The United States Social Security Administration (SSA) offers several programs to support retired individuals, as well as citizens who suffer from a disability or terminal illness. One such program is the Social Security Disability Insurance (SSDI).
SSDI provides assistance to individuals who meet specific physical or mental disability requirements. Moreover, it extends support to the immediate family members of Social Security beneficiaries according to SSA regulations. However, to avail of the benefits offered by SSDI, it is crucial to understand and meet various requirements. Among the 2,728 rules of the program, the most significant and often overlooked one is the 5-Year Rule.
The 5-Year Rule for SSDI: How It Affects Your Disability Benefits
This rule is named after the period it covers for individuals who are older than 31. It mandates that they must have worked for at least five out of the ten years preceding the time they became disabled. Additionally, they should have earned at least 20 credits during their work period for their payments to the SSA.
What steps should a person take if their SSDI claim is denied?
If your SSDI claim is denied, there are several steps you can take to appeal the decision and fight for the benefits you deserve:
Request a Reconsideration
- If the SSA denies your initial application, they will send you a letter explaining the reasons for the denial.
- You have the right to request a reconsideration, where they will review your entire file again.
- A reconsideration is a complete review of your claim by someone who did not take part in the first determination.
- The SSA will look at all the evidence used in the first determination, plus any new evidence that you submit.
Request a Hearing by an Administrative Law Judge
- If your application is denied after the reconsideration, you can file an appeal and request a hearing.
- An administrative law judge (ALJ) will decide your case. A hearing will occur where you and your witnesses will testify and submit evidence proving your disability.
- The ALJ will review all the evidence in your case, including any new evidence submitted.
Submit Additional Medical Evidence
- Adding more medical evidence can boost your claim.
- Request your doctor to fill out an RFC form and provide extra support for your disability.
- More evidence about your condition and limitations strengthens your case.
Hire an Experienced Social Security Disability Lawyer
- A Social Security disability lawyer is key in the appeals process.
- They gather medical evidence, prepare you for the hearing, and build your case.
- Legal help greatly boosts your chances of overturning a denial and getting benefits.
