HOW TO GET SSDI DISABILITY PAY

Most working Americans are covered by a federal program which insures them against disability prior to retirement age. These workers pay FICA tax out of each pay check. FICA stands for "Federal Insurance Contribution Act," which is the federal tax that funds Social Security and Medicare. Only workers pay this tax--thus only workers are covered.

The road to getting a monthly benefit approved can be long, frustrating and complicated. Here is the journey most disabled persons go through to get SSD (which stands for "Social Security Disability Insurance").

Step 1: You file a very complicated application and lot of forms, such as a Function Report, Work History Report and Disability Report. You could be asked to take a medical or psychological examination. The denial rate at this step is over 70 percent.

Step 2: Ask for "Reconsideration." This is the first part of your appeal. "Reconsideration" sends your denied application back to a state agency that denied the claim. They will "reconsider" it to see if they made a mistake. (Of course they didn't). At least 95 percent of claims will be denied again at "Reconsideration." You may see why I put the word "Reconsideration" inside quotation marks. This stage, though required, is a waste of time for most claimants. Do it anyway.

Step 3: File another appeal and ask for a hearing before an Administrative Law Judge (ALJ). This step is where most claims get finally settled, one way or the other. Your chance of winning your case before an ALJ is approximately 45 percent, though each case is different, of course.

From application to getting before a judge will take around 8 to 12 months. The good news is: if you are approved at the hearing, you may collect past due benefits for all the months you have been waiting and filing appeals.

I want to emphasize that your hearing is a LEGAL PROCEEDING. The burden of proof is on you, the claimant. You will not be approved unless you can prove your disability with objective medical evidence--according to the rules and regulations of the Social Security Administration. It is technical and it is complicated. You only get one hearing, so take your lawyer/advocate with you and try to present proof under the law. Going to a hearing unrepresented is asking for disaster.