1. How
is disability defined by Social Security?
Under the Social
Security Act, "disability" means "inability to engage
in any substantial gainful activity 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."
2. What
should I do if Social Security denies my claim for disability benefits?
Understand that
this is not unusual. Social Security only approves about 40% of disability
claims at the initial level. You should file an appeal for reconsideration.
You should also think about hiring an attorney to represent you. DO
NOT GIVE UP.
3. Can
I apply for partial disability SSDI benefits?
No, Social Security
does not provide partial disability benefits.
4. What
types of disability benefits are there?
There are at least
five types of Social Security Disability benefits. Retirement and Survivors
Disability Insurance benefits are the most important type of Social
Security Disability benefits. Individuals who have worked and paid into
the system in recent years (five out of the last 10 years in most cases)
are entitled to apply for this type of benefit. The benefits are paid
based on the individual's Social Security earnings record. Supplemental
Security Income (SSI) benefits are paid to individuals who are poor
and who are disabled. It does not matter whether a person has worked
in the past or not to apply for SSI. There are benefits available in
some cases to widows and widowers, disabled adult children, and disabled
dependent children. The type of benefit these individuals can apply
for will be determined by Social Security.
5. Can
I get worker's compensation and Social Security disability benefits?
Yes. Your worker’s
comp benefits will reduce your Social Security Disability benefits,
but in almost all cases some Social Security benefits are still paid.
We encourage people to apply as soon as possible so they don't have
a lapse in income between worker's comp ending and Social Security Disability
benefits beginning.
6. How can
I tell if I will be found disabled by Social Security?
There is no easy
way to tell if you will be found disabled by Social Security. An individual
should make the decision about whether to file for Social Security Disability
based on their own belief about their condition. If denied, the individual
should consult with an attorney to get an opinion about their chances
for a successful appeal.
7. Do you
have to be permanently disabled to receive Social Security Disability
benefits?
No. You have to
be disabled for at least a year or be expected to be disabled for a
least a year. If you expect to be out of work for a year or more due
to illness or injury, you should file for Social Security Disability
benefits.
8. How does
Social Security decide if I am disabled?
Social Security
is supposed to gather your medical records and consider all of your
health problems, your age, education and work experience. They are supposed
to decide if you are able to return to your past work or if not, they
consider whether there is any other work you can do based on your health
problems and age.
9. If I
am approved for Social Security Disability benefits, how much money
will I receive?
For disability insurance
benefits, payments are based on how much you have worked and earned
in the past. For supplemental security income benefits, there is a base
amount that an individual with no other income receives. Payments are
reduced if the individual has any other type of income.
10. How
far back will they pay benefits if I am found disabled?
For Disability
Insurance Benefits, payment does not begin until five months have passed
after the individual becomes disabled. Benefits cannot be paid for more
than one year prior to the date the claim was filed. Supplemental Security
Income benefits cannot be paid prior to the start of the month after
the claim is filed.
11. How
do lawyers get paid for representing Social Security Disability claimants?
In most cases the
attorney receives 25% of the past due benefits if the claimant wins
and no fee if the claimant loses. Clients are responsible for medical
expenses.
12. Can
alcohol and drug addicts really get Social Security Disability benefits?
Not anymore. There
were never all that many people getting benefits due to alcoholism or
drug addiction, but Congress has now prohibited Social Security from
paying benefits on the basis of drug addiction or alcoholism. If an
alcoholic or drug addict becomes disabled for reasons other than their
addiction, they can become eligible for Social Security Disability benefits.
13. My doctor
says I am disabled, why is Social Security denying my claim?
Social Security's
position is that it is not up to your doctor to determine whether or
not you are disabled. They will make their own decision based on evidence
they choose to consider.
14. I am
60% disabled. Do I get 60% of my Social Security benefits?
No. There are no
percentages of disability for Social Security benefits. You are either
disabled or you are not.
15. Can
my Congressman help get my Social Security benefits?
The local Congressional
office will usually have staff that is experienced with Social Security
procedures. A "Congressional Inquiry" may help to get the
case moving, but that inquiry will have no impact on the outcome of
the case.
16. If I
am found disabled, are my children entitled to benefits?
If a parent is
disabled, children who are: under 19, still in high school or disabled
prior to age 22 are entitled to benefits. The benefit received by a
dependent child is limited to 50% of the parent's monthly benefit.
17. If I
am over age 65 and already receive Social Security retirement benefits,
can I receive additional benefits if I am disabled?
No. You cannot receive
additional benefits for disability after age 65.
