Q.
How does Social Security define disability?
A. Social Security defines
"disability" 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."
Q.
Is it hard to apply for Social Security disability benefits?
A. No.
There are two ways to apply for a Social Security disability
claim. The first is to go to the Social Security District
Office and file the claim in person. The second way is to
call Social Security at 1-800-772-1213. They will arrange
for a telephone interview for you. Once the interview is finished
they will send necessary forms for you to fill out. All the
basic information will have been collected during the phone
interview.
Q.Can
I get Social Security disability benefits if I expect to get
better and return to work?
A. You
have to have been disabled for at least one year or
expect to be disabled for at least one year. So, If
you expect to be out of work for one year or more due
to illness or injury, you should file for Social Security
disability benefits.
Q.When
can I file for Social Security disability benefits?
A. You
can file for Social Security disability benefits on the day
that you become disabled if you believe that you will be out
of work for one year or more. Sometimes hospital social workers
can help you and your family make the initial contact with
Social Security. It is best to hire a representative to help
you as early in the process as possible.
Q.
How do I find a qualified representative to help me with
my Social Security disability claim?
A. The
National Association of Disability Representatives (NADR)
offers a referral service. You may call NADR at 1-800-747-6131.
If you live in Texas you may contact Disability Analysis
by phone 1- (210) 732-9552 or email.
Q.
Is
it necessary to hire a representative to represent me in my
Social Security disability claim?
A. No.
Any claimant can represent himself in all phases of the Social
Security disability process. Claimants with representation
tend to win their cases more often than those who are not
represented. You can hire either an attorney or a non-attorney.
Recent research by Herbert M. Kritzer, Legal Advocacy: Lawyers
and Nonlawyers at Work (1998) indicates that non-lawyers can
be more effective than lawyers. Most law schools and most
graduate schools do not teach courses in Social Security.
The important skills and knowledge pertaining to Social Security
are acquired after leaving school.
Q.
How
do representatives who help Social Security disability claimants
get paid?
A. Cases
are generally handled on a contingency basis. That means the
representative receives a fee only if you win your case. Normally
the fee is 25% of your back benefits and must be approved
by Social Security. If you do not win your case there is no
fee. There are also costs in each case for which you will
be responsible. These costs are generally fees paid to doctors
for the copying of records. These costs are usually less than
$50 dollars and are not paid until after the case is settled.
Medical reports for social security must be provided free
from Texas medical sources. There are no "up front costs."
Q.
I have a couple of serious health problems. Can I get Social
Security disability benefits?
A. Each
situation is unique. Social Security is aware that many individuals
have multiple health problems. Social Security will take a
combination of impairments into consideration in determining
disability.
Q.
If
I am found disabled how far back will Social Security pay
benefits?
A. For
Disability Insurance Benefits and for Disabled Widow's and
Widower's Benefits, the benefits begin five months
after the person becomes disabled. But, benefits cannot be
paid more than one year prior to the date of the claim.
For
a Disabled Adult Child benefits begin as of the onset date,
but benefits cannot be paid more than six months prior
to the date of the claim or twelve months if the person
whose account is filed on qualifies for disability insurance
benefits.
SSI benefits begin at the start of the month following the
date of the claim.
Q.
If Social Security denies my claim for Social Security disability
benefits what should I do?
A. If you
are denied at the initial level you should appeal. You would
file a request for reconsideration. Then Social Security would
review your records and possibly arrange for more medical
evaluations. If you have not already done so, at this point
you definitely should consider employing a representative.
Q.
Where can I get help with my Social Security disability
claim?
A. The
National Association of Disability Representatives (NADR)
offers a referral service. You may call NADR at 1-800-400-2883.
Q.
What is the average time it takes Social Security from
the time I file before I hear that they have made a decision?
A. Time
periods vary from area to area, but generally most initial
Social Security decisions are made within four months.
If you are turned down and have applied for reconsideration
it will generally take another four months to receive
a decision. If you are turned down and have applied for a
hearing before an Administrative Law Judge it could take up
to one year before you have a decision. And, if you
are turned down at the hearing level and have requested an
Appeals Council review, it could take one year or more
to receive the decision.
Q.
What if Social Security tells me they are going to cut
off my disability benefits?
A. You
should immediately contact the Social Security Office
and file an appeal. You only have 10 days after being
notified to file an appeal. You can ask that your disability
benefits continue while you appeal the decision cutting off
your benefits.
Q.
Why are the time periods so important in Social Security
cases?
A. Timely
filing is a very important thing to remember with Social Security.
In all cases but one you have 60 days from the decision
to apply for a higher-level hearing. If you go past the 60-day
period, without good cause, you may have to file an entirely
new claim. The one exception is when your benefits have been
ceased, then, you only have 10 days to appeal the decision
in order to keep receiving a check during the appeals process.
Q.Is
there a difference between Medicare and Medicaid?
A. Yes.
Medicaid is associated with SSI and Medicare is associated
with Disability Insurance Benefits. Medicaid begins immediately
upon receipt of SSI. Medicaid pays for prescription medications.
Medicaid can be retroactive up to three months prior
to the date of a Medicaid claim. Medicare begins after you
have been entitled to Social Security disability benefits
for two years. That includes Disability Insurance Benefits,
Disabled Widows or Widowers Benefits or Disabled Adult Child
Benefits. Medicare generally does not pay for prescription
medications.
The
Disability Analysis web pages are intended to provide general
information on selected topics as a public service. The
information is intended - but not promised or guaranteed
- to be correct or current. It does not contain legal or
medical advice. The information is provided solely for informative
purposes and does not create a professional relationship.
Each individual situation is different and unique. The information
contained in these web pages should not be relied on as
applicable to you. Competent representation should always
be consulted to advise on any Social Security Disability
matter. Internet links on this site allows you to "jump"
instantly to other on-line resources. Disability Analysis
does not intend links to other web pages and their owners
to be considered referrals or endorsements of the linked
entities. We will gladly remove any link from this site
upon request from the linked entity. This web site is not
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