Frequently Asked Questions about Social Security Disability

Social Security Disability can be a confusing topic.  I have complied a list of answers to frequently asked questions about Social Security Disability and SSI.  If you have any further questions, please contact me for a no charge consultation. 

How do I apply for Social Security Disability or SSI benefits?

The Social Security Administration (SSA) offers three ways for you to apply for Social Security disability benefits: 

1 - Via the Internet- Go to www.ssa.gov to apply for Social Security Disability.  

If you want to apply for SSA’s other disability program — Supplemental Security Income (SSI) — you cannot complete an SSI application online, but you can complete one of the necessary supporting documents, the Adult Disability and Work History Report, on the Internet.

2 - In Person - If you want to complete an application for SSI or Social Security disability in person, you must first telephone SSA at 1-800-772-1213. If you choose to go to a Social Security office to complete the application, the person at the 800 number above will schedule an appointment for you, give you directions to the Social Security office, and tell you what papers you need to bring along. 

3 - By Telephone - If you want to apply by phone, you must first telephone SSA at 1-800-772-1213.  You will be given a date and an approximate time to expect a phone call from someone at the Social Security office who will take your application over the phone. The application will then be mailed to you for your signature.

How can I tell if I am disabled enough to apply for social security disability benefits?

Social Security regulations make it easier to be found disabled as you get older. It becomes easier for a few people at age 45 (those unable to read English), for more people at age 50, for most people at age 55, and even more people at age 60. If you’re over age 55 and you cannot do any job you have done in the past 15 years, you should definitely apply. If you’re over age 50 and have a severe impairment that keeps you from doing all but the easiest jobs, you ought to apply.

But even if you’re a younger person, you don’t have to be bedridden in order to be found disabled. If you’re under age 45 or 50 and you cannot do your past jobs and you cannot work full time at any regular job, that ought to be enough.

Nevertheless, being unable to work and being found “disabled” by the Social Security Administration (SSA) are two different things. It is often difficult to convince SSA that someone is “disabled” even when he or she genuinely cannot work. But it is not impossible.

If you really cannot work, apply for disability benefits from SSA. And keep appealing denials at least through the hearing before an administrative law judge. If you lose at a hearing, sometimes a lawyer with experience handling disability cases can figure out a way to win your case by pursuing the next appeal – to the Appeals Council.

Do you have any advice about applying for disability benefits?

Yes. Give SSA all the information it asks for in a straightforward way. Be truthful. Do not exaggerate or minimize your disability. 

Should I contact a lawyer to help me apply for Social Security Disability or SSI benefits?

As a rule, a person does not need a lawyer’s help to file the application. SSA makes this part very easy and, in fact, it usually will not let a lawyer (or anyone else) file the application for you. 

What happens if I am denied benefits and I do not appeal within 60 days?

You’ll have to start over with a new application — and it may mean that you’ll lose some back benefits. So it’s important to appeal all denials within 60 days. It’s better if you appeal right away so that you get through the bureaucratic denial system faster. The quicker you can get to the hearing stage the better.

How do I appeal?

Your denial letter will tell you about appealing. The first appeal is called a “reconsideration.” You must request reconsideration and then, after the reconsideration is denied, you must request a hearing within the 60-day time limit.

You can appeal in one of the following ways:

1 - Telephone the Social Security Administration (800-772-1213) and make arrangements for your appeal to be handled by phone and mail. 

2 - Go to the Social Security office to submit your appeal. If you go to the Social Security office, be sure to take along a copy of your denial letter. And be sure that the Social Security representative gives you a signed copy of your appeal paper showing that you appealed on time. 

3 - appeal online at www.ssa.gov, be sure to print and retain the receipt for your appeal so that you can prove you appealed on time. 

4 - Call me and make an appointment, I will help you file the appeal online.  

What are the biggest mistakes people make when trying to get disability benefits?

Failing to appeal. More than half of the people whose applications are denied fail to appeal. Many people who are denied on reconsideration fail to request a hearing.

Another mistake, although much less common, is made by people who fail to obtain appropriate medical care. Some people with long-term chronic medical problems feel that they have not been helped much by doctors. Thus, for the most part, they stop going for treatment. This is a mistake for both medical and legal reasons. First, no one needs good medical care more than those with chronic medical problems. Second, medical treatment records provide the most important evidence of disability in a Social Security case.

Since medical evidence is so important, should I have my doctor write a letter to the Social Security Administration and should I gather medical records and send them to SSA?

SSA will gather the medical records, so you don’t have to do that. Whether you should ask your doctor to write a letter is a hard question. A few people win their cases by having their doctors write letters. You can try this if you want to. The problem is that the medical-legal issues are so complicated in most disability cases that a doctor may inadvertently give the wrong impression. Thus, obtaining medical reports may be something best left for a lawyer to do.

I don't have any insurance, I can't afford to go to the doctor.

This argument almost never works.  Medical records are extremely important.  If you don't have insurance, find a free/low cost clinic in your area by searching here - needymeds.org.

When is the best time for a lawyer to get involved in my case?

Many people wait until it is time to request a hearing before contacting us to represent them. Although everyone agrees that a lawyer’s help is essential at the hearing and the great majority of people who have lawyers win their cases at a hearing, how necessary it is to have the help of a lawyer at the early stages is a subject with arguments on both sides.

More than one-third of those people who apply will be found disabled after filing the initial application without a lawyer’s help. About 15% of those who request reconsideration are found disabled at the reconsideration stage, mostly without a lawyer’s help. If you are successful in handling the case yourself at the initial or reconsideration steps, you will save having to pay attorney’s fees. It is hard to predict which cases may benefit from a lawyer’s help early on.

We never get involved when someone is just filing an application. SSA makes it difficult for a lawyer to do much at this point. As a rule, we won’t get involved in a case until after an initial denial is issued and a legal controversy exists. 

If a claimant asks us to get involved at the reconsideration stage, we will evaluate the case even though cases are harder to evaluate at this stage than they are at the hearing stage. Sometimes it is even hard to tell if a claimant will be disabled for 12 months, which is required by the Social Security Act. And it is harder to get access to a file at SSA if we have questions. If you want us to consider representing you at the reconsideration stage, we may ask you to do more work gathering records so that we have enough information to evaluate your case.

If you want us to consider becoming involved in your case at the initial or reconsideration steps, please telephone us to discuss your situation. Otherwise, the best time to call us is as soon as you get the reconsideration denial.

What is Social Security's definition of disability?

The Social Security Act describes disability as, “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 different types of benefits under the Social Security Programs?

There are at least five major types of Social Security disability benefits.

1 - Disability Insurance goes to individuals who have worked in recent years (five out of the last 10 years in most cases) and who are now disabled.

2 - Disabled Widow’s and Widower’s Benefits are paid to individuals who are at least 50 and become disabled within a certain amount of time after the death of their husband or wife. The late husband or wife must have worked enough under Social Security to be insured.

3 - Disabled Adult Child Benefits go to the children of persons who are deceased or who are drawing Social Security disability or retirement benefits. The child must have become disabled before age 22. For Disability Insurance Benefits, Disabled Widow’s or Widower’s Benefits and Disabled Adult Child benefits, it does not matter whether the disabled individual is rich or poor. Benefits are paid based upon a Social Security earnings record.

4 - Supplemental Security Income benefits (SSI), however, are paid to individuals who are poor and who are disabled. It does not matter for SSI whether an individual has worked in the past or not. The proof of disability is the same under SSI or the insurance program.

5 - SSI child’s disability benefits are a variety of SSI benefits paid to children under the age of 18 who are disabled. The way in which disability is determined is a bit different for children.

How many years do I have to be disabled in order to file for Social Security benefits?

There is no required length of time to wait. Disabled individuals can file for disability the very day they become disabled. Many make the mistake of waiting to file after being disabled for an extended length of time. You do not have to wait to file but your disability must prevent you from working for a year or longer.

If I am on sick leave can I file for Social Security or should I wait?

You do not have to wait. If you think you will be ill for a year or more then you should file for Social Security benefits as soon as possible.

I was injured on the job. I am receiving worker’s compensation benefits. Is there a way to file for Social Security benefits while I am still receiving worker’s benefits or should I wait until my benefits end?

Do not wait until your benefits end to file for Social Security. You can file for Social Security while you are still receiving benefits. Applying for Social Security will help ensure that you will have continuous benefits when your worker’s benefits end. If you do not apply right away you may have a gap between receiving benefits. Be sure to advise your workers compenstion attorney about your application for disability. It may influence the wording of your settlement agreement.

Is there a way I can tell what my Social Security Disability Benefit will be?

Yes, you can:

1 - Call the Social Security Administration (800-772-1213) and request a Personal Benefit Summary, or

2 - Go online to www.ssa.gov, and log in to "My Social Security."

What are my chances of getting disability?

About 1/3 of claimants are approved at the initial level.  Approximately 20% are approved at the reconsideration level, and around 50% are approved at the hearing level.