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 3 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. Mr. Edwards office assists in the application process.

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 be expected to be disabled for at least one year. So, If you expect to be out of work for one year or more on account of 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.

Q

How do I find a qualified representative to help me with my Social Security disability claim?

A

The American Disability Representation Specialist Association (ADRSA) offers a referral service. You may call ADRSA at 1-800-400-2883 during regular business hours.

Q

Is it necessary to hire a representative to represent me in my Social Security disability claim?

A

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. Obtaining disability benefits is a coplex process and an experienced representative can help.

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. 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 meets SSA stardard for disability. 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.
• SSI benefits can 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. At this point you should consider employing a representative.

Q

Where can I get help with my Social Security disability claim?

A

The American Disability Representation Specialist Association (ADRSA) offers a referral service. You may call ADRSA at 1-800-400-2883 during regular business hours.

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 a 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

If you are still unable to work 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. After filing the appeal you may want to seek a representative to handle your case. Remember that if you lose your case you may be asked to pay back any overpayments.

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.

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.