What is Disability?

“Disability” has different meanings. Congress gave the word “Disability” its own meeting when it passed the Social Security Law. Because you want Social Security Disability, you must be considered to be “disabled” in the eyes of the government. The Social Security Administration has special regulations and rules about how it decides if you are “disabled”.

To receive Social Security Disability, you must have a disabling physical or mental health problem or a combination or a combination of health problems (called an “impairment” or “impairments”). A doctor must say you have the “impairment” or “impairments”. Your “impairment” or “impairments” must be severe enough to keep you from working at any full-time job. Just not being unable to go back to do your old job may not be good enough for Social Security Disability. If you are presently working and earning more than $500.00 gross a month, you are probably not disabled in the eyes of Social Security. Generally, you must be off work at least twelve (12) consecutive months because of your “impairment” or “impairments”. There are a few exceptions, but Social Security rarely allows these exceptions.

The laws and regulations are hard to understand. You have a better chance of winning if you have a Social Security Representatative helping you.

We will correctly place you with an representative who can help you get Social Security benefits and will help you with your Social Security Disability case. The representative will be qualified to help you whether you are just starting to make your APPLICATION or you are ready for a HEARING. They will also help you with any REVIEW by the Appeals Council and/or a LAWSUIT in the federal court if that is necessary.

DISABILITY – Frequently Asked Questions

Q) I understand that to get Social Security disability benefits, your disability must be expected to last at least a year. Does this mean that you must wait a year after being disabled before you can get benefits?

A) You do not have to wait a year after the onset of the disability before you can get benefits. You should file as soon as you can after becoming disabled and benefits can begin 5-months after you were disabled. The waiting period begins with the month Social Security decides your disability began.

Q) I have been receiving Social Security disability benefits for the past four years and my condition has not improved. Is there a time limit on Social Security disability benefits?

A) No. You will continue to receive a disability benefit 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 65, your disability benefit will be automatically converted to retirement benefits.

Q) I had a serious back injury four years ago and received disability benefits for about 18 months until I could return to work. Unfortunately, my back problems have recurred and I don’t know how much longer I will be able to continue working. When I initially applied for benefits, I waited several months before I received my first check. If I reapply for benefits, will my wait be as long as it was the first time?

A) Maybe not. It depends on what the new medical reports say and whether additional evidence is required. A worker who becomes disabled a second time within five years after benefits stop can have his or her checks start again, beginning with the first full month of disability if the new claim is approved.

Q) My brother had an accident at work last year and is now receiving Social Security disability benefits for himself, his wife, and daughter. Before his accident, he helped support another daughter by a woman to whom he has never been married. Is the second child entitled to some benefits as well?

A) Yes, even though your brother wasn’t married to the second child’s mother, Social Security pays benefits to all of his children, even if they were born out of wedlock. Each child is entitled to equal benefits. Not everyone who applies for Social Security Disability is going to get benefits. The Social Security Administration has set up what we call the Four (4) Steps. At each Step it decides whether to give you benefits. If you do not get benefits at a Step, you must go to the next Step. You cannot skip a Step. These Steps will drive you mad. The Steps will make you want to stop fighting for your rights. The best thing we can tell you is: DON’T GIVE UP!

The Four (4) Steps in the Social Security Disability process are:

STEP 1: YOUR APPLICATION

You start the Social Security Disability process with an APPLICATION for benefits. Apply now even if you are not sure if you will be off work for more than a year. If you go back to work and earn more than $500.00 a month within a year, you have lost nothing by applying now. You can drop your claim at any time. Do not let Social Security tell you that you cannot apply-you can and it costs nothing! When you apply for Social Security Disability be sure to also apply for Supplemental Security Income Disability. Be sure to give Social Security the name and address of your social security representative.

If you applied for Social Security Disability before and gave up, you should say to Social Security, “I want to reopen my previous application”. Make sure you tell Social Security the very first date you think you became disabled.

Social Security will generally take three (3) to four (4) months to make a decision about your APPLICATION. You may be asked for your income records and medical records. Social Security may also have you examined by a physician at their cost. They will use this information to review your claim and decide if you will receive benefits.

STEP 2: YOUR APPEAL FOR RECONSIDERATION

When your APPLICATION is denied, you have sixty (60) days from when you receive a written notice to appeal for RECONSIDERATION. Don’t give up! APPEAL and request RECONSIDERATION as soon as you get notice. Do it the day you get your notice. The longer you wait – the longer it will take to get benefits. Call your Social Security Representative immediately so he or she can get your RECONSIDERATION started.

If you applied for Social Security benefits in the past and gave up, make sure yoursocial security representativeknows that fact so he or she can ask Social Security to reopen your old application. Also be sure your representative knows the earliest date you think you became disabled.

You can expect for Social Security to take another three (3) to four (4) months to make a decision about your request for RECONSIDERATION. You may be asked for more records. Social Security may have you examined again by another physician at their cost. A different person reviews your case this time and decides whether to give you benefits.

STEP 3: YOUR APPEAL FOR HEARING WITH AN ADMINISTRATIVE LAW JUDGE

If your request for RECONSIDERATION is denied, you have sixty (60) days from the date you are notified to appeal and ask for a HEARING with an Administrative Law Judge. Don’t give up! Call your Social Security Representative as soon as you get the denial: to APPEAL for a HEARING with an Administrative Law Judge. Do it the day you get your notice. The longer you wait –the longer it will take you to get benefits.

If you applied for Social Security benefits in the past and gave up, make sure your Social Security Representative knows that fact so he or she can ask Social Security to go back and open up your old application. Also be sure your Social Security Representative knows the earliest date you think you became disabled.

You can expect for it to take twelve (12) to eighteen (18) months for a HEARING to be scheduled with an Administrative Law Judge. Your Social Security Representative will have to update your records for Social Security and submit all the papers you want the Administrative Law Judge to consider when making a decision.

1-88-88-Disabled representatives have helped many clients get Social Security benefits and we would like to help you with your Social Security Disability case. We can help whether you are just starting to make your APPLICATION or you are ready for a HEARING. We can also help you with any REVIEW by the Appeals Council and/or a LAWSUIT in the federal court if that is necessary.