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Social Security Disability:  Some basic information

The Social Security disability program pays cash benefits and provides for Medicare insurance eligibility to those who qualify. The application procedure is detailed and unique to the Social Security program.

BASIC REQUIREMENTS
Social Security provides disability coverage for persons who are insured under the program and who cannot work because of impairments from severe disabling conditions. The Social Security rules are very specific about what is considered a disabling condition, and there are various rules about waiting periods, length of disability, medical examinations, and other issues.

APPLICATIONS, DENIALS, AND APPEALS
Applying for Social Security disability insurance requires a thorough presentation of medical and employment history, as well as identifying information. The application is made at the Social Security office, and must be supported by original and certified documents. The decision generally takes about 2 to 3 months.

It is widely believed that initial applications are denied in the majority of cases. In that event, the applicant must determine whether to appeal through the various steps within the system. At each point, there are deadlines and specific rules for getting the matter heard.

REPRESENTATION
Although the Social Security Administration does not require applicants to have professional assistance, it is best to engage the services of a professional at the earliest possible time--certainly as soon as an application is denied.

A professional representative can assist in determining what information is most important for the claim and gathering it for presentation to the fact-finder. A professional should also have experience in presenting the testimony and documentary evidence in trial-type proceedings.

Social Security will not recognize anyone as your representative until you have notified them of your selection. Once notified, Social Security will communicate with the representative about the matter, and permit the representative to obtain information about the claim, submit evidence and legal arguments, and contact Social Security about the claim and procedures.

In addition, in many cases Social Security will provide for payment of an attorney who represents you out of any payment for benefits due, up to a percentage of the past-due benefits. Social Security always reviews the fee and will approve only the amount which it finds legally-acceptable.

THIS IS ONLY AN INTRODUCTION
Each situation is different, and the Social Security disability rules are very detailed. It is important that your claim receive individual, professional, attention. Be sure to contact an experienced professional for assistance.

** ALWAYS HAVE AN ATTORNEY REPRESENT YOU IN THESE IMPORTANT AND COMPLEX MATTERS. **


GERALD HASSELBRINK, Attorney at Law
of the Minnesota Bar and United States District Court

INDEPENDENT, CONFIDENTIAL, LEGAL SERVICES
PRACTICING DISABILITY LAW AND PLANNIING


St. Cloud - St. Joseph, Minnesota
Phone (320) 251-0222 | (320) 363-0414

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PLEASE READ TO AVOID ANY MISUNDERSTANDING. Important Information About the Attorney-Client Relationship. We do not have an attorney-client relationship with you or anyone unless and until we agree to representation and receive a signed retainer agreement. The information on this web site should not be considered legal advice. By providing this information or responding to a request for information or a free consultation we do not intend to create an attorney-client relationship with you or anyone. Thus, any information we provide to you should not be considered legal advice and you should not rely on it as if it were. We urge you to contact an attorney directly and establish an attorney-client relationship.


Copyright 2009 Gerald Hasselbrink
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