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If you are "disabled" and unable to work, you may be entitled to social security benefits. The Social Security Administration defines disability as "an inability to perform any gainful employment for a year or longer due to severe physical or mental impairment(s)". However, you do not have to be out of work for a year before you file your claim. If your doctor believes that you will be out of work for at least twelve months, you should file a claim immediately.

Who is eligible?

As a general rule, Social Security Disability Insurance (SSDI) benefits are only available to people who have worked long enough to "become insured" under the program. Generally, persons over the age of thirty-one must have worked at least five out of the ten years before they became disabled to be insured for SSDI benefits. You can call your local Social Security Office to ask if you are eligible.

How do I file a Claim?

You can file a claim over the phone, on line, or in person. William M. Dunn believes it is best for you to go to your local Social Security office, with your birth certificate, and allow the Clerk to help you fill out the necessary forms. For a list of local offices, go to http://s00dace.ssa.gov/pro/fol/fol-home.html

What happens after I file my forms?

Once the claim is filed, don't be surprised if your claim is denied. Nearly 70% of all claims are denied during this initial stage. At this point, you should bring a list of all of your medical providers and their addresses to William M. Dunn and let him assist you in filing a Request for Reconsideration. DO NOT WAIT…YOUR REQUEST MUST BE FILED WITHIN SIXTY (60) DAYS OF THE DENIAL. Unfortunately, 90% or all Reconsiderations are also denied, and then Mr. Dunn will file an appeal, and request a Hearing to be held in front of a Judge.

· The statistics on this page were taken from the Trial Reporter, Fall 1998; Social Security Disability Claims: A Primer, published by the Maryland Trial Lawyers Association.

© 2003-2004 Klemkowski, Klemkowski & Dunn, P.A.