WHAT IS SOCIAL SECURITY DISABILITY?
Most people that hold down jobs work to succeed at their jobs and careers. What happens if through accident or disease they no longer can work? This is where Social Security Disability comes in. Social Security will pay cash benefits to people who are unable to work for a year or more because of a disability.
WHAT IS SUPPLEMENTAL SECURITY INCOME OR SSI?
SSI pays a monthly benefit 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.
WHO CAN GET SSI?
To get SSI you must be either (1) age 65 or more; or (2) blind; or (3) disabled. You must have limited income, basically none. You must have less than $2,000 in personal assets ($3,000 for a couple). Social security does not count a house, personal household goods, and one car.
WHO CAN GET SOCIAL SECURITY DISABILITY?
You can get Social Security Disability at any age, if you have enough "work credits" to qualify. Certain other members of your family may also qualify on your work record. To qualify, you must have worked long enough and recent enough and paid into Social Security. Presently you earn I credit for every $750.00 of earnings up to a maximum of 4 credits per year. Family members who qualify on your work record do not need credits.
The number of credits required for disability depends on your age when you become disabled: Before age 24 you need 6 credits in the three year period when disability starts; age 24 - 31 you need credit for having worked half of the time between age 21 and the time you became disabled; after age 31 generally you would need 20 credits earned in the 10 years immediately prior to becoming disabled.
You need to meet or exceed the requirements for physical or mental impairment that would prevent you from performing any suitable gainful employment. The impairment must be expected to last for at one year or result in death.
WHAT IS A "DISABILITY"?
Social Security has it's own special definition of "disability." Disability under Social Security means that because of a physical or mental impairment you are unable to do any substantial gainful activity. The impairment must be expected to last for at least one year or result in death.
Social Security considers an income of between $500.00 and $750.00 per month as substantial gainful employment.
An "impairment" is a medical condition that meets or exceeds the guidelines set by Social Security rules.
HOW DO I APPLY FOR SOCIAL SECURITY DISABILITY OR SSI?
Just visit your local Social Security office or call Social Security at 1-800-772-1213 for an appointment with a representative that will help you apply. Apply as soon as possible, the process sometimes takes several months or longer. You should bring your Social Security card, birth certificate or other proof of age, names and addresses of doctors, hospitals or clinics that have treated you. For SSI you will need information about your home and mortgage. Also bring payroll receipts and bank statements.
IS THERE ANY WAITING PERIOD?
Yes. For Disability there is a 6 months waiting period before benefits begin. Benefits will start on the first day of the sixth full month of disability. For example if you are found disabled on May 30, September is the sixth full month following disability, benefits would begin in September.
WILL ANYTHING REDUCE SOCIAL SECURITY DISABILITY BENEFITS?
Yes, workers' compensation and certain other government disability benefits like Unemployment Insurance payments and State Disability payments may reduce your Social Security benefit. The sum of all your disability payments can not exceed 80 percent of your earnings averaged over a period of time before you became disabled. These other government benefits are called "off-sets".
WHAT IF I AM DENIED SOCIAL SECURITY BENEFITS?
The process allows you to appeal any decision that is not favorable to you. If your initial application is denied, you can request a RECONSIDERATION. This first appeal must be filed within 60 days of receiving the denial letter. Social Security will re-evaluate your application and make a new decision. Reconsideration takes between 30 - 60 days.
If your request for Reconsideration is denied you can next request a HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE. Your claim will be assigned to a judge who will set a hearing and listens to you testify about your impairments. The judge will review the medical records and your testimony and render a decision. It will take up to one year to get a hearing in some jurisdictions.
You should never go before a judge without being represented by an attorney who does Social Security Law. You need to know how to testify, what information is important to your case and you need to know the language and "buzz words" the courts use. Commonly at hearings are Vocational Experts and Medical Experts. These experts are there to advise the judge. They are asked questions by the judge and you have a right to cross-examine them. You need to know what to ask. GET AN ATTORNEY.
WHAT DO ATTORNEYS CHARGE FOR SOCIAL SECURITY CASES?
Fees are set by law and the judge must approve any fee before it is paid. Social Security allows the attorney to charge 25% of the retroactive benefits or $4,000.00 whichever is less. In disability cases once the fee is approved, Social Security automatically deducts the attorney fee and directly pays the attorney, you are sent the balance. In SSI cases, you are responsible for paying the attorney. There also may be some costs paid in advance by your attorney. These costs are your responsibility to reimburse the attorney. These costs usually are for copying medical records or other documents needed for your claim.