

Social Security Disability Insurance (SSDI) is government provided disability insurance which you pay for through your payroll deductions. In general, a person must have worked 5 out of the last 10 years to be insured for benefits and be able to prove their disability. A considered disability is a severe mental or physical impairment that prevents a person from having gainful employment for at least 12 months. Anyone who qualifies for monetary Social Security disability benefits can also receive the government-issued health insurance called Medicare. Contact Cabranes Durkin & Longdin today for a free consultation.

Time Period for Claims

Disability claims can be made for an “open” or “closed” period of time. A “closed period” claim is for a person that was off work for a minimum of 12 months, but has since recovered from a serious illness or accident and is once again capable of working. That person can claim to receive benefits for that past period of time. An “open period” claim is for an existing disability for which your benefits will continue as long as your disability continues.

The SSDI Process

The first step in applying for Social Security disability benefits is to file the initial application with your local Social Security Office. If the initial application is denied, you have a right to appeal the denial. The “Request for Reconsideration" must be filed within sixty days of the initial denial letter. If this appeal is denied, you then have sixty days to request a hearing before an Administrative Law Judge in Milwaukee. If you fail to follow through on these actions within the time allotted, you will have to file a new initial application and start the entire process over from the beginning.

Our experienced attorneys can guide you through this process, gather the necessary documentation, and help you to avoid making any costly or time-consuming mistakes along the way.

Note - Attorney fees in SSDI claims are limited by statute.