Q. What is Social Security Disability?

A. Social Security Disability laws were created by Congress in order that disabled persons could receive benefits while they could not work. These laws are part of the federal Social Security system which is financed by payroll taxes paid into the Social Security Trust Fund.

Q. What is the definition of "disability" used by Social Security?

A. Under the Social Security Act, “disability” means “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 twelve months.

Q. Do I have to wait a year after becoming disabled before applying for Social Security Disability benefits?

A. No, you do not have to wait a year after the onset of the disability before you can receive benefits. You should file as soon as you can after becoming disabled and benefits could begin after a five month waiting period. The waiting period begins with the month which Social Security decides your disability began.

Q. What do I have to do to apply for Social Security Disability?

A. You need to call your local Social Security offices (listed in the blue pages of your phone book or call Social Security’s toll free number 800-772-1213, 24 hours a day) and schedule an appointment. If you are unable to travel to their office, they can take your application over the phone.

Q. What information should I bring with me when applying for Social Security Disability?

A. You should bring the following documents when applying for Social Security Disability:

• The Social Security number and proof of age for each person applying for payments. This includes your spouse and children, if they are applying for benefits.

• Names, addresses, and phone numbers of doctors, hospitals, clinics, and institutions that treated you and dates of treatment.

• Names of all medications you are taking.

• Medical records from your doctors, therapists, hospitals, clinics and caseworkers.

• A summary of where you worked in the past fifteen years and the kind of work you did.

• A copy of your W-2 (wage and tax statement) or if you are self employed, your federal tax return for the past year.

• Dates of prior marriages if your spouse is applying.

Q. How does Social Security determine if I am disabled?

A. The evaluation of “disability” under Social Security follows a step-by-step process involving five questions:

• 1. Are you working? If you work and earn more than an average of $500.00 per month you are presumed able to work.

• 2. Are there any medical impairments? If you are not working but there are no medical impairments, you will not be considered disabled by Social Security.

• 3. Are your medical impairments so severe that the test results alone show you to be disabled? Social Security maintains a list of medically diagnosed conditions which are presumed disabling if objective test results show certain, severe levels of abnormalities. These conditions and test requirements are highly technical and require very complex medical judgments. If your medical records documents all the required test results at the required level of severity, Social Security will automatically presume you are unable to work. Your physician’s opinions about the significance of these test results and physical examination findings can be very important.

• 4. Can you perform your past work? If the test results are not severe enough to allow Social Security to presume you are unable to work, they will have to determine how sever your limitations are and how they impact or preclude your ability to do tasks which are basic to the work process such as walking, standing, sitting, lifting, carrying, pushing, pulling, concentrating, remembering, dealing with pressures, etc. Your doctor’s opinion about your capabilities and limitations are important . If you still have enough capability to perform the work that you have done in the last fifteen years, you will not be considered disabled.

• 5. Is there any other work you can perform? If you are unable to perform your past work, Social Security may still determine that you are not disabled if they find that you can perform some other type of work. They will consider your age, education, skills you may have acquired in your past work, and the severity of the physical or mental limitations you may have because of your condition. Social Security does not have to consider that you may not be hired for the job or that the job is not readily available. The only thing they will consider is whether you are physically and mentally capable of performing the job on a full-time basis.

Q. If Social Security determines that I am disabled, what kind of benefits would I be eligible to receive?

A. If Social Security finds that you are disabled, you will receive a monthly cash benefit. The amount of cash benefit is geared to how long you have been working and the amount of money you made during your work. It can be as low as $100.00 and as high as $1,180.00 per month. An average benefit, nationwide, is about $550.00. In addition, if you have children under 18 years of age, your dependents can be eligible to receive “auxiliary benefits.” Typically, your dependents will split a total benefit of 50% of the amount of your check. You are eligible to receive retroactive, lump-sum benefits depending on when you applied for benefits and when you became disabled. Social Security cannot pay you more than one year prior to the date you applied. With very limited exception, Social Security cannot ever pay you for the first five full calendar months that your are disabled, even if they are within the year prior to the date you applied for benefits. If you are found disabled, you are entitled to receive Medicare Health Insurance beginning after you have received 24 months worth of disability benefits.

Q. I am disabled but have money in the bank. Do I have to wait until this money is gone before I apply for Social Security Disability benefits?

A. No, if you have worked in recent years, it does not matter how much money you have in the bank. There is no reason to wait to file for Social Security Disability benefits.

Q. If I am on sick leave from my employer, can I file for Social Security Disability now or do I have to until I exhaust my sick leave?

A. No, you do no have to wait until the sick leave is exhausted. You should file for Social Security Disability benefits now if you believe that you will be out of work for a year or more

Q. Is there a list of illnesses that Social Security considers disabling?

A. No, because most types of illnesses can vary from minor to severe, there is no one list of illnesses which Social Security considers to be disabling. However, if an illness has reached a very severe state, Social Security will award benefits on the basis of medical considerations done.

Q. What happens if Social Security denies my claim?

A. If you are denied at the initial level and do not anticipate returning to work in the near future, you should appeal by filing a “Request for a Reconsideration.”

Q. What is a "reconsideration?"

A. When a claim for Social Security Disability benefits is denied at the initial level, you can then request a reconsideration of that decision within sixty days of the date of the denial notice. Your claim is then sent to a different disability examiner for a new decision.

Q. If my claim for Social Security Disability benefits is denied at the reconsideration level, do I have any further appeals?

A. Yes, you can request a hearing before an administrative law judge. If your claim is rejected you can appeal to the Appeals Council which is still within the Social Security system.

Q. Can I appeal beyond the Social Security system?

A. Yes, after being denied by the Appeals Council, it is possible for you to file a civil action in the U.S. District court, requesting review of Social Security’s decision. It is possible that a Social Security Disability claim can go all the way to the U.S. Supreme Court.

Q. Can I file a claim for Social Security Disability benefits while I am receiving Workers’ Compensation benefits?

A. Yes, you can file a claim for Social Security Disability benefits while receiving Workers’ Compensation benefits.

Q. Can I receive both Workers’ Compensation and Social Security Disability benefits?

Yes, however, your Social Security Disability benefits will be reduce so that the combined amount of the Social Security benefits and your Workers’ Compensation payment does not exceed 80% of your average current earnings.

Q. Is there a time limit on Social Security Disability benefits?

A. No, you will continue to receive disability benefits as long as your condition keeps you from working. But, your case will be reviewed periodically to see if there has been any improvement in your condition and whether you are still eligible for benefits. If you are still eligible when you reach age 65, your disability benefit will automatically convert retirement benefits.