Frequently Asked Social Security Disability Questions

1. How can I tell if my disability is severe enough for me to apply for Social Security Disability benefits? In order to be eligible for Social Security Disability (SSD) benefits, you have to have medical or psychological problems that prevent you from holding down a regular job for at least twelve months. In many cases, you can be eligible to receive benefits even if you can work some of the time but just aren’t able to sustain full time work. The most common types of disabling impairments include psychiatric conditions, breathing problems, heart conditions, arthritic conditions, chronic fatigue syndrome, fibromyalgia, multiple sclerosis, neurological conditions, lupus, back, hip or knee conditions, cancer, HIV/AIDS, vision problems, digestive system impairments, kidney or liver conditions, traumatic brain injuries, diabetes, seizure disorders and hepatitis.

2. Why should I apply for Social Security Disability benefits? There are many advantages to receiving Social Security Disability (SSD) benefits. It provides monthly income for you and your family. In many cases, you will also receive a lump sum payment for back disability benefits to which you were entitled. Depending on your other income, Social Security Disability (SSD) benefits may be tax-free. Social Security Disability (SSD) benefits increase every year to keep up with increases in the cost of living. If you are found eligible for Social Security Disability (SSD) benefits, you will also be eligible to receive Medicare coverage twenty-four months after you begin receiving monthly benefits. Medicare coverage now includes prescription drug benefits.

3. Should I apply for Social Security Disability benefits even if I am already receiving workers’ compensation benefits? Yes. Even though your Social Security Disability (SSD) benefits will be reduced by the workers’ compensation benefits you receive, any auxiliary benefits your family members receive will not be subject to the offset. In appropriate cases you will be able to greatly reduce the offset through a lump sum settlement of future workers’ compensation benefits. And Social Security Disability (SSD) eligibility brings with it health insurance coverage through Medicare after you have completed a waiting period.

4. Should I apply for Social Security Disability benefits even if I am already receiving long term disability benefits? Yes. Even though many group long term disability policies offset other disability benefits, most do not offset Social Security’s cost of living increases. Also some policies offset only your individual Social Security Disability (SSD) benefits, not those received by your family members. Social Security Disability (SSD) benefits may be tax-free while in many cases your long term disability benefits are taxable. And, as mentioned above, Social Security Disability (SSD) eligibility brings with it health insurance coverage through Medicare.

5. When should I apply for Social Security Disability benefits? You should apply as soon as you become unable to work. The law only allows a limited period of time for Social Security Disability (SSD) claims to be filed, so it is very important to file your claim promptly. A long delay in filing may reduce the amount of back benefits you are eligible to receive or even result in disqualifying you for Social Security Disability (SSD) benefits altogether.

You do not need to wait until you have been out of work for a full twelve month period before filing. If your condition is found to be severe enough that it is expected to prevent you from being able to work for at least that long, this will be sufficient for you to be found eligible.

6. What can I do to increase the chance that I will be found eligible for benefits? You can do two things to increase your chances of getting benefits. First, because the disability evaluators in the Social Security system rely greatly on medical records compiled by medical or psychological service providers, it is critical that you get the medical or psychological help you need for your impairments as soon as you begin to have problems and continue to get help as long as your problems persist. Records from this treatment will provide a persuasive summary of the problems that you have had.

Second, statistics compiled by the Social Security Administration consistently show that you can greatly increase your chance of getting benefits by retaining an experienced disability lawyer to represent you.

Experienced disability lawyers can help claimants succeed in many ways:

They can determine what evidence will be needed in order to present the strongest possible case;
They can collect the necessary evidence from medical and vocational sources and present that evidence at the administrative hearing, along with supportive testimony from witnesses;
In appropriate cases, they can submit a legal memorandum before the administrative hearing is held and secure an award of benefits without the need for a hearing;
They can thoroughly cross-examine medical and vocational experts who have been asked by the judge to provide testimony at the administrative hearing; and
They can lay the groundwork to appeal an unfavorable administrative decision and pursue that appeal through the federal courts.

7. What things should I keep in mind when choosing a lawyer to represent me? Before deciding which lawyer to hire to handle your case, you may want to ask the following questions:

How long has the lawyer been in practice? How many Social Security benefits cases has the lawyer handled?
Does the lawyer have a general practice or specialize in Social Security benefits cases?
Will the lawyer attend the hearing with you or send a paralegal to represent you?
Does the lawyer practice regularly before the judges at the Hearings Office in Manchester or have a more regional or national practice?
Will the lawyer be able to continue to represent you in an appeal to federal court if that becomes necessary?

The amount of legal fees to be charged is not usually a factor in choosing a lawyer because that is limited by the Social Security Administration. So it is a good idea to make your decision solely on the qualifications and experience of the lawyer.

8. What should I do if I am denied benefits? You should immediately appeal the denial. Don’t be discouraged. More than half of those who apply for Social Security Disability (SSD) are denied at the initial level, but more than 60% of those who appeal their denial secure benefits, either through the administrative or judicial appeal process. While you have sixty days to file an appeal, the sooner you file it, the sooner it will be processed. There is no advantage to waiting and you may miss the deadline.

9. When should I contact a disability lawyer? You should contact an experienced disability lawyer as soon as you become disabled. The lawyer will be able to answer any questions you may have and help you put together a plan to deal with the impact of your inability to work. He or she will be able to help you with the complex decisions that are presented by your potential entitlement to many disability benefit programs such as workers’ compensation, long term disability insurance benefits, Social Security Disability (SSD) benefits and eligibility for other public assistance programs, such as Supplemental Security Income (SSI) and Aid to the Permanently and Totally Disabled (APTD). Being unable to work can be emotionally devastating. Putting together a disability case plan as early as possible can help bring a little peace of mind.

10. Does your office provide a free initial consultation? Yes. This consultation can be in our office or over the phone.

11. Will I have to pay an up front fee to retain your office? No. We understand that people who are not able to work because of a disability seldom have funds to retain the legal help they need. For that reason, if you decide to retain us, we will pay all the expenses that are needed to prepare and present your case, such as the cost of medical or vocational experts. Our fees are paid on a contingency basis—you only pay if we win the case, after you have gotten your award of back benefits. No fees will be owed from ongoing monthly benefits once you begin to receive them. And any fee we charge will be subject to the guidelines set by the Social Security Administration.

“PERSONAL HELP FROM AN EXPERIENCED SOCIAL SECURITY DISABILITY LAWYER”