Frequently Asked Questions
Social Security Disability Program – Frequently Asked Questions
Seek answers to social security disability program and make sure you have a relatively easy comprehensible process while you make a claim for your medical condition.
(1) What is Supplemental Security Income (SSI) or Social Security Disability (SSD)?
As per the federal Social Security Disability Act, disability refers to the lack of ability of an individual to engage in any considerable gainful act of employment because of medically determinable mental or physical impairment that has or may be expected to continue for a period more than twelve consecutive months or even in death in serious cases.
Social Security Disability Benefits
These benefits are paid to those who have been working in recent years. You should have been engaged in employment for at least five out of last 10 years. These requirements are a little varied when individuals are less than 31 years old since they may not have necessarily been in employment for so long.
Supplemental Security Income Benefits
These benefits are paid to those families or individuals who have low income and disabled but in this program, work history is immaterial. Child disability benefits are also awarded to children below 18 years of age provided they are disabled and have guardians or parents who have low income.
(2) What is the eligibility for Social Security Disability Benefits?
You may become eligible for disability benefits when you have worked long enough at some job that is covered under Social Security Act provisions and have become disabled. As per the Social Security Administration (SSA), any disability is either emotional or physical or a combination of the two. Therefore, when you have to win benefits, your disability should be adequately severe so as to prevent you from working in a job, which constantly pays you money, for a minimum period of twelve months.
The eligibility test is done not to determine if there is a possibility to return to your lost job. It also does not pertain to the fact if you can find a new job. The test is done to determine if you are emotionally and physically capable of performing any job that is usually available at any work place. Further, you need a doctor to diagnose and certify that you are disabled and this need to be done by medically acceptable laboratory and clinical findings. But, many genuine disabilities are complex to diagnose and in such cases, your legal representative should present doctor reports appropriately and also convince the government of your need to obtain benefits.
(3) How can you submit or apply for a claim for SSD or SSI?
As per law, anyone eligible can file for his own SSD benefits. But statistically speaking, claimants who have legal representation are in a better position to win benefits when compared to those who apply on their own. The process is made difficult by the government. There are long waiting lines and complicated forms.
People with legitimate claims are often denied benefits; sometimes more than once or even more. Due to this, people often become intimated and discouraged. As a result, they go away, give up or back off even when there is a legitimate claim.
(4) How much money will you receive when you are awarded Social Security Disability benefits?
This amount depends upon the amount of money you made while you worked.
(5) On your disability, how long will you have to wait for applying for SSD or SSI?
When you expect your disability to last for at least a year, you should apply for SSD almost immediately. Do not commit the mistake of waiting for a long time for filing a SSD claim after becoming disabled.
(6) Is there a possibility for you to work and still claim disability benefits?
Yes but at a reduced schedule.
(7) Is your family entitled to SSD benefits?
Usually, children (dependent) below the age of 18 and those who are attending high school are entitled to these benefits.
(8) Is there a possibility to obtain more Social Security Disability benefits over and above what you are already receiving because you find it insufficient?
Yes, there are possibilities provided your monthly rate is much lower than the federal poverty line.
(9) Is there a time period until which you can continue to receive SSD benefits?
As long as you are disabled and cannot return to work, you will continue to receive SSD benefits.
(10) If you are a mother taking care of your kids and have been employed but due to disability, if you are unable to continue work; will you get SSD benefits?
If you have been employed for five out of the recent 10 years under social security prior to becoming disabled, you will be having sufficient earnings to qualify you for SSD benefits. However, if you are less than 30 years of age, requirements vary simply because these individuals may not have had adequate time for working. Where the individual has stayed at home and taken care of children, it is still possible for them to claim benefit that is dependent on their earnings. However, a poor homemaker can qualify for Supplemental Security Income irrespective of work history.
Click Here for a 9 Step Individual Action Plan for Filing an SSD Claim
(11) Are you entitled to disability benefits even if you are collecting early retirement?
Yes, if your disability started before your retirement.
(12) What are the steps you can take to improve chances of winning a social security disability or SSI claim?
Claimants who hire the services of an experienced and specialized attorney to legally represent them have increased chances of winning a claim than those who have no representation. Therefore hiring an attorney is a wise decision. Most attorneys do not charge any fee unless your case is won. Also significant is the appeals process because most claims are denied in the initial stages. Chances of approval are higher in the further levels. An experienced attorney will understand the nuances and will know precisely how to approach every stage thereby helping you to recover disability benefits.
(13) Does obtaining legal help improve your chances of winning SSI or SSD claims and if so, how?
Claimants who hire disability attorneys have a better chance of winning disability claims. These lawyers are well aware of the proof and evidence required by the social security disability system. Legal representation alleviates chances of incorrect notation by a government clerk and also removes the need to wait in long government queues. Almost all details of your case which includes handling complex paper work will be done in a professional manner. No fee is charged by your attorney unless your claim is approved and you recover benefits.
(14) Can you receive both SSD benefits and workman’s compensation?
Yes but the amount of SSD benefits reduces. When you receive workman’s compensation benefits, it will be considered in your disability claim. The state in which you reside in is also considered.
(15) What are the diseases that come under the purview of SSD or SSI in order to qualify for benefits?
The SSA has published a list of impairments manual that covers the list of diseases and ailments covered by social security. Also, the lasting effect of a medical condition on your ability to work and earn is also considered for the purpose of evaluating disability. Psychological conditions and learning disability are also covered. An attorney can help to make the right choice during the process of obtaining approval.
(16) Is there a necessity to be permanently disabled for receiving social security disability benefits?
No, when you are disabled for at least one year, you qualify for benefits. The longer you are unable to work, the longer will you continue to receive disability benefits. It completely vests on the individual’s medical condition. Nevertheless, it is important to submit your claim as early as possible in order to begin the process.
(17) How can you find a successful attorney to represent your disability claim?
The social security disability claims website has free evaluation forms that you can fill in. This form will be reviewed by licensed attorneys who will revert to you to take the process forward. You can also capitalize on your own sources to identify a successful and trusted attorney.
Social security disability and supplemental security income claims are numerous and often are denied in the initial stages if there is no appropriate legal representation although the legal system does not mandate the presence of an attorney.
Fill out the FREE evaluation below to have an experienced attorney or advocate assess your case and aid you in the process of receiving Social Security Disability benefits.
