Frequently Asked Questions
How does Social Security define disability?
What are the Social Security benefits SSDI and SSI?
How do I apply for Social Security disability benefits?
How does Social Security determine if I am disabled?
What is reconsideration and how do I apply for it?
What is a hearing?
How long do I have to wait for a hearing?
Do I need to hire an advocate?
What are the benefits of hiring an advocate?
How much money will I get if I win?
If my claim is approved, can I work?
If my claim is approved will I get Medicare?
How does Social Security define disability?
Disability is defined by the Social Security Act as the “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.”
What are the Social Security benefits SSDI and SSI?
Social Security Disability Insurance (SSDI) is a federal "insurance program" for people that are disabled and are unable to work. Like other insurance, you must have paid into it to qualify, that is, paid Social Security for the required time period. Supplemental Security Income (SSI) is a program funded by tax revenues and pays monthly benefits to people with disabilities who have low income and few material assets. In some circumstances, children may qualify for SSI.
How do I apply for Social Security disability benefits?
In order to apply for Social Security disability benefits you will need to have a birth certificate or proof of citizenship. They will ask you detailed questions about your life including: work history, health, family, marriage, and background. Visit www.ssa.gov/disability to make sure that you have properly applied for Social Security disability benefits.
How does Social Security determine if I am disabled?
After you submit your application for Social Security disability benefits, Social Security will gather your medical records and evaluate whether you are disabled through numerous criteria including your work experience, age, health problems, and education. Social Security then determines if you are able to do your past work and if not, what jobs you can do in the economy.
What is reconsideration and how do I apply for it?
After the initial application process, the claim is either accepted or rejected. If the claim is rejected, a claimant can request further review. The process of reconsideration entails having a different disability examiner at the same agency review your case for a second chance at Social Security disability benefits. However, it is very rare that the SSA issues a reconsideration approval. In fact, the entire process of reconsideration is currently being considered to be amended and replaced with a new process where a federal reviewing officer will be reviewing the claims.
What is a hearing?
If reconsideration rejects your claim, you can file to have a hearing in front of an administrative law judge (ALJ). A hearing is like your day in court, where your representative argues your case in front of an ALJ and the ALJ makes a determination of whether your case warrants Social Security disability benefits.
How long do I have to wait for a hearing?
Every state has different average wait times for a hearing. Some states are as few as three months and others up to a year. To get an idea of how long the wait could be in your state, check out the newsletter at
www.nosscr.org.
Do I need to hire an advocate?
The SSA does not require a claimant to have a representative. However, an advocate can greatly increase your chances of succeeding at every stage of the process.
What are the benefits of hiring an advocate?
Applying for Social Security disability benefits can be complicated and frustrating. The SSA code has thousands of pages and intricate interweaved rules and regulations. Hiring a representative to be by your side through every stage of the process can greatly increase your chances of winning your claim. A representative will help you organize your case and apply for the appropriate benefits, obtain necessary medical records, and present your case in the most favorable light.
How much money will I get if I win?
There are numerous factors that go in to what a claimant will receive per month in Social Security disability benefits. The national average is about $800 per month.
If my claim is approved, can I work?
If you are approved for SSDI, you have the option of working for nine months to see if you are able to work given your disability. However, if you earn more than $900 per month, your benefits will be revoked automatically. If you qualify for SSI, your benefits will be reduced by how much you work.
If my claim is approved will I get Medicare?
If you are approved for any Social Security disability benefit other then SSI, then you will get Medicare after you have been entitled to Social Security disability benefits for two years.
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