Social Security F.A.Q.’s

Click link to view other Frequently Asked Questions

1. How do I apply for Social Security and what can I expect?

You can apply by phone, mail, or by visiting your local Social Security office. After you complete the application, the Social Security office will send your application to the Disability Determination Services (DDS) Office in your state. The DDS Office will make a decision on whether you are disabled under Social Security Law, and then the Social Security Administration will send you a notice indicating whether or not your claim has been approved or denied. Don’t worry if you are denied initially, this is common and should be expected. The majority of claimants are denied benefits on their first attempt. If you are denied, an appeal can be made called a “Reconsideration,” and this must be done within sixty (60) days from the time you receive the denial. If you are denied following the Reconsideration, you can make another appeal which must be done within sixty (60) days of that denial. After your Reconsideration is denied, you can submit another application and request a hearing before an Administrative Law Judge. The hearing before the Administrative Law Judge is informal and private.

The process is complex and the government makes it very difficult. Typically there are long lines to wait in and the forms are complicated. It can be extremely intimidating to individuals who are denied repeatedly. It is to your advantage to hire an attorney after you have been denied initially for benefits. An attorney knows the system and what information to submit, and can file the necessary paperwork for you. In addition, having an attorney increases your chances to win your claim.

2. What is the difference between Social Security Disability (SSD) and Supplemental Security Income (SSI)?

Social Security Disability (SSD) benefits are benefits paid to individuals who have worked in recent years, usually 5 out of the last 10 years. For individuals under the age of 31, the requirements are different since they have not had the opportunity to be in the workforce as long.

Supplemental Security Income (SSI) benefits are paid to individuals who are below a certain income level, are disabled, and who may not have worked in the past. It is common to see SSI paid to children who are under the age of 18 and disabled, and the parents or guardian income falls below a certain level.

3. How long should I wait to file for Social Security Disability or SSI benefits?

There is no waiting period. As soon as you find your disability is expected to last for at least 12 months (1 year), you should apply.

4. What will an attorney do for me in my Social Security claim?

An attorney will handle every aspect of your claim for you. This includes:

• Provide you a thorough evaluation of your claim
• Find out the benefit you can expect to receive
• Act as your representative with the Social Security Administration
• Help you obtain, complete, and process all paperwork and applications
• Investigate necessary medical documents and reports
• Prepare you for any hearings
• Make sure you receive the benefits you are entitled to.

The Social Security process is very complex, and individuals can easily get impatient and disheartened by waiting in long lines and trying to complete and file the necessary paperwork in time. An attorney can handle all of this for you.

5. How do I know if I am eligible for Social Security Disability benefits?

If you work long enough at a job that is covered under the provisions of the Social Security Act, and become disabled, you are probably eligible for disability benefits. In order to be approved for benefits, you must have a disability that prohibits you from working in any regular paying job for a period of 12 consecutive months. The disability can be physical, emotional, or a combination of both. Furthermore, you must also have a doctor indicate that you are disabled “by medically acceptable clinical and laboratory findings.” Unfortunately, many disabling conditions are difficult to diagnose by objective testing. An attorney knows how to properly present your doctor’s reports to the Social Security Administration , and increase your chances of receiving the benefits you are entitled to.

6. Social Security sent me a notice saying they over paid my benefits. Do I have to repay the money if it was their error?

No, not necessarily. You would probably want to appeal the decision and apply for a waiver. You might win based on the fact that it was their mistake and it would be a hardship for you to repay the amount. If you do win the appeal, more than likely you will receive a waiver in the amount of the overpayment.

7. I was turned down for workers compensation, does that mean I will be turned down for Social Security Disability too?

No, just because you were turned down for workers compensation does not mean other programs will turn you down. Oftentimes various programs and policies apply their own definition of “disabled.” So, one program might approve your disability while another could deny your request.
As soon as you are denied benefits, you should contact an attorney to see if they can help you.

8. How does Social Security define a disability?

Social Security defines a disability as any medically determined physical or mental impairment which is either expected to last at least 12 consecutive months, or end in death. To be eligible for benefits, the claimant must be unable to do any substantial gainful work because of the disability.

9. Do I have to hire an attorney in order to receive benefits?

An attorney is probably not necessary for your initial application, but it depends on your situation. If you are denied after your initial application, you may want to hire an attorney to assist you in presenting your claim on appeal. This is a bit more complex, and an attorney will be familiar with the process. If your appeal is denied, you should have an attorney prepare for your hearing before the administrative law judge or appeals court.

10. How is the amount of Social Security Disability benefits determined?

Social Security Disability benefits are determined based on your earnings record.

11. Can I work, or have earnings, and still receive Social Security Disability?

Yes. However, if you earn more than what Social Security considers as substantial gainful activity (SGA), then you will lose your benefits. For 2005, the SGA increased from $810 to $830 per month. If your impairment is blindness, you can earn as much as $1380 a month in 2005. These amount are adjusted each year, and are based on the national average wage. Deductions from your pay are included in figuring your SGA.

If there is a question you have that you don't see here, please use our FAQ form to send your question.