Social Security
Disability FAQ
By: Sheri R. Abrams
WHAT ARE SOCIAL SECURITY DISABILITY
BENEFITS?
Social Security Disability is a benefit
received from the Social Security
Administration by disabled workers and in
some cases their dependents, similar to
those received by retired workers.
WHO QUALIFIES?
To receive benefits under the Social
Security Disability program, you must have a
physical or mental health problem (or a
combination of problems) severe enough to
keep you from working in any regular paying
job for at least one year. The test isn't
whether or not you are able to go back to
your old job, and the test isn't whether or
not you have been able to find a job lately.
Rather, the test is whether you are capable
of doing any job available in the national
economy. By using an extensive set of
regulations, the Social Security
Administration takes into account your
medical condition, your age, your abilities,
your training and your work experience in
deciding your case.
WHAT HAPPENS IF I QUALIFY FOR SOCIAL
SECURITY DISABILITY BENEFITS?
If you are found eligible for Social
Security Disability benefits, you will get
paid retroactive benefits beginning 5 full
months after you become disabled, but only
for a maximum of 12 months before you
applied for benefits. (Please see below for
additional information on duration and
amount.)
HOW MUCH MONEY WILL I RECEIVE IF I
QUALIFY FOR SOCIAL SECURITY DISABILITY
BENEFITS?
A disabled claimant will receive the same
monthly benefit that he would receive had he
retired at full retirement age (65 years old
or more depending on age). The sum of money
received will depend on one's previous work
record.
HOW LONG WILL I BE ABLE TO RECEIVE SOCIAL
SECURITY DISABILITY BENEFITS?
You will receive Social Security
Disability benefits as long as you remain
disabled and unable to work. Your benefits
will not run out because you did not
contribute enough into the Social Security
system.
WHEN SHOULD I APPLY FOR SOCIAL SECURITY
DISABILITY BENEFITS?
You should apply for Social Security
Disability benefits as soon as possible
after you become disabled and unable to
work. You do not need to wait 12 months to
apply, your disability need only be expected
to last for at least one year or will result
in death.
HOW DO I APPLY FOR SOCIAL SECURITY
DISABILITY BENEFITS?
You can fill out an application for
Social Security Disability benefits at the
local Social Security office nearest to your
home or by telephone. The address and
telephone number of your local Social
Security office can be obtained by calling
1-800-772-1213. When applying you should be
prepared to give Social Security a list with
the names, addresses and phone numbers of
all the doctors, hospitals or clinics who
have treated you for your condition. You
should also bring a list of where you have
worked in the past 15 years.
You will also need to provide Social
Security with an original or certified copy
of your birth certificate, your last
earnings documents (W-2, last pay stub,
statement of your employer, etc.) and copies
(keep the originals) of any medical records
you may be able to obtain.
Please note, however, that you should not
delay filing for benefits if all documents
are not immediately available.
WHAT DO I DO IF I AM DENIED BENEFITS?
Appeal! Many disabled people become
disheartened and frustrated after they
receive a disability benefits denial notice
and do not appeal. This is often a mistake.
Nationally, about 75% of all applicants are
denied intially and about 90% are denied at
the first appeal stage--Reconsideration. But
many of these people ultimately receive
their benefits, nationally about 70%.
What may be most frustrating about
applying for Social Security Disability
benefits is the process itself. Those who
apply are often made to feel like they are
asking for something that they do not
deserve, and nothing could be further from
the truth. Social Security Disability is not
a welfare program; these benefits are paid
for by you and were intended to act as a
financial buffer in case you or a family
member became seriously ill or injured.
Therefore if you are unable to work, but you
have been denied benefits, you should
appeal.
DO I NEED AN ATTORNEY?
You have the right to have an Attorney
represent you in your Social Security
Disability case. Statistics have shown that
claimants represented by Attorneys have been
much more successful than people without
representation. You should seriously
consider the advantages of having an Attorny
represent you by examining what an Attorney
would do in your Social Security Disability
case.
WHAT WOULD MY ATTORNEY DO TO REPRESENT ME
IN MY SOCIAL SECURITY DISABILITY CASE?
Every case is different. Your Attorney's
role depends on the particular facts of your
case. However, a few of the things an
Attorney may do are:
Gather medical and other evidence Analyze
your case under Social Security Regulations
Contact your doctor and explain Social
Security Regulations to obtain a report
consistent with those regulations Obtain
documents from your Social Security
Disability file Ask that a prior application
for benefits be reopened Advise you how to
best prepare yourself to testify at your
hearing Protect your right to a fair hearing
by objecting to improper evidence and
procedures If you win, make sure that the
Social Security Administration correctly
calculates your benefits If you lose,
request review of the hearing decision by
the Social Security Administration's Appeals
Council If necessary, represent you in a
Federal Court review of your case HOW MUCH
DOES IT COST TO HIRE AN ATTORNEY?
Most Attorneys who handle Social Security
Disability cases will accept them on a
contingent fee basis of 25% of past-due
benefit or $5,300 whichever is less. That
is, there is no fee if you lose, although
you will be obligated to pay any
out-of-pocket expenses incurred by the
Attorny in your representation. Such
expenses usually involve charges for
photocopying and payments to doctors and
hospitals for medical records and reports,
and other miscellaneous charges. Total
expenses usually are less than $100.
WHEN SHOULD I CONTACT AN ATTORNEY?
As soon as possible, preferably as soon
as your inital application is denied. An
Attorney will then be able to start
assisting you in determining if you are
disabled, as that term is defined by the
Social Security Act. You will then be able
to decide whether or not you want to pursue
the first appeal stage--Reconsideration; and
your Attorney can begin developing ways to
prove to the Social Security Administration
that you are disabled.
Attorneys in Social Security Disability
cases do much more than sit in at a hearing
and ask a few questions. Much pre-hearing
preparation, analysis and evidence gathering
go into adequate representation for your
case. For this reason you should not wait
until a week or two before your hearing to
contact an Attorney. The earlier an Attorney
is able to start working on your case, the
better your chances of winning.
Please note that not all Attorneys
practice before the Social Security
Administration. You will do best to find an
Attorney familiar with the complex Social
Security Disability regulations and the
somewhat unusual Social Security Disability
procedures.
About The Author
Sheri R. Abrams, is an Attorney who
practices Social Security Disability Law in
Virginia, DC and Maryland. Ms. Abrams
graduated from the George Washington
University Law School and the Boston
University School of Management. For more
information please see Ms. Abrams's web site
at http://www.sheriabrams.com sheri@sheriabrams.com
This article was posted on March 17, 2003
This article is the property of and
published with the permission of Sheri R.
Abrams. For more information regarding the
author or to contact the author visit her
website at http://www.sheriabrams.com
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