FAQ

SOCIAL SECURITY

Are there different disability programs?
The Social Security Administration (SSA) administers two programs:

  1. The Social Security Disability (SSD) insurance program or Title II. This program provides for payment of disability benefits to individuals who are “insured” under the Social Security Act by virtue of their contributions to the Social Security trust fund through the Social Security tax on their earnings, as well as to certain disabled dependents of insured individuals.
  2. The Supplemental Security Income (SSI) program or Title XVI. This program provides supplemental income payments to individuals (including children under the age of 18) who are disabled and have limited income and resources. This program does not require you to have been employed to qualify.

What is a disability?
The law defines disability as the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a period of at least 12 months. A child under the age of 18 will be considered disabled if he or she has a medically determinable physical or mental impairment or combination of impairments that causes marked and severe functional limitation, and that can be expected to cause death or that has lasted or can be expected to last for at least 12 months. You do not need to wait 12 months to file your claim.

What is a ‘Medically Determinable Impairment’?
An impairment that results from anatomical, physiological or psychological abnormalities which can be shown by medically acceptable clinical and laboratory diagnostic techniques. The impairment must be established by medical evidence consisting of signs, symptoms, and laboratory findings. Some examples are:

  • Respiratory System Disorders
  • Cardiovascular System Disorders
  • Digestive System Disorders 
  • Skin Disorders
  • Neurological Disorders
  • Mental Disorder
  • Immune Disorders
  • Orthopedic Issues


Is there an age requirement for Social Security benefits?
No. Disabled children are eligible for benefits depending on the income of their parents. 
 
What Is the appeal process?
When an application is denied, you have the right to appeal the decision. The first appeal is a reconsideration of the initial denial. The second appeal is processed by a hearing office within SSA’s Office of Disability Adjudication and Review and usually is heard before an administrative law judge. If another denial is received, you have the right to appeal to Social Security’s Appeals Council. Finally, you may appeal to the federal courts.

When Do Disability Benefits Start?
The law provides that disability benefits for workers and widows usually cannot begin for 5 months after the established onset of the disability. Therefore, Social Security disability benefits will be paid for the six full months after the date the disability began. The 5-month waiting period does not apply to individuals filing as children of workers.

PERSONAL INJURY

What to do when you are in a traffic accident:

  1. Call the police.
  2. Seek medical attention immediately.
  3. Exchange information with the other party, including the insurance carrier.
  4. Obtain the name, address and telephone numbers of any witnesses.
  5. If possible, take photographs at the scene of the accident: your vehicle, the other vehicles involved and your injuries.

Should I communicate with the other party’s insurance company?
No. You should contact Daniel J. Allen. Do not give a statement to an adjuster, do not sign anything from an insurance company, and do not accept a check without an attorney.

What can I receive compensation for?
As an accident victim, you may be able to get compensated for your medical bills, lost wages, car rentals, car repairs, and any pain and suffering you may have endured.

If you have additional questions we can help, please contact us.