Social Security FAQs
WHAT ARE THE TYPES OF SOCIAL SECURITY DISABILITY CLAIMS AND BENEFITS?
There are five major types of disability claims you may file with the Social Security Administration:
- Social Security Disability benefits (SSD) are generally available to individuals who worked (and paid employment taxes) for five out of the ten years prior to becoming disabled. (For individuals 31 or younger, the requirements are different, taking into account the shorter period of time they have had to earn work credits.) Payments are based on the worker’s earnings record.
- Supplemental Security Income (SSI) is a welfare program available to disabled individuals who are poor, whether or not they have ever worked. SSI has strict income and resource requirements which can reduce or eliminate an individual’s eligibility
- Disabled Widow’s or Widower’s Benefits (DWB) are available to individuals who are between 50 and 60 years of age, and who became disabled within a certain period of time following the death of a spouse or ex-spouse to whom they had been married for at least ten years. Payments are based on the earnings record of the deceased spouse.
- Disabled Adult Child’s Benefits (often referred to as CDB, for Childhood Disability Benefits) are available to unmarried individuals who became disabled before age 22, and who have at least one parent who is receiving SSD; who is receiving Social Security Retirement (SSR) benefits; or who is deceased and had been eligible to receive SSD or SSR benefits. Payments are based on the earnings record of the parent.
- Children’s Supplemental Security Income is for children under 18 who are disabled. As mentioned above, SSI is a welfare program and certain financial eligibility criteria apply.
WHY WAS MY SOCIAL SECURITY DENIED?
Most people who apply for Social Security disability benefits are denied. If your claim was denied, you need to appeal the denial before the deadline or you may have to begin the application process all over again. are potentially several steps along the way at which your claim may be denied. In general, you have sixty (60) days to appeal a denial.
In some cases, you can argue that you had a good reason for missing a deadline. Also, in some cases, the Social Security Administration will reopen an old application that was denied and not appealed.
You need to take any denial and any deadline very seriously!
In some cases, you can argue that you had a good reason for missing a deadline. Also, in some cases, the Social Security Administration will reopen an old application that was denied and not appealed.
You need to take any denial and any deadline very seriously!
HOW DOES THE SOCIAL SECURITY ADMINISTRATION EVALUATE MY DISABILITY?
The Social Security Act establishes a five-step process for deciding whether a claimant is disabled. (The process is described below.) When you apply for Social Security disability benefits, you authorize the release of information from your doctors (and often past employers, friends, and family members) so that the Social Security Administration can gather the evidence necessary to evaluate your case. Under the five-step process, the Social Security Administration asks:
First, are you performing substantial gainful activity? In other words, are you working too much to qualify for disability benefits? You cannot qualify for Social Security benefits unless you have worked under certain levels for at least a full year or you are expected to work under those levels for at least a full year.
Second, is your medical condition severe? In other words, does your physical or mental health condition(s) interfere with your ability to work?
Third, does your medical condition meet or equal a listing? In other words, is your condition on the list of medical conditions that are so severe that you “automatically” qualify for benefits. Note: while the Social Security Administration refers to “automatically qualifying” for benefits, determining whether your condition meets the severity required under this step is a judgment that is often very difficult to make. There are also ways of arguing that your medical condition is equivalent in severity to a listed impairment.
Fourth, are you capable of performing your past relevant work? Are you able to do any type of work you have done in the past fifteen years or in the fifteen years before the date you were last insured for benefits? Again, this is a complicated analysis involving how you performed the work, how the work is generally performed, the skills required by the work, how long the work lasted, how much money you made performing the work, and other factors.
Fifth, are you capable of performing other work in the national and regional economy? In other words, taking into account your age, educational background, past work, and any skills gained from that past work, are you capable of performing types of work different from the type of work you have performed in the past 15 years? Again, this is a complicated analysis, involving the consideration of jobs that you may never have heard of.
Claims for Social Security disability benefits can get extremely tricky in the details.
First, are you performing substantial gainful activity? In other words, are you working too much to qualify for disability benefits? You cannot qualify for Social Security benefits unless you have worked under certain levels for at least a full year or you are expected to work under those levels for at least a full year.
Second, is your medical condition severe? In other words, does your physical or mental health condition(s) interfere with your ability to work?
Third, does your medical condition meet or equal a listing? In other words, is your condition on the list of medical conditions that are so severe that you “automatically” qualify for benefits. Note: while the Social Security Administration refers to “automatically qualifying” for benefits, determining whether your condition meets the severity required under this step is a judgment that is often very difficult to make. There are also ways of arguing that your medical condition is equivalent in severity to a listed impairment.
Fourth, are you capable of performing your past relevant work? Are you able to do any type of work you have done in the past fifteen years or in the fifteen years before the date you were last insured for benefits? Again, this is a complicated analysis involving how you performed the work, how the work is generally performed, the skills required by the work, how long the work lasted, how much money you made performing the work, and other factors.
Fifth, are you capable of performing other work in the national and regional economy? In other words, taking into account your age, educational background, past work, and any skills gained from that past work, are you capable of performing types of work different from the type of work you have performed in the past 15 years? Again, this is a complicated analysis, involving the consideration of jobs that you may never have heard of.
Claims for Social Security disability benefits can get extremely tricky in the details.
WHEN SHOULD I HIRE AN ATTORNEY?
At Chambers Law Firm we believe it is never too early and it is sometimes too late to have the assistance of a legal team specializing in Social Security disability claims. We encourage people to contact us with questions about the application process because we believe you should understand the process from the beginning. We can assist you by providing information about how to apply and about medical, financial, and vocational resources in the community. We can assist you by helping you to navigate the Social Security bureaucracy, to keep track of deadlines, and to make sure that your rights are protected from the beginning.
Some attorneys do not represent claimants until they have been denied at the reconsideration level. At the very latest, you should hire an attorney at that point. An administrative law judge will preside over the hearing, and it is important to get advice on how to prepare your case and what sort of evidence might make a critical difference.
The judge will almost always invite one or more experts to testify about vocational and medical issues that can make or break your case. Without understanding the nuances of the hearing process, you cannot maximize your chances of success or protect your rights.
Finally, never assume it’s too late to contact an attorney. Even if you’ve gone to a hearing and lost your case, we may be able to help you on an appeal or a new application. We’ve won many such cases.
Please call Chambers Law Firm at (352) 515-9464 or email us at info@chamberslaw.com to discuss your case or your potential eligibility for benefits. Don’t delay, call us now!
* The information provided on this web site is general information only and is not legal advice.
Some attorneys do not represent claimants until they have been denied at the reconsideration level. At the very latest, you should hire an attorney at that point. An administrative law judge will preside over the hearing, and it is important to get advice on how to prepare your case and what sort of evidence might make a critical difference.
The judge will almost always invite one or more experts to testify about vocational and medical issues that can make or break your case. Without understanding the nuances of the hearing process, you cannot maximize your chances of success or protect your rights.
Finally, never assume it’s too late to contact an attorney. Even if you’ve gone to a hearing and lost your case, we may be able to help you on an appeal or a new application. We’ve won many such cases.
Please call Chambers Law Firm at (352) 515-9464 or email us at info@chamberslaw.com to discuss your case or your potential eligibility for benefits. Don’t delay, call us now!
* The information provided on this web site is general information only and is not legal advice.
THE PROCESS IS SO SLOW, I NEED HELP NOW. CAN THE PROCESS BE SPED UP?
Applying for Social Security disability benefits can be an extremely slow process. When you apply for benefits, your application is considered (more or less) in the order that it is received. Because of the large number of people applying for benefits, the wait can be very long.
The Social Security Administration has rules for speeding up processing of claims in extreme circumstances but often disputes what counts as an extreme circumstance. The only rule that seems to work is that the more desperate your situation is, the more likely someone at the Social Security Administration will take notice and give your case the priority it deserves. For instance, if a doctor has gone on record as declaring that you are terminally ill and provides specific details regarding your prognosis, your case can often be sped up. Other rules are less clear. For instance, sometimes cases are sped up for homeless individuals or individuals in imminent danger of losing their homes, but sometimes they are not.
Every client is valuable to us. We cannot speed up every case, but we will do everything we can to help.
The Social Security Administration has rules for speeding up processing of claims in extreme circumstances but often disputes what counts as an extreme circumstance. The only rule that seems to work is that the more desperate your situation is, the more likely someone at the Social Security Administration will take notice and give your case the priority it deserves. For instance, if a doctor has gone on record as declaring that you are terminally ill and provides specific details regarding your prognosis, your case can often be sped up. Other rules are less clear. For instance, sometimes cases are sped up for homeless individuals or individuals in imminent danger of losing their homes, but sometimes they are not.
Every client is valuable to us. We cannot speed up every case, but we will do everything we can to help.
IF I GET APPROVED FOR MY BENEFITS, HOW FAR BACK WILL THEY GO?
How far back your benefits will go depends on what type of claim you have filed, when you filed your claim, and the date your disability began. The details can get complicated.
If you only applied for Supplemental Security Income (SSI), your eligibility for benefits begins with the first day of the month following the date you applied.
If you applied for Social Security Disability (SSD) benefits or Disabled Widow’s/Widower’s Benefits (DWB), you may be eligible for benefits up to one year before the date you applied, but only after five full months have passed since the date your disability began.
If you applied for Childhood Disability benefits (CDB) , you may be eligible for benefits for up to six months before applying. In some cases prior applications can be reopened resulting in an award of backpay beyond the limits described above.
The most you can get on SSI is $750 per month (2018). Because SSI is a welfare program, any resources or income you have may reduce your monthly payment. (This includes any SSD, DWB, or CDB you receive.)
Monthly benefits for SSD, DWB, and CDB are based on the worker’s earnings record and are determined by a complicated formula taking into account the worker’s lifetime earnings, when the claimant became disabled, and when the claimant last worked.
Some people wait to apply until they are “sure” they will qualify for benefits. Delaying an application often means losing out on past-due benefits that you might otherwise have been eligible for.
If you only applied for Supplemental Security Income (SSI), your eligibility for benefits begins with the first day of the month following the date you applied.
If you applied for Social Security Disability (SSD) benefits or Disabled Widow’s/Widower’s Benefits (DWB), you may be eligible for benefits up to one year before the date you applied, but only after five full months have passed since the date your disability began.
If you applied for Childhood Disability benefits (CDB) , you may be eligible for benefits for up to six months before applying. In some cases prior applications can be reopened resulting in an award of backpay beyond the limits described above.
The most you can get on SSI is $750 per month (2018). Because SSI is a welfare program, any resources or income you have may reduce your monthly payment. (This includes any SSD, DWB, or CDB you receive.)
Monthly benefits for SSD, DWB, and CDB are based on the worker’s earnings record and are determined by a complicated formula taking into account the worker’s lifetime earnings, when the claimant became disabled, and when the claimant last worked.
Some people wait to apply until they are “sure” they will qualify for benefits. Delaying an application often means losing out on past-due benefits that you might otherwise have been eligible for.
SHOULD I WORK WHILE SSA IS CONSIDERING MY CASE?
You can work assuming your health permits you to work and that you do not put yourself in a situation that worsens your health. If you try to work and you succeed, you’ll be far better off than you would be on Social Security disability benefits. If you do not succeed because of your physical and mental health conditions, you’ll likely have more convincing evidence that you are disabled from working.
You should be aware that any work-like activity you do—whether for pay or as a volunteer—potentially affects your eligibility for Social Security disability benefits. To be found disabled by the Social Security Administration, you have to prove you have been or are going to be unable to sustain gainful activity for at least one year due to one or more physical or mental health conditions.
Part-time jobs, short-term jobs, and work that earns you less than $1,130 per month (gross) are less likely to affect your claim than full-time work or work where you earn over $1,090 per month (gross). Still, any work-like activity potentially affects how the SSA evaluates your ability to work and thus whether or not you meet SSA’s disability criteria. SSA even looks at how well you perform activities of daily living, such as household chores, shopping, etc., in making this determination.
You should be aware that any work-like activity you do—whether for pay or as a volunteer—potentially affects your eligibility for Social Security disability benefits. To be found disabled by the Social Security Administration, you have to prove you have been or are going to be unable to sustain gainful activity for at least one year due to one or more physical or mental health conditions.
Part-time jobs, short-term jobs, and work that earns you less than $1,130 per month (gross) are less likely to affect your claim than full-time work or work where you earn over $1,090 per month (gross). Still, any work-like activity potentially affects how the SSA evaluates your ability to work and thus whether or not you meet SSA’s disability criteria. SSA even looks at how well you perform activities of daily living, such as household chores, shopping, etc., in making this determination.
WHAT IS THE APPEALS PROCESS?
Few people are awarded Social Security disability benefits following their initial application. In fact, most people are denied.
Many people make the mistake of giving up at that point, assuming that they don’t qualify because the Social Security Administration has denied their claim. That is a big mistake.
If you are denied benefits, you have the right to appeal your denial, potentially all the way to the United States Supreme Court!
Call us and we will help you decide how to go forward.
Many people make the mistake of giving up at that point, assuming that they don’t qualify because the Social Security Administration has denied their claim. That is a big mistake.
If you are denied benefits, you have the right to appeal your denial, potentially all the way to the United States Supreme Court!
Call us and we will help you decide how to go forward.
