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How to Claim Disability Benefits

Thursday, January 6th, 2011

Claiming Social Security Disability benefits from the Social Security Administration is a multi-step process. Patience and tenacity is name of the game. Social Security Disability Insurance or SSDI is available to workers who have been determined disabled by the Social Security Administration and have worked and contributed employment taxes to the Social Security Trust Fund. Disabled claimants who have not paid employment taxes and who have limited income and resources may qualify for Supplemental Security Income or SSI benefits.

How do you claim your disability benefits?

  1. Determine if you are disabled. Do you have a disabling mental or physical impairment which is so severe that you are unable to work for at least 12 months or is the condition expected to eventually cause your death? The Social Security Administration (SSA) will determine if they think you are disabled based on criteria they have established. In general, the SSA must determine you are unable to work your current job and do not have enough residual functional work capacity to be retrained for any other type of employment. Claimants may qualify if they have one severe condition or several conditions which together make it impossible to continue to work. Claimants applying for Social Security Disability Insurance must have earned enough work credits to qualify. The amount of credit needed will vary by age. Claimants do not have to wait 12 months to apply for SSI or SSDI benefits.
  2. Apply for Social Security Disability benefits. This can be done online by visiting the Social Security Administration website at http://www.ssa.gov/disability or visiting the nearest Social Security Administration office. Claimants may also call the Social Security Administration at 1-800-772-1213 to schedule an in-person or telephone interview. Applicants must bring the following to their Social Security Disability appointments:
    • Copies of all work history information for the past 15 years
    • Copies of your most recent W-2 forms
    • All medical information including: doctors, hospitals, and clinics names, phone numbers and addresses
    • Social Security Number
    • Birth certificate
    • Dependent information
  3. Complete the Social Security Disability application and all necessary forms. Forms must be completed which give the Social Security Administration permission to gather medical records from all the medical facilities and doctors you have visited which have relevant information about your impairments. You must provide the names and addresses of all the medical providers and the dates you received service.
  4. Outline the reasons you are unable to work. You must give information for jobs you have worked in the past 15 years. Information provided will include: the job description, hours worked and the physical and mental requirements for each job.
  5. The Social Security Administration gathers medical documentation from your medical providers. Claimants often wonder why it takes so long for the Social Security Administration to make a decision about a claimant’s disability. Reasons vary, but the main one is the length of time it takes for hospitals and doctors to send medical records to the SSA.  The Social Security Disability examiner can not make a disability determination until they have receive all of your medical records.

Questions Always Asked at a Social Security Disability Hearing

Wednesday, December 29th, 2010

You may be nervous about your Social Security Disability hearing. What type of questions will the Administrative Law judge ask? Who will be there? What happens if you say something wrong or do not know the answers the disability questions?

The good news is the Social Security Disability hearing is not the type of hearing we have all seen on television. There is not a defense attorney present, and the Social Security Disability claimant will not have to sit in front of a crowded courtroom with hundreds of spectators looking on.

The Social Security Disability hearing is generally held in a small room at a county courthouse or another predetermined location. The attendees generally include the claimant’s Social Security Disability lawyer, the Administrative Law Judge, a vocational expert and possibly a medical expert.

Social Security Disability Hearings can last from fifteen minutes to one hour and are very informal. The claimant should dress in normal everyday attire. The Social Security Disability hearing is tape recorded, and the claimant and all of the other witnesses are answering their questions under oath.

Every Administrative Law Judges has their own method of conducting the Social Security Disability hearing. Some Administrative Law Judges prefer to ask all of the questions themselves, while others rely heavily on the claimant’s Social Security Disability attorney to ask the questions.

If your Social Security Disability lawyer is responsible for asking the questions this is good news for you. Hopefully, prior to the hearing, you have met or spoken with your SSD lawyer and discussed the rules and procedures for the disability hearing. You Social Security Disability lawyer should also review all possible questions with you, specifically the questions which are asked at every Social Security Disability hearing.

Questions which will always be asked, either by the attending Administration Law Judge or your Social Security Disability lawyer, include:

  • What is your full legal name?
  • What is your social security number?
  • What is your mailing address?
  • How tall are? How much do you weigh?
  • What is you highest level of education?
  • Have you received any vocational or educational training after high school?

The Administrative Law Judge will also need to know if you meet the most basic criteria for disability benefits which include the inability to work at a substantial gainful level. Questions which will generally be asked about your ability to work can include:

  • Are you currently working?
  • If so, how many hours per week and how much do you make per month?
  • Have you had any unsuccessful work attempts?
  • If you had unsuccessful work attempts how long did you attempt to work and why did you finally have to leave your job?

The Administrative Law Judge does not have a specific amount of time to render their disability decision in fact, they may take as long as they “deem necessary”. They are encouraged to make the Social Security Disability decision as soon as possible, but it could still take six to 12 weeks due to the backlog at many Social Security Disability hearing offices across the United States.

The good news is that many Administrative Law Judges can make a disability decision right away because they do not have to wait months to receive medical documentation (unlike the Disability Determinations Office), and the medical development of the case and evidence for the claim have already be gathered and evaluated.

If you are scheduled to attend a Social Security Disability hearing, it is important to contact a Social Security Disability lawyer as soon as possible. Some Administrative Law Judges will not hear a case if a claimant is not represented either by legal counsel or by a non-attorney representative who understands the Social Security Disability hearing process and can argue the Social Security Disability claimant’s case.

How can I avoid delays in my SSD case?

Thursday, December 23rd, 2010

If you are disabled and unable to work you have probably applied for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). Now it is time for you to wait. One of the most common Social Security Disability questions asked by a claimant is- how long do I have to wait to receive my disability benefits and what can I do to expedite the processing of my Social Security Disability claim?

First, it is important to understand why the process to evaluate Social Security Disability claims takes so long. The Social Security Administration receives thousands of disability claims each year, and they are generally understaffed to process every claim quickly. Most of the delay in processing time however, is due to the length of time it takes for the Disability Determinations Services Office to request and receive medical records from the claimant’s medical sources.

The Social Security Administration may wait weeks or months to receive medical documents, and it may take several more weeks to evaluate the medical information and make their disability determination. What happens if the claimant fails to provide detailed or accurate information about the medical treatment they have received? What happens if the Disability Determination examiner decides they do not have adequate information to make a disability claim?

If the medical records supplied by the medical sources are insufficient the disability examiner will require the claimant to visit a Consultative Examiner or CE. The Consultative Examiner is not a government employee, and they are supposed to provide an objective analysis about the claimant’s mental or physical health condition.

If the claimant fails to provide accurate contact information for their medical records the Social Security Administration will have to spend additional time contacting the claimant or the medical information requested may be incomplete.

This leads us to the questions posed earlier. What is the most important thing a claimant can do to expedite their Social Security Disability claim?

1.      Make sure you are not working at a substantial gainful activity level. If you are working too many hours or at a “substantial” level your claim will be automatically denied.

2.      Make sure you have a disabling health condition which is expected to last at least 12 months or result in your death. Social Security Disability benefits are not given for partial or short-term disabilities.

3.      Talk to a Social Security Disability lawyer who can give you advice on whether or not you have a valid Social Security Disability claim and what information should be included in your Social Security Disability application.

4.      Seek medical care. Even if you can not afford to see a doctor regularly it is important to get some type of medical care and begin building your Social Security Disability case. Medical care may be provided at free health clinics or a small outpatient clinic. Begin building a rapport with your doctor and talking to them about your Social Security Disability claim.

5.      Review your medical records. You have the legal ability to request copies of your medical records. Many claimants are surprised by what is and is not included in their file. Hundreds of Social Security Disability claimants have files which contain medical records which are illegible. Your Social Security Disability lawyer can not present a solid Social Security Disability case if they can not read your medical records. This is something that could be evaluated and corrected early in your medical care.

If you can not work and you have a severe mental or physical health condition, do not wait to file your Social Security Disability claim. Although the condition must be severe and be expected to last 12 months, you do not have to wait 12 months to file your claim. Contact a Social Security Disability lawyer today for more information.

Social Security Disability Forms

Thursday, December 16th, 2010
Modern Social Security card.
Image via Wikipedia

If you are trying to file for Social Security Disability benefits you can call the Social Security Administration to set up a telephone or in-person interview, or you can complete the application process on-line. The Social Security Administration recommends completing the Adult Disability checklist to ensure you have all the information your need to complete the application.

The Social Security Administration provides all Social Security Disability forms for free. If you have questions or can not find the information you need you can contact the Social Security Administration at 1-800-772-1213 (TTY 1-800-325-0778). The Social Security Administration is also available to help you complete the forms.

For many claimants the following Social Security Disability Forms will need to be completed. All forms are not applicable for every Social Security Disability claimant. Each form serves a specific purpose and provides the Social Security Administration with pertinent information they need to make your disability decision.

Many of the Social Security Disability forms must be filled out by the Social Security Disability claimant. Some claimants hope to hire a Social Security Disability lawyer and have them complete all of the forms, but in most cases, the Social Security Disability application process is so time-consuming and tedious most Social Security Disability lawyers simply do not have the time to complete the application forms for each of their clients. Social Security Disability lawyers do, however, help with Social Security Disability appeal paperwork such as filing the Social Security Disability reconsideration forms or the hearing request forms.

How much does a Social Security Disability Lawyer make?

Wednesday, December 15th, 2010

Social Security Disability lawyer’s salary will vary based on the number of Social Security Disability cases they handle each year. Some Social Security Disability attorneys can make a substantial amount of money, but what you are most likely interested in is how much money you will have to pay them to accept and win your Social Security Disability case.

It is important to understand that Social Security Disability lawyers work on a contingency fee basis and will not be paid by their clients unless they win the case. Most Social Security Disability lawyers will not take Social Security Disability cases they do not think they have a chance to win.

The Federal government has capped the amount of money that the disability lawyer can win and periodically updates this amount. In 2010 the maximum allowed is 25% of a Social Security Disability claimant’s back pay or a maximum of $6,000 per case. Do all disability claimants have back pay? Most disability claimants will have a certain amount of back pay due to the length of time it takes the Social Security Administration to process Social Security Disability claims.

The fee charged by the Social Security Disability lawyer may not be the only costs for accepting a disability claim. There may be additional “processing fees” which can include any out of pocket expenses the disability attorney incurs. One of the most common expenses is for requesting medical records for the claimant. Almost all medical sources will charge for reprinting a claimant’s medical records. This cost may be incurred by the attorney who will try to recoup it from their disability claimant. Disability lawyers may also charge their clients costs to travel to and from the Social Security Disability Administrative hearing. If you are unsure about what a Social Security Disability lawyer may charge it is important to finalize these details before signing the fee agreement.

Before deciding whether or not to hire a Social Security Disability lawyer you need to consider not only the cost of hiring them, but also what benefit a Social Security Disability attorney may offer. The real question is not cost, but can you win your Social Security Disability claim without hiring an attorney.

The Social Security Disability process can take a long time, and the Social Security Administration will need detailed medical information from you. Most claimants are denied at both the initial application level and the Reconsideration level which means they eventually will have to attend a disability hearing and plead their case to an Administrative Law Judge. Are you ready to plead your claim? Do you understand the Social Security Disability hearing procedures? Have you reviewed your medical records? Are you sure your medical records provide evidence that you are unable to perform substantial gainful activity?

If you have answered ‘no’ to any of these questions, you are not ready to argue your Social Security Disability claim before an Administrative Law Judge. It is time to contact a Social Security Disability lawyer for help.

Social Security Disability Medical Determination

Tuesday, November 23rd, 2010

When a claimant submits their Social Security Disability application it is initially processed through a network of local Social Security Administration field offices. These agencies are also known as disability determination Services or DDS. The Federal government administers two separate Social Security Disability programs called Social Security Disability Insurance (SSDI) or Supplement Security Income (SSI).  Supplemental Security Income or Social Security Disability Insurance applications can be completed online, over the phone or through a personal interview at a local Social Security Administration field office.

Each Social Security Disability field office verifies all non-medical eligibility requirements which will vary for each of the federally administered disability programs. After non-medical eligibility is verified, Disability Determination examiners are responsible for obtaining medical evidence for each claimant from their medical sources. The DDS reviews the evidence and determines if it is sufficient to make a disability determination, if it is not, the Disability examiner will send the claimant to a Consultative Examiner or CE for an examination to gather additional medical information.

After all medical evidence is gathered for the claimant, the DDS examiner will make their decision for disability. After the disability decision is made the DDS examiner sends the Social Security Disability case back to the Social Security Administration field office for further processing. If a claim is approved, the Social Security Administration field office will calculate the benefit payment, send the Social Security Disability claimant notification of the date and amount of SSDI or SSI benefits and begin paying the Social Security Disability Insurance or Supplemental Security Income payment. Claimants who are denied benefits will receive a denial notice and they will have 60 days from the date of the denial letter to request a reconsideration of the disability decision. The reconsideration is the first step in the Social Security Administration’s appeal’s process. Social Security Disability claimants who are denied a second time can appeal their SSDI or SSI denial by filing for a Social Security Disability hearing.

Making the Disability Determination Decision

The DDS examiners make their disability determination using what the SSA refers to as the sequential evaluation process. The sequential evaluation process is as follows:

1.     Is the claimant engaged in substantial gainful activity? Work must be both substantial and gainful. Gainful is generally determined by a claimant’s earnings. If a Social Security Disability claimant is self-employed and working at a loss, the SSA may still consider their work gainful. Work is also considered without regard to legality.

2.     Is the claimant’s severe? This may not be difficult to prove, in fact, virtually any reduction in functional capacity may meet this requirement. The combined effect of multiple conditions can also be considered. Conditions must also be expected to last for at least 12 months or result in death.

3.     Does the claimant’s mental or physical condition meet the Social Security Administration’s List of Impairments? If it does the SSA does not consider a claimant’s functional ability to work.

4.     Can the claimant perform past relevant work? The Social Security Administration will review the claimant’s past 15 years of relevant work and determine if the claimant can perform the job with the lightest exertion level. Claimants who can perform any past job will be denied SSDI or SSI benefits. The Social Security Administration will evaluate all jobs as they are ordinarily done even if the claimant’s past job required a greater level of exertion and the claimant could not do their own particular job.

5.     Can the Claimant perform other work? If a claimant can perform another job which exists in significant numbers in the national economy given their residual mental or physical work capacity, age, education or work history, they will be considered not disabled.

If you have a mental or physical health condition and you are not able to work, you may be determined disabled if you have a medical impairment which meets a listing on the SSA List of Impairments. If your condition is not on the Social Security Administration’s List of impairments you may still be awarded Social Security Disability benefits if you do not have sufficient mental or physical residual functional capacity to perform work.

What Can I Get in Social Security Disability Back Pay?

Wednesday, November 17th, 2010

Social Security or SS back pay is paid to claimants who are approved for disability benefits but have waited a long time for their disability decision. How much will you receive in SS back pay? Social Security Disability payment amounts vary based on the type of disability benefits awarded, the date your disability began (also called your onset date) and the date you filed your Social Security Disability Insurance or Supplemental Security Income application.

Supplemental Security Income (SSI) is awarded to claimants who are disabled, blind or aged and have limited income and resources. Claimants awarded Supplemental Security Income benefits may receive back pay retroactively back to the date they filed their Supplemental Security Income application. Does it matter how long you have actually been disabled? No, regardless of when you became disabled, if you are applying for Supplemental Security Income, you will only receive back pay to your application date. It is very important to file your SSI application as soon as you are disabled and unable to work.

Social Security Disability Insurance (SSDI) is paid to workers who become disabled with a severe mental or physical health condition which is expected to last at least 12 months and does not allow the claimant to be engaged in substantial gainful activity. SSDI claimants are eligible to receive benefits from their onset date (established from their medical records) after a five month waiting period. Additionally, back pay for SSDI will not be paid more than 12 months before the claimant’s SSDI application date. Claimants who are disabled and unable to work with a severe mental or physical health condition should not wait to file their SSDI application. If the claimant’s condition is expected to last at least 12 months, the claimant should file right away. In some cases, waiting too long to file for SSDI will make a claimant ineligible (if they file after their date last insured or DLI).

How much back pay will you receive? The basic Supplemental Security Income amount for 2010 is the same nationwide. It is $674 for one person or $1,011 for a couple. Some states add additional money to the federal SSI payment amount. Some claimants may also have some money subtracted depending on where and with whom they live. SSI back pay is paid in 3 installments which are sent 6 months apart. This is done to help claimants remain under the resource and income thresholds.

Social Security Disability Insurance payments are made in one lump sum payment. If a claimant hired a Social Security Disability lawyer, they are paid their percentage prior to the Social Security Administration releasing the money to the claimant.

So how much can you get in SS back pay? It will depend on several factors such as your application date, the onset date of your disability and the type of disability you are eligible to receive. For questions concerning the exact amount you can receive contact the Social Security Administration.

Can you speed up a Social Security Disability Hearing Decision?

Monday, November 15th, 2010

If you want to have the request for your Social Security Disability hearing expedited there may be a few things you can do such as request a congressional inquiry from a senator or congressman – which only a few claimants will successfully be able to do- or prove you are in “dire need” for an expedited hearing. The bottom line is most Social Security Disability claimants will be unable to speed up their Social Security Disability hearing because there are thousands of Social Security Disability hearings which have been requested, and there are a limited number of Administrative Law Judges available to hear the cases.

So if you can not speed up a Social Security Disability hearing, is there anything you can do to expedite the processing of your Social Security Disability claim? Thankfully, there are many things you can do to help the Social Security Administration process your claim or award you Social Security Disability benefits as soon as possible, at the lowest level possible.

  1. Respond to all requests from the Social Security Administration as soon as you receive them. Failure to respond to calls or letters extends the amount of time needed to process your SSD claim. Continued failure to answer the Social Security Administration’s requests for information may result in the dismissal of your Social Security Disability claim for failure to cooperate.
  2. Attend all Social Security Disability consultative exams. Reschedule an exam as soon as possible if you are unable to attend.
  3. File all Social Security Appeals as soon as you receive your Social Security Disability denial letter. Claimants have 60 days to appeal denial decisions, but if you wait the full 60 days every time you are denied, you can substantially delay the processing time.
  4. If the Administrative Law Judge has ordered a Social Security Disability file left open because they lack medical records, you can expedite the process by going and physically getting the medical records from the appropriate medical sources. This may or may not be practical, depending on the situation, but regardless, be involved and proactive with your Social Security Disability claim.
  5. Get consistent medical care from your doctor and ask him to provide documentation about how your mental or physical health condition limits your ability to work. If you have the right documentation, prior to applying for Social Security Disability, you may be able to avoid a consultative exam.
  6. Hire a Social Security Disability lawyer. Disability lawyers or non-attorney representatives understand the Social Security Disability process. A large attorney’s office may process hundreds of disability claims each year. A Social Security Disability lawyer can help you avoid common mistakes and help you complete the appropriate tasks right the first time.

Why does it take so long to get a disability decision? There are a lot of reasons including: inefficiencies in the Social Security processes, the large number or claimants who apply for disability benefits and the lack of Social Security Administration workers available to process Social Security Disability claims. Gathering medical records is one of the greatest challenges for the Social Security Administration. If you can proactively ensure the disability examiner has everything they need to make a disability decision for your claim, you can substantially decrease the time it will take to make a disability decision.

Proving a Social Security Disability Case

Wednesday, November 10th, 2010

Claimants are often surprised that they may not be entitled to their Social Security Disability benefits even if they have contributed thousands of dollars in employment taxes over the course of their career. To receive Social Security Disability benefits it is up to you, the claimant, to prove your disabling mental or physical health condition is so severe that you are unable to work and your condition must is expected to last at least 12 months.

How can you prove you are truly disabled and unable to work? It is not easy. You must have a medically recognized condition which is supported by medical records from a valid medical source. Although alternative medicine may have grown in popularity and acceptance, the Social Security Administration does not give much credibility to diagnosis from holistic medical doctors.

Your medical records must also prove that your condition is permanent or at least expected to last 12 months and is so severe that you do not have the ability to perform substantial gainful activity. The Social Security Administration will review your mental or physical health condition to determine how it affects your daily life. If you have a mental disorder the SSA will review your social functioning, concentration, persistence and daily activities. If you are unable to live independently, maintain personal hygiene, or have a record of violence or hostility at work with frequent hospitalizations, this could be evidence of a severe mental health condition.

The most important way to prove your mental or physical health condition is to seek consistent medical care and get supporting documentation. Documentation can include: evidence of examination, XRAYS, MRIs, hospitalizations and other tests which outline your condition. Doctor’s statements of disability which document your residual functional capacity and your limitations to perform work can also be valuable evidence of disability.

Social Security Disability benefits may be denied, regardless of the severity of the condition, if the condition is not expected to last at least 12 months. Social Security Disability Insurance will also be denied if you have not worked long enough and contributed enough in taxes to qualify for Social Security Disability Insurance. Contact the Social Security Administration for more information if you are unsure of whether or not you qualify for benefits.

Social Security Disability lawyers have experience proving claimants are disabled. If you are unsure of whether or not you qualify for Social Security Disability benefits, contact a Social Security Disability lawyer for help. The Social Security Administration maintains a list of medical impairments which will automatically qualify claimants for benefits. You may, however, be able to receive Social Security Disability benefits if the Social Security Administration determines you have very little residual functional capacity to work due to your age, work experience or educational level.

Is it difficult to prove you are disabled and win a Social Security Disability claim? It can be, but good medical documentation and a professional Social Security Disability attorney can help.

How Does the Social Security Administration Figure Your Payment Amount?

Friday, November 5th, 2010

Social Security Disability Insurance Benefits

One of the most common questions claimants ask is “how much money can I expect to make”? The amount of disability a claimant is entitled to make for their Social Security Disability Insurance (SSDI) amount will be different than other claimant’s amounts because it is based on the claimant’s lifetime average earning which were covered by Social Security. The amount awarded will also be adjusted each year to account for cost of living changes. Some years the amount will not change.

The Social Security Disability Insurance payments may also be reduced if the claimant is receiving benefits from Workers’ Compensation due to a work related injury or from other disability programs. Other resource and income will not affect the Social Security Disability Insurance payment amount.

Supplemental Security Income Benefits

The Social Security Administration will calculate a Social Security Disability claimant’s Supplemental Security Income payment on the amount of the claimant’s countable income, the claimant’s living arrangements (if another person is providing food and shelter) and the state where the claimant resides.

The basic rate paid for Supplemental Security Income (SSI) is called the Federal Benefit Rate which is $674 per month for an eligible individual and $1,011 per month for an eligible couple (for 2010).  The Federal government may choose to adjust the Federal Benefit Rate each year. How does the state where the claimant resides affect their Supplemental Security Income payment? Some states choose to add what is called a state supplement onto the Federal Benefit Rate. The amount the state chooses to add and the requirements to qualify for the state supplement may vary by state.

How do you calculate your own Supplemental Security Income amount? First you take your Federal Benefit Rate, add your state supplement and subtract your countable income.  What is income? It can be anything you have received during the month which you can use to buy food, clothing or shelter. Sometimes you may also receive what the SSA calls “in-kind” income which is in the form of food, clothing or shelter, rather than cash.  The Social Security Administration has listed the following as income:

  • Wages from a job, whether in cash or another form
  • Net earnings from a business if the claimant is self-employed
  • The value of food or shelter that someone gives to the claimant, or the amount of money someone gives to them to help them pay for food or shelter
  • Department of Veterans Affairs benefits
  • Railroad retirement and railroad unemployment benefits
  • Annuities, pensions from any government or private source, workers’ compensation, unemployment insurance benefits, black lung benefits and Social Security benefits
  • Prizes, settlements and awards, including court ordered awards
  • Proceeds of life insurance policies
  • Gifts and contributions
  • Support and alimony payments
  • Inheritances in cash or property
  • Interest earned, including interest on savings, checking and other accounts
  • Rental income
  • Strike pay and other benefits from unions

Not all income, however, is counted. Students may also have an earned income exclusion for Supplemental Security Income. These earnings are not counted against their benefits if the student is attending school, college or university. The maximum amount allowed for students in 2010 is $1,640 per month up to a maximum of $6,600. Additionally, according to the Social Security Administration the following is not considered income when calculating a claimant’s Supplemental Security Income benefit amount:

  • Medical care and services;
  • Social services
  • Money from the sale, exchange or replacement of things a claimant owns
  • Most types of interest and dividend income
  • Income tax refunds
  • Earned Income Tax Credit payments
  • Payments made by life or disability insurance on charge accounts or other credit accounts
  • Proceeds of a loan
  • Bills paid by someone else for things other than food, clothing or shelter
  • Replacement of lost or stolen income
  • Weatherization assistance

As you can see, calculating Social Security Disability Insurance or Supplemental Security Income benefits may be complicated. Contact the Social Security Administration or a Social Security Disability lawyer who can answer your questions and determine if you can qualify for SSDI or SSI benefits.





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