Legal Question in Disability Law in Virginia

I am 47,and have Cerebral Palsy from a birth defect and I am in a wheelchair. I am currently on SSI. Several years ago I was on SSDI and then afterwards worked off and on. A few years ago I applied for SSDI again and was examined by a Dr. While I was waiting for the SSDI decision I got a letter saying I was being placed on SSI.

According to Social Security law shouldn't I have been automatically approved for SSDI? When I got it the first time I applied on my own at about age 25. Should I apply for SSDI again or am I better off to leave it as is?


Asked on 8/12/11, 8:22 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

No one is "automatically approved for SSDI". You must have the required number of work quarters accumulated as well as the appropriate medical evaluation(s) that find you unfit for gainful employment for the long term.

As to whether you should now reapply for SSDI or remain on SSI, your local SS

office should be able to advise you on that matter.

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Answered on 8/20/11, 5:34 am


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