Osterhout Special Needs Law

Osterhout Special Needs Law

If you can not work since of an injury or disease, you might be qualified for Social Security Impairment Insurance. Impairment Insurance is based upon Social Security taxes paid by you and your employer(s) for many years. To be eligible you need to have worked often sufficient and recently enough. If your partner is deceased and you are at least 50 years disabled and old, you might be qualified for widow's or widower's advantages under your spouse's work record.

The reconsideration level examiner will certainly be unlikely to effectively reverse the choice of the previous examiner unless a) the second examiner finds that the first examiner made a clear mistake or b) strong new proof is brought into the case.

At the hearing level, where the decision is made by a federal judge, the probabilities shift substantially in the plaintiff's favor offered the case is supported by strong proof (consisting of one or more statements gotten from the plaintiff's treating physician, or doctors) which a logical theory of the case has actually been advanced to the judge.

A request for reconsideration is made by getting in touch with the exact same Social Security office where the disability application was initiated. The appeal must be requested within 60 days of the date of the rejection.

Claimants who are already represented by a disability attorney (my sources) or non-attorney special needs rep ought to still contact their representative's office to ensure that both parties have actually gotten the notice of denial, so that the appeal will certainly be submitted in a timely way and the appeal duration will not lapse.

Note: Reconsideration appeals are currently suspended in the state of Pennsylvania. Guesswork holds that the reconsideration appeal might return; however, presently, individuals who have actually been rejected on a special needs application might right away submit a demand for an impairment hearing.

Level III: Demand for Hearing before an Administrative Law Judge - The impairment hearing is the second Socialappeal offered to claimants in Pennsylvania and might be asked for just after a reconsideration appeal has actually been rejected.

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