What types of Social Security Benefits are there?
What does SSA mean by Disability?
How does SSA determine disability?
How can I tell if I am disabled enough to apply for social security disability benefits?
How many work credits do I need to apply for DIB?
Who can get Child's benefits?
How do I apply for Social Security Disability or SSI benefits?
Do I need a lawyer to help me apply for Social Security Disability or SSI benefits?
What if my claim is denied?
How do I appeal?
What happens if I am denied benefits and I do not appeal within 60 days?
What is the biggest mistake people make when trying to get disability benefits?
Should I gather medical records and send them to SSA?
When should I contact you about representing me?
If you agree to represent me do I call the 800 number for SSA with questions?
How much do you charge?
How long will it take to get my claim approved?
How can I speed up my claim?
How do I know what to apply for?
The Social Security Administration (SSA) administers two disability programs. The medical definition of disability is the same for both programs; for example, an individual must be unable, "To engage in any substantial gainful activity (work) by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months." Children (applying for SSI benefits) must have an impairment which results in marked and severe functional limitations. The two programs are as follows:SSDI is an Insurance Program for those who have worked and paid social security taxes and are now totally disabled due to illness or injury. It is financed through payroll taxes that are paid by workers and employers. As you work and pay taxes you are given "credits" which determine how long you are insured for. If you become disabled during your insured period, you are eligible for SSDI. If you have questions regarding your eligibility you should contact your local Social Security District Office. Eligibility for these disability benefits is based on an individual's work history and the amount of the benefit is based on the individual's earnings or family unit.
Supplemental Security Income, or SSI, is available to those who are totally disabled and whose income and assets fall within certain limits. No previous work history is required for SSI. In some cases, children can obtain SSI benefits. SSI is financed through general revenues of the US treasury. Eligibility is based on financial need, and the amount of monthly payment varies based on the total income of the individual or family unit. It pays monthly benefits to people who are age 65 or older, or blind, or have a disability and who don't own much or have a lot of income. SSI isn't just for adults. Monthly benefits can go to disabled and blind children, too. People who get SSI usually get Food Stamps and Medicaid too. Medicaid helps pay doctor and hospital bills.
For either SSDI or SSI, you must be able to prove that you can no longer perform your former job or any other type of work due to your disability. Your condition must also be expected to last 12 months or longer. Social Security Benefits are based upon your inability to work. There are no programs available for partial or short term disability.
What types of Social Security Benefits are there?
There are five major categories of benefits paid for through your Social Security Taxes: Retirement, Disability, Family Benefits, Survivors, and Medicare.Benefits are payable at full retirement age (with reduced benefits available as early as age 62) for anyone with enough Social Security Credits.
Benefits are payable at any age to people who have enough Social Security Credits and who have a severe physical or mental impairment that is expected to prevent them from doing "substantial" work for a year or more or who have a condition that is expected to result in death.
If you are eligible for retirement or disability benefits, other members of your family might receive benefits, too. These include: Your spouse if he or she is at least 62 years old or under 62 but caring for a child under age 16; and your children if they are unmarried and under age 18, under 19 but still in school, or 18 or older but disabled. If you are divorced your ex-spouse could be eligible for benefits on your record.
When you die, certain members or your family may be eligible for benefits if you earned enough social security credits while you were working. The family members include: A widow(er) age 60 or older, 50 or older if disabled or any age if caring for a child under age 16; your children if they are unmarried and under age 18, under 19 but still in school, or 18 or older but disabled, and your parents if you were their primary means of support.
There are two parts to Medicare: Hospital insurance (sometimes called "Part A") And Medical Insurance (Sometimes called "Part B"). Generally people who are over age 65 and getting social security automatically qualify for Medicare. So do people who have been getting disability benefits for two years.
What does SSA mean by Disability?
It is important that you understand how Social Security defines "disability." That's because other programs have different definitions for disability. Some programs pay for partial disability or short-term disability. Social Security does not.
Disability under Social Security is based on your inability to work. You will be considered disabled if you cannot do work you did before and SSA decides that you cannot adjust to other work because of your medical condition(s). Your disability also must last or be expected to last for at least a year or to result in death.
This is a strict definition of disability. The program assumes that working families have access to other resources to provide support during periods of short term disabilities, including workers' compensation, insurance, savings and investments.
You should be familiar with the process SSA uses to determine if you are disabled. It's a step by step process involving five questions. They are: SSA makes it easier to be found disabled as you get older. It becomes easier for a few people at age 45, for more people at age 50, and for most people at age 55 and even more people at age 60. If you're over age 55 and you cannot do any job you have done in the last 15 years you should definitely apply. If you're over age 50 and have a severe impairment that keeps you from doing all but the easiest jobs, you ought to apply.
The number of work credits you need for disability benefits depends on your age when you became disabled. Generally you need 20 credits earned in the last 10 years ending with the year you became disabled. However, younger workers may qualify with fewer credits. SSI is not based on your work history, but financial need.
The child can be the worker's biological child, adopted child, or stepchild. (The child also could be a dependent grandchild). To get benefits, a child must:
The SSA makes this part very easy and, in fact, it usually will not let a lawyer (or anyone else) sign the application for you.
If your claim is denied or you disagree with any part of SSA's decision you may appeal the decision. You have 60 days from the time you receive SSA's letter to file an appeal.
If you go to the office be sure to take your denial letter. Your denial letter will tell you about appealing. After the first denial you must file a "reconsideration." You will request the reconsideration and then, after the reconsideration is denied you must request a hearing within 60 days.
You will have to start over with a new application - and may lose some back benefits, so it is important to appeal all denials within 60 days.
SSA will gather medical records. Just be sure to give them complete names and correct addresses of any doctors you have seen and any hospitals where you have been treated.
After you have received your second denial and are appealing for a hearing before an Administrative Law Judge.
No, please call my office and we will answer all questions about your claim.
The usual fee is 25% (One-quarter) of back benefits, up to $5,300.00. This is a "Contingent Fee," a fee paid only if the claim is approved. The fee is one-fourth of those benefits that build up by the time you are found disabled and benefits are paid. Although the usual fee will not normally exceed $5,300.00, if we have to appeal after the first Administrative Law Judge hearing, our contract drops the $5,300.00 limit. In addition to the fee you will be expected to pay the expense of gathering medical records, obtaining medical opinion letters, etc. Please see the Fees and Expenses page of this website for more details.
The Social Security Disability Process is a long and slow moving one. It is not a quick fix for someone temporarily unable to work.
How does SSA determine disability?
How can I tell if I am disabled enough to apply for social security disability benefits?
Being unable to work and being found "Disabled" by the SSA are two different things. If you really cannot work, apply for social security disability benefits and keep appealing denials at least through the hearing before an Administrative Law Judge.
How much work do I need to apply for DIB?
Who can get Child's benefits?
The child also must:
How do I apply for Social Security Disability or SSI benefits?
Telephone the Social Security Administration (SSA) at 1-800-772-1213. You will be given the option of 1) going to the social security office near you to apply for benefits or 2) having your application taken over the telephone. If you choose to go to the social security office, the person at the 800 number will schedule an appointment for you. If you apply by phone you will be given a date and an approximate time to expect a phone call from someone at the social security office. When you talk to SSA regarding your application give them all the information they ask for in a straightforward way. Be truthful. Do not exaggerate or minimize your disability.
Do I need a lawyer to help me apply for Social Security Disability or SSI benefits?
What if my claim is denied?
How do I appeal?
What happens if I am denied benefits and I do not appeal within 60 days?
What is the biggest mistake people make when trying to get disability benefits?
Should I gather medical records and send them to SSA?
When should I contact you about representing me?
If you agree to represent me do I call the 800 number for SSA with questions?
How much do you charge?
How long will it take to get my claim approved?
How can I speed up my claim?
You can help shorten the process by bringing certain documents with you when you apply and helping SSA get any other medical evidence you need to show you are disabled. These include:
Do not delay in filing for benefits just because you do not have all the information you need.
