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Social Security

There are two kinds of Social Security Disability. If you have paid in sufficient benefits, you can draw disability benefits on your own account, basically drawing your retirement benefits early because you can no longer work. The claimant must prove to the Social Security Administration that she or he is completely and totally disabled and there are no jobs in the national economy that the claimant can perform. If you not paid in sufficient benefits to draw $790 per month, then you can draw on your benefit record and also draw the difference between your monthly benefit and the Federal Floor benefits for SSI (Supplemental Security Income) of $790. If you do not have enough benefits paid in or it has been too long since you have worked, then you can draw SSI benefits up to $790 per month.

The process begins by you filing an application with the Social Security Administration. You can begin this process by calling SSA at (1-800-72-1213). SSA will normally make you an appointment to meet with a case specialist at one of the local offices.

They will assist you with your application. When you file a request for benefits you will assert an onset date that you became disabled. In a disability case you may draw up to one year before your application date, if you are currently eligible for disability benefits. In an SSI case your benefits, if you are successful, it will start at the application date. Typically a Disability Attorney will contract with you on a contingent fee basis for 25% of your past due benefits which will be paid directly to the attorney. If your case is not successful there is no fee.

In most cases SSA will deny your initial application. You have 60 days to appeal.


Social Security Disability Law is governed by statute and Social Security Regulations and the Policy and Procedures Manual. The standards you have to meet are complex. The medical standard is the same for Disability and SSI.

A good Social Security Lawyer is familiar with the medical and legal standards and how to present your case to SSA. Once you are denied you have 60 days to file an appeal. Sometimes there are two appeals, first a Request for Reconsideration and if that is denied then a Request for a Hearing before an Administrative Law Judge from SSA. Sometimes, depending on Social Security, the Appeal goes straight to a Request for a Hearing.

A Disability Lawyer will be able to do this electronically over the internet and save you time and trouble of waiting in l0ng lines at SSA. A Disability Lawyer will collect your medical records and electronically transmit them to SSA to bolster your case. There are many Disability mills who handle cases all over the Country. Joseph Elder is not one of those. Through the Disability mills you may meet your lawyer the day of your hearing before an Administrative Law Judge from the Social Security Administration. At Joseph Elder’s office you will meet personally with him on numerous occasions. Typically he will meet with you a dozen times or more during the course of representation and he will know your case on a personal basis. He will not be someone with a file calling out your name in the SSA waiting room who had never met you before the Hearing. Prior to the hearing Joe Elder will file with Court a pre hearing memorandum which will go through your file (electronically available to your representative to down load from SSA’s website) page by page and refer the ALJ to portions of the record which support your case.

Joseph Elder has been practicing Disability law since 1978 and knows all the local SSA Judges and has won many cases over the years. Typically if you are an Elder client you have been referred to him by a family member or a friend who Elder has done work for. The best advertising you can have is not on the side of sues, but from successful clients.

Consultations are free. However, since you have to appeal within 60 days don’t delay- call today. If you are about out of time, Elder will take the time to immediately meet with you to appeal your case. Call today at (502) 587-8444. You must have your denial letter with you when you come to his office, and he will normally ask for a list of your medical providers.


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