Disability Lawyer Serving Rock Hill, SC
Unable to Work? A Disability Attorney Can Help
Social Security Disability
Get the Benefits You’re Entitled to Receive
Filing for Social Security Disability Benefits in SC
Often the question has been raised with me of when it is appropriate to file for Social Security Disability benefits and what the process entails. Social Security Disability is a federal program set up to assist workers who are no longer able to work a regular eight hour a day, five day a week job, and will be that way for at least a year. There are two types of claims that can be made:
- Under Title II, a worker has to have worked and paid into the Social Security system long enough to become insured in case he or she should become disabled. The benefits that will be received under Title II are similar to those that the worker would receive at age 66. Once a worker has worked enough time to be insured, the worker must become disabled within a certain period of time after he or she stops work, or his or her insurance coverage will run out and the worker will have to either go back to work to regain insured status, or wait until he or she reaches at least age 62 to get any benefits.
- Under Title XVI, there is no requirement for the worker to have worked and paid into the system long enough to become insured, but there is a need requirement. In other words, the worker must show that he or she has very little income and owns very little property. Spousal income counts as income when filing for XVI.
Under both Title II and Title XVI, the worker must be found to be disabled, and the disability must last for a period of at least a year. There are a number of factors that will be considered in determining if a worker is disabled, including age, education, and previous work experience.
What Happens if You’re Determined to be Disabled?
If a worker is determined to be disabled under Title II, there is a five-month waiting period from the date the worker became disabled to when benefits will start. There is no waiting period under Title XVI. You can apply for both Title II and Title XVI benefits, but often the benefits from Title II will cause a worker to no longer meet the need requirements under Title XVI.
If a worker wants to apply for benefits, he or she may go to the local Social Security office, or he or she may file online.
After a worker files, there are four levels of consideration:
- The Initial Stage
- Reconsideration
- A hearing by an Administrative Law Judge
- A review of the hearing decision
If benefits are not awarded at these stages, a worker can take the case into Federal Court, or start the claim over. At no point in the process (except Federal Court) does a worker have to have representation, but representation is allowed at any stage.
Hayes & Hayes, LLC provides representation in Social Security Disability cases, and will be glad to provide more detailed information upon request.
Take Action Sooner Rather Than Later
The longer you wait to file a disability claim, the more difficult it may be to prove your case. In most cases, filing sooner rather than later—even if you’re not sure how debilitating your injuries may be—works to your advantage. While each person’s circumstances are different, a Social Security Disability attorney will be able to advise you on what’s best for your individual situation.
