Social Security Disability Questions
Click on a question to see to the answer:
What
is Social Security Disability?
Who
is eligible for Social Security Disability (SSD)?
How
much am I entitled to?
Am
I eligible for Medicare or Medicaid?
Do
I need appropriate medical care while my application is pending?
How
can I tell if I am disabled?
What
if the SSA discourages me from applying or appealing?
What
if I get turned down?
Should
I hire an attorney to handle my Social Security Disability
claim?
How
much can my representative charge me?
When
should I contact an attorney?
What
about costs?
How
do I apply for SSD or SSI benefits?
Do
you have any special tips in dealing with the SSA?
What
happens if I try to return to work?
What
if I have investment income, (stocks, bonds, rental income)?
What
earning guidelines are used during a trial work period?
What
are the income limits for receiving SSI?
What
is the role of the vocational expert at my social security
disability hearing?
Why shouldn’t
I just file for my Social Security Retirement Benefits early
and not file for Social Security Disability?
If I decide to file for SSDI, will Social Security disability
insurance help my dependents?
Can a non-citizen receive
Supplemental Security Income benefits?
If I don’t
have any regular health care, how do I get medical treatment
while I am waiting for a decision from the Social Security
Administration?
What is Social Security Disability?
If you are an American or documented worker who has worked in
this country for at least 5 of the last 10 years, the deductions
made for your Social Security taxes have been placed into a fund
for you to be paid to you as a monthly income should you become
disabled according to the Social Security Administration Guidelines.
Who is eligible for Social Security
Disability (SSD)?
If you are under the age of 65 and are disabled and have sufficient
earning credits as determined by the Social Security Administration
(SSA) you are entitled to Social Security Disability Income (SSDI)
benefits. If you do not have enough credits to qualify for SSDI
you may still qualify for Supplemental Security Income (SSI)
benefits. The amount of your SSI payments will depend on the
household income and assets.
Back
to the top of the page
How much am I entitled to?
Amounts vary but you may be eligible to receive between $650.00
per month to $2,000.00 per month from the Social Security Administration
and perhaps more depending on what you have paid into the system
and the number of legal dependents living in your home. Social
Security Administration states that as of December, 2002, the
average monthly benefit for disabled workers in Florida is $838.00
and $246.00 for dependents of disabled workers.
Am I eligible for Medicare
or Medicaid?
If you are accepted as disabled by the Social Security Administration
(SSA) you will be eligible for Medicare. If you are disabled
and you are under the age of 65, your medical bills are covered
by the state Medicaid program for the first two years after you
become disabled. During this time you may select coverage under
an approved Medicaid HMO to reduce co-pays or out-of-pocket expenses.
Your minor children and dependents may also be entitled to Medicaid
coverage after you are determined to be disabled.
Back
to the top of the page
Do I need appropriate medical
care while my application is pending?
No one needs good medical care more than the disabled. Moreover,
medical treatment records from your treating physicians provide
the most important evidence of disability in a social security
case. Obtaining medical reports and sending your doctor the proper
forms and questionnaires concerning your care may be something
best left for an experienced lawyer to do.
How can I tell if I am
disabled?
As workers age, it becomes easier to be found disabled. If you
are over 45 and you cannot do any job you have done in the past
15 years and have a severe mental or physical impairment that
keeps you from doing all but the easiest jobs, you should apply
for Social Security Disability (SSDI) and Supplemental Security
Income (SSI). Younger persons and children are also eligible
for benefits. The rules about social security disability are
complex, however. The one sure thing that will keep you from
getting disability benefits is not applying for benefits or not
appealing a denial of benefits.
Back
to the top of the page
What if the SSA discourages
me from applying or appealing?
Of the people who apply for SSD, over 50% are turned down (from
SSA stats). Fewer than 50% of those who are turned down appeal.
Of those who appeal, over generally 50% are accepted as disabled.
You should not be discouraged by an SSA representative from filing.
You should not necessarily believe them when they tell you that
you are not disabled!
What if I get turned down?
If you really cannot work in a full time or regular scheduled
part time capacity due to injury or illness that has prevented
you from working or will keep you from working for 12 months
or more, apply for Social Security Disability (SSD) and Supplemental
Security Income Benefits. If you are turned down you will have
60 days to file your appeal. More than half of the people whose
applications are denied fail to appeal. Keep appealing denials
at least through the hearing before an Administrative Law Judge.
If you fail to file your appeal, you may lose valuable rights
and your entitlement to SSD/SSDI benefits. Remember, the law
does not help those who sit on their rights. According to the
Social Security Administration, the biggest mistake people make
when trying to get disability benefits is failing to appeal or
waiting too long (more than 60 days) to file their “Request
for Reconsideration” and/or “Request for Hearing ”.
Back
to the top of the page
Should I hire an attorney to handle
my Social Security Disability claim?
As a rule, a person does not need a lawyer to help to file an
application. After the application is filed, however, a lawyer’s
help may make the difference between winning and losing even
at the initial application stage. The SSA allows non-attorneys
to represent claimants. These non-attorneys are not regulated
or subject to Professional and Disciplinary Standards as Licensed
Attorneys are. These non-attorneys may not even have a high school
diploma and can charge the same fees as a licensed attorney and
do not carry insurance to compensate their clients, should they
fail to represent you properly. Moreover, these representatives
and their firms cannot represent you after the Appeals Council
stage. Only a properly licensed attorney can handle your case
from the initial filing through hearing and appeal into Federal
District Court and Circuit Courts of Appeal and into the United
States Supreme Court if necessary.
How much can my representative
charge me?
Attorneys fees are limited to 25% of the award of your past
due benefits. That is one-fourth of those benefits that build
up by the time you are found disabled and benefits are paid.
Fees are also capped administratively with the Social Security
Administration so that the cap can be even less that 25% of past
due benefits in excess of $25,000.00. Under no circumstances
do fees come out of current monthly benefits.
Back
to the top of the page
When should I contact an
attorney?
As a general rule it is better to contact an attorney earlier
rather that later. A licensed attorney has had to excel academically
in 4 years of college, pass his courses during his or her pursuit
of a Doctoral degree during three years of Law School and to
pass a 2 to 3 day long examination for the State Bar and pass
an in depth background check to be sworn in to represent you
in this area. Additionally a licensed attorney is ethically bound
to expeditiously and zealously prosecute your claim. By the rules
that control licensed attorneys, the earlier you get your disability
benefits, the lower the attorneys fees will be on those past
benefits. Non-lawyers are not licensed or required to expeditiously
and zealously represent you or to expedite your claim. The SSA
now applies its complex processes, making the help of an experienced
lawyer even more important.
Back
to the top of the page
What about costs?
In addition to the fee, your representative may charge you for
the expenses of gathering medical records, obtaining medical
opinion letters, etc. Costs rarely run over $200.00, and if we
are unsuccessful in obtaining your disability benefits for you,
you will not owe us for either costs or fees for the time we
spend on your behalf.
How do I apply for SSD or SSI
benefits?
You can telephone the SSA at 1-800-772-1213 and select the option
of either having your application taken over the telephone or
by going to your local social security office to apply for benefits.
The 800 number is open between 7:00 a.m. to 7:00 p.m. The teleservice
is most busy on Mondays and Tuesdays and between 10:00 a.m. and
3:00 p.m. daily.
Back
to the top of the page
Do you have any special tips in
dealing with the SSA?
Yes. Once you call SSA and actually talk to a claims representative,
always ask for his or her telephone number. They are unlisted
and you cannot get them from the phone company. Do not lose the
number, save the number so you can re-contact your claim representative
in 3 or 4 days for a follow-up.
The SSA is a gigantic bureaucracy. Make sure to write down the
names, dates and location of everyone you talk to at SSA and
if you complete forms always keep copies and if at an SSA office,
ask to be provided with stamped and dated copies of the records
you submit. Organize your records in a file and always bring
your own records to the SSA office and ask for a supervisor if
you have a problem.
Finally, dealing with the SSA can be frustrating and disheartening.
Do not let yourself despair. Seek help if you need it and never,
never, never give up.
Back
to the top of the page
What happens if I try to return
to work?
We always recommend that our clients not live their lives for
a lawsuit or a Social Security Disability claim. If you can return
to work and do and subsequently fail, the Social Security Administration
may deem that an unsuccessful return to work, if the monies you
earn are not significant or your return to work lasts generally
less than six months. If you return to work and succeed, you
may have your claim changed from an open ended period of disability
to a closed ended period of disability, as long as your disability
made you unable to work for twelve months or more. If your return
to work is successful, please let us know in writing and as to
whether you want to continue on with either an open ended or
closed ended period of disability.
What if I have investment
income, (stocks, bonds, rental income)?
That does not generally constitute substantial gainful activity,
unless you are substantially active in producing that income.
This gets a bit difficult with dividends from a small business
or corporation and with rental income, as these often involve
some gainful activity to produce the income other than just receiving
and depositing a check or moving monies from place to place on
your computer. Of course, work and investment income will affect
directly your SSI (Supplemental Security Income) claims as there
is a need based financial offset involved.
Back
to the top of the page
What earning guidelines
are used during a trial work period?
Trial work period (TWP)
$ 620.00/mo (2006)
$ 590.00/mo (2005)
What are the income limits
for receiving SSI?
SSI
* Individual
$ 603/mo. (2006)
$ 579/mo. (2005)
* Couple
$ 904/mo. (2006)
$ 869/mo. (2005)
Substantial gainful activity thresholds
* Non-blind
$ 860/mo. (2006)
$ 830/mo. (2005)
Substantial gainful activity thresholds
* Blind
$1,450/mo. (2006)
$1,380/mo. (2005)
Back
to the top of the page
What is the role of the vocational
expert at my social security disability hearing?
While medical factors alone may justify a finding that the claimant
is or is not disabled, it is necessary in some cases to consider
vocational factors in order to determine whether or not the claimant
is able to engage in any substantial gainful activity. A vocational
expert may be called by the Social Security Administration to
testify about your employability. Two basis questions will be
presented at your hearing as follows:
The first question pertains to the kind of work, if any, the
claimant can do in light of prior work activity and residual
functional capacity considering age, education, training and
work experience, as well as physical and mental restrictions.
The expert's testimony will be predicated on various assumptions,
posed at the hearing, with respect to the claimant's residual
functional capacity. The expert will not be expected to testify
as to whether or not the claimant is under a disability, since
he does not have the responsibility for deciding this ultimate
legal issue. The expert will not express any opinion regarding
the impairments involved and their effects on residual functional
capacity, since these are medical matters. The expert will be
requested to furnish a rationale and complete explanation for
his or her opinions. In forming the expert's judgment as to whether
or not the claimant could transfer vocational skills to any other
type or work, the expert will be requested to consider only work
which the claimant could perform after a normal period of training,
usually given to new employees, rather than after extended vocational
rehabilitation.
The second question is whether any work a claimant could do
exists in the "national economy"; i.e., whether it exists in
significant numbers either in the region where the claimant lives
or in several other regions of the country. The expert should
be prepared to testify from personal knowledge gained from vocational
surveys of businesses and industries (whether such surveys were
made by the vocational expert or by the other vocational experts)
and from other current vocational resource materials.
Questions may also be asked of the expert by the claimant or
representative who will be entitled to cross-examine the vocational
expert.
Back
to the top of the page
Why shouldn’t I just file for my Social Security
Retirement Benefits early and not file for Social Security
Disability?
There are advantages of receiving Social Security disability
benefits. When people think of Social Security, they think of
retirement benefits. But Social Security also provides financial
protection in the event that you suffer a serious disability,
regardless of your age. This protection is provided under the
Social Security Disability Insurance program (SSDI). Think of
Social Security as an insurance program that you paid for through
Social Security (FICA) taxes that were deducted from your paycheck.
There are a number of advantages to receiving Social Security
disability benefits. Depending on your individual circumstances,
advantages may include:
Higher Social Security retirement benefits: Generally, Social
Security retirement benefits are calculated based on your average
earnings during your working life. For people whose earnings
have been reduced due to disability, this can mean lower retirement
benefits. However, if you are approved for Social Security disability
benefits, your Social Security retirement benefits will be calculated
based on your earnings before your became disabled.
The impact of SSDI on your Social Security retirement benefit
is significant. For example, an individual earning $50,000.00
a year who became disabled at age 40 and remained disabled until
retirement would receive more than $130,000.00 in additional
retirement benefits over a 20-year retirement:
We therefore recommend that you protect your future retirement
benefits by filing for Social Security Disability.
Medicare eligibility: If you are found to be disabled, you will
become eligible for Medicare 24 months after your Social Security
effective date, regardless of your age. This is important, especially
if you do not have or cannot afford private health insurance.
Automatic cost of living increases: Every year, Social Security
gives SSDI recipients an increase in their benefits based on
the Consumer Price Index.
Back
to the top of the page
If I decide to file for SSDI, will Social Security disability
insurance help my dependents?
Yes. If you are approved for SSDI benefits, other family members
may also qualify for benefits.
Generally, benefits will be available for:
● Children under 19 who have not finished high school
● A spouse who is caring for a child under the age of 16
● A spouse over age 62
To avoid unnecessary delays, apply for SSDI dependent benefits
at the same time you are applying for your own benefits.
Back
to the top of the page
Can a non-citizen receive Supplemental Security Income benefits?
A noncitizen may receive Supplementary Security Income (SSI)
if he or she meets the requirements of the laws for noncitizens
that went into effect on August 22, 1996 and all the other requirements
for SSI eligibility, such as the limits on income and resources.
In general, beginning August 22, 1996, most noncitizens must
meet 2 requirements to be potentially eligible for SSI:
1. Be in a “qualified alien” category and
2. Meet a condition that allows qualified aliens to get SSI.
There are 8 categories of “qualified aliens”. The
categories are:
1. Lawfully admitted for permanent resident in the U.S. (“LAPR”),
including certain “Amerasian immigrants”.
2. “Conditional Entrants” under the law in effect
before April 1, 1980;
3. Paroled into the U.S. for certain reasons for a period of
one year or more;
4. Refugee;
5. Granted asylum;
6. Deportation or removal is being withheld for certain reasons;
7. Cuban and Haitian entrant under the Refugee Education and
Assistance Act of 1980; or
8. One of certain aliens who have been subjected to battery or
extreme cruelty or whose child or parent has been subject to
battery or extreme cruelty.
A “qualified alien” is potentially eligible for
SSI if he or she meets one of the following conditions:
1. Was receiving SSA on August 22, 1996 and is lawfully residing
in the US;
2. Is lawfully admitted for permanent residence and has 40 qualifying
quarters of work. Work done by a spouse or parent may be counted
toward the 40 quarters of work. Some restrictions may apply if
the noncitizen or the working spouse or parent received certain
Federally funded benefits after December 31, 1996;
Important: If you entered the U.S. on or after 8/22/96, then
you may not be eligible for SSI for the first five years as an
LAPR even if you have 40 qualifying quarters of earnings.
3. Is an active duty member of the U.S. armed forces, one of
certain honorably discharged veterans, or one of certain dependents
of U.S. military personnel;
4. Was lawfully residing in the United States on August 22, 1996
and is blind or disabled;
5. Filed for SSI within 7 years of being granted status as a
refugee, asylee, Cuban and Haitian entrant, Amerasian Immigrant,
or deportation or removal is being withheld.
A qualified alien in one of these categories may be eligible
for a maximum of 7 years from the date status was granted. If
a qualified alien in one of these categories also meets one of
the conditions listed above, then SSI can continue beyond the
7 - year period. In addition to qualified aliens who must meet
a a condition for eligibility, there are certain categories of
noncitizens who are exempt for SSI. These categories include
certain Canadian-born American Indians and noncitizens members
of a Federally recognized American Indian tribe.
A noncitizen may also be eligible under certain circumstances
if the Department of Health and Human Services determines that
he or she meets the requirements of the Trafficking Victims Protection
Act of 2000.
Back
to the top of the page
If I don’t have any regular health care, how do I get
medical treatment while I am waiting for a decision from the
Social Security Administration?
You can seek health care from your county health department.
Links for local health departments are listed below:
Citrus County - www.doh.state.fl.us/chdCitrus/index.htm
Hernando County - www.health.co.hernando.fl.us/
Hillsborough County - http://24.173.147.140/
Pasco County - www.doh.state.fl.us/chdPasco/default.html
Pinellas County - www.pinellashealth.com/index.asp
Sarasota County - www.sarasotahealth.org/
Back
to the top of the page
|
