Social Security Disability Questions
Answered by SSDI & SSI Attorneys
Social Security Disability Questions
- What is Social Security Disability Insurance (SSD or SSDI)?
- Who can apply for these benefits?
- How do I apply for Social Security Disability?
- How does the Social Security Administration determine whether I am disabled?
- How do I qualify for Social Security Disability?
- What can I do if I am not approved for Social Security benefits and I believe I am disabled?
- How long can I receive Social Security Disability?
How Social Security Disability works with other benefit programs
- Can I receive benefits from both Social Security and other sources of income? Examples of other sources include Work comp, Unemployment, Long-Term Disability, Pension plans, Public assistance, or Social Security Retirement.
Legal Representation
What are Social Security Disability (SSD) and Supplemental Security Income (SSI)?
Social Security Disability Insurance (SSD or SSDI) is a part of the Federal Social Security Act. It includes several programs that provide disability payments and other benefits to disabled workers and their families. Benefits are often referred to as Social Security Disability Insurance Benefits.
People who have never worked, or who have not paid into the Social Security system for the past five (5) years, may qualify for Supplemental Security Income (SSI). Disabled children may also qualify for SSI benefits.
SSD & SSI benefits may consist of cash payments and medical coverage. Benefits depend on your financial situation and whether you qualify under the appropriate Social Security Administration regulations.
Who can apply for benefits?
You can apply for benefits if you are disabled and cannot work. However, certain qualifications exist for each type of Social Security benefit program. You must check to see if you qualify.
How do I apply for SSD or SSI benefits?
- You can contact the Social Security Administration at 1-800-772-1213 .
- You can make an appointment to file an application at your local Social Security District Office.
How does the Social Security Administration determine whether I am disabled?
Disability, as determined by the Social Security Administration (SSA), is based on your inability to work. The SSA considers you to be disabled under Social Security rules if you cannot do work that you did before and if the SSA determines that you cannot adjust to other work because of your medical condition(s). Your disability must also last, or be expected to last, for at least one year or be expected to result in death.
The Social Security Administration reviews medical reports and records provided by your treating physician(s) and/or other medical providers.
Other areas of evaluation include:
- Your own average monthly earnings. You can work part-time and still qualify for SSD or SSI benefits; however, your own gross monthly income cannot exceed approximately $830. (as of January 2005)
- The severity of your condition. Your impairments must interfere with basic work-related activities for your claim to be considered.
- Your vocational background. A variety of areas that pertain to the type of work you have done during the last 15 years are looked at to see if you are able to perform any other type of job.
- Your age
- Your education
The Social Security Administration evaluates this information and applies it to their criteria in order to make a determination as to whether you are considered to be disabled.
How do I qualify for Social Security Disability or Supplemental Security Income benefits?
-
To receive Social Security Disability benefits, a disabled
worker must be "insured". Insured means that the worker must have an
earnings record. In other words, the worker must have worked long
enough - and recently enough - and you must have paid into the Social
Security system to qualify for Disability benefits.
In some circumstances, a third party may also make a claim on the disabled worker's earnings record. For example, when a person dies, certain members of the family may be eligible for survivors benefits if the deceased worked, paid Social Security taxes, and earned enough credits. - To receive Supplemental Security Income benefits, a disabled person may qualify as long as their income and assets are below a certain level. This level is determined by the Social Security Administration.
To find out if you qualify for these benefits under Social Security regulations, you can contact the Social Security Administration at 1-800-772-1213 or you can contact your local Social Security district office.
What can I do if I am not approved for Social Security benefits and I believe I am disabled?
There are several levels of determination for Social Security Disability benefits. You have 60 days to appeal a denial to reach the next level of determination. If you fail to appeal a denial, you may reapply for Social Security disability or Supplemental Security Income.
Please keep in mind that 'appealing' and 'reapplying' are not the same thing. Reapplying will mean that you have to start the process over again.
How long can I receive Social Security Disability or Supplemental Security Income?
If you are approved for Social Security Disability or Supplemental Security Income, it is seen as a permanent life-long benefit. However, there are a few circumstances where your benefits could be terminated. These circumstances may include:
- Engaging in "Substantial Gainful Activity" (SGA). The Social Security Administration uses this term to determine if any activity - including working or attending school full-time - is substantial enough to make a person ineligible for benefits. Examples of activities that may disqualify you for benefits are:
- going back to work full-time
- going back to work part-time and earn over approximately $830 gross per month (as of January 2005)
- attending college or business/trade school full-time
- If the Social Security Administration reviews your case and feels your condition has improved, they may terminated your benefits. Periodically (perhaps every 5 years), the Social Security Administration will review cases. When your case is reviewed, they check to make sure that you still have disabling impairments; are still in treatment; and are compliant with treatment and medication.
- Becoming incarcerated or institutionalized against your will for over 30 days. During this time, you are inelgible for benefits.
If your benefits are terminated, you have the right to file an appeal within 60 days. You have 10 days in which to appeal in order to continue receiving your checks while the appeal is pending. If you are unsuccessful with your appeal but received checks while the case was pending, you will be required to pay back the money you received while the case was pending.
Can I receive benefits from both Social Security and other sources of income?
In addition to Social Security Disability or Supplemental Security Income benefits, an injured person may or may not be eligible to collect other benefits based on their qualifications. (Examples of other sources include Work comp, Unemployment, Long-Term Disability, Pension plans, Public assistance, or Social Security Retirement.)
Since each person's situation is unique, you should contact the Social Security Administration at 1-800-772-1213.
Do I need a lawyer to represent me in my Social Security Disability or Supplemental Security Income claim?
Representation by a lawyer is not required to pursue a Social Security Disability or Supplemental Security Income claim. However, because of the various deadlines and other technical requirements for the application and appeals process, a lawyer may be beneficial in helping you if your Social Security Disability claim is denied.
Hiring an experienced law firm as your advocate during the appeals process could mean the difference in whether you ultimately collect Social Security Disability benefits or not.
How are legal fees paid?
You pay legal fees only if our lawyer is successful in getting your Social Security Disability or Supplemental Security Income benefits. The fees to the lawyer are paid from the retroactive benefits paid to you. Retroactive benefits begin from the point you are first eligible for benefits to the date your claim was approved.
Legal fees are set by the Social Security Administration and are generally based on a percentage of your retroactive benefits up to a maximum dollar amount.
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