A: To receive social security benefits due to an injury, you must meet some requirements. You must have been working and insured at the time of your injury. You must have been employed for five out of the previous ten years as a mimimum. It is required that your job was covered by Social Security. To be eligible for disability and receive social security benefits, you cannot be older than the Social Security Retirement age. Last, but not least, your injury needs to be such that you will not be able to join the workforce again for a minimum of 12 months. The Social Security Administration does not extend benefits to individuals with partial or short term disabilities.

Q: When will social security benefits stop?

A: Social security benefits will continue until a person no longer suffers from the medical condition that made him unable to work. In that case, the benefits would continue until the second month after the medical condition had ended. Social security benefits would also end if a person reaches retirement age and is eligible for retirement benefits. Disability benefits would be converted to retirement benefits. Your file will be evaluated regularly in order to verify the status of your injury. If your medical condition does not change, though, you will not have to apply again to remain eligible for benefits.

If a person has been notified of approval, when will he receive his first payment for social security benefits?

A: According to law, an individual cannot receive social security benefits until he has been injured and unable to work for at least five months. Payments will usually begin the sixth month. If you have applied, but have not yet received notification for approval, the processing time can vary. How long it takes to receive requested medical records is what dictates the length of processing time in most cases. The disability examiner cannot make a decision about your case until he has reviewed your medical records. Most applications are reviewed and the claimant notified of a decision within four months.

A: It can take quite some time for an application for social security disability to go through the review process. Finding ways to get by in the meantime can be worrisome for some claimants. Given the duration some claims take, it is vital to examine and adjust your budget when possible. Try to eliminate all spending that is not mandatory. Regardless of what you can afford now, resist temptation to spend. Put any money you save by cutting discretionary spending aside to help you through the time it may take to reach a decision about your social security disability claim. Mandatory expenditures can sometimes be adjusted to allow flexibility during the waiting period. Some utility companies, for example, offer low income energy assistance programs. Refinancing a mortgage or other loan to free up funds can be an option. Additionally, many individuals find that they can rely on friends and family for short term loans or other support. Look into aid programs to help with doctor bills and medication. You need to continue to go to the doctor. Many charities offer assistance to pay for medications. Research any health benefits with the state for which you might qualify. You can also go to a free clinic program for certain things. Many medical offices will help individuals in financial need by coming up with bill payment strategies. Knowing that you are applying for disability, billing departments are more willing to work with you. Filing for public assistance programs can also be helpful. General Assistance is a state program that can lend you money that will have to be repaid after your social security disability case has been processed. Section 8 housing aid or food stamp programs may be helpful if your wait is long. If your finances are in trouble because of your wait, it may be wise to seek counsel with a lawyer specializing in social security. You may be eligible for dire need assistance with social security. Dire need status can grant you financial assistance and help your case be processed more quickly.

Q: Can you go to the Social Security office to submit your social security disability application?

A: You can apply for social security disability insurance online, over the phone or in person. Most people believe handling it in person is the most advantageous. A face to face appointment with the disability manager who will handle your case gives opportunities for real contact that applying online or via telephone will not. The claims representative will have a chance to observe you functioning with your current injury or condition, and you have a chance to introduce your case. This initial meeting sets the stage for the rest of process. Call the toll free number (800) 772.1213 for Social Security and ask for an appointment to submit your application for social security disability. Social Security will send you written notification of the appointment time and date.

Q: How long does a claim for social security disability benefits take?

A: Decisions on some cases are reached within a few months, while others are not reached for years. The average time for a complete application to go through the initial review stage is 3 months.

A: During the review process, some social security disability claims will be required to have a consultative exam before a decision on the case can be rendered. A consultative examination is requested because of one of two things. If there is not enough information provided by medical files to allow the disability case manager to make a decision on an application, then an exam will be needed. The other reason an exam will be required is to provide current medical information regarding the condition of the claimant. Do not panic if a consultative exam has been requested for your case. Your attendance is mandatory and your application cannot be approved or denied without the exam, once it has been requested. If you intentionally miss the consultative exam and do not try to reschedule, your social security disability claim could be denied due to your failure to cooperate. The exam is paid for by the Social Security Administration.

Q: Will my doctor conduct a requested consultative examination?

A: The disability manager for your case will typically not request that your physician conduct the CE. The examination is normally conducted by a physician who has not treated you for the current injury or condition. Speak with the social security disability examiner assigned to your case if you believe you have not been treated fairly by the doctor who provided your CE. If that doctor provided an exam for a previous case of yours that was not approved, for instance, you can request a different physician. The physicians who provide CEs for social security disability claims are not Social Security doctors. The physicians who conduct the exams are independent physicians that have a contract to provide such services to the agency.

Q: Is it possible to get retroactive benefit payments for social security disability?

A: A fair number of applicants approved for social security disability benefits receive back payments. The main reason for this is because the review process for claims can take a considerable amount of time. Applicants can accrue benefits retroactively from the date of application and, in some cases, up to a year prior. The 5 month waiting period after the date of onset will not be included in back pay.

When the time for the review comes, the case will be forwarded to the Disability Determination Services department in order to determine the member’s continued eligibility for Social Security benefits. The member will go through an interview process and will be asked about his or her condition since being granted Social Security benefits. At this point, a medical examiner will determine whether or not the condition has improved. If the results show that the member can go back to work, the Social Security benefits will be discontinued.

If you disagree with the findings of this review process, an appeal may be filed with the office of the Social Security Administration. You may then be asked to attend a hearing, upon which time a reconsideration decision will be made. If the decision to discontinue your Social Security Benefits still stands, you may make an appeal in a federal district court or present your case before a judge of administrative law.

Will SSA pay me to care for my disabled spouse?
While the SSA does not pay caregivers of disabled spouses directly, they may be able to receive benefits of their own. These benefits are given monthly and can be equal to 50 percent of the disabled spouse’s benefits. Keep in mind that there is a limit to the total amount of social security benefits that can be given to a family based on your spouse’s Social Security account.

The VA found me disabled. Won’t SSA come to the same conclusion?
Unfortunately, the SSA system does not gauge varying levels of disability, unlike the VA system. This means that while the VA system can find an applicant only partially disabled and therefore be eligible for benefits the SSA may determine that no disability exists.

A: Social Security Disability Insurance and Supplemental Security Income are both disability benefits, but they are not the same. Those who have contributed to social security during their work history and have accumulated enough credits, are eligible for SSDI. To determine eligibility for SSDI, Social Security will look at the earnings history, time in workforce and earned credits of an individual. A credit is earned roughly every quarter of the year a person works and earns at least a minimum amount of income (established each year by Social Security). You are usually eligible for SSDI if you have earned 20 credits out of the past 40 quarters. Eligibility for SSI benefits, however, are dependent upon the financial needs of an individual. SSI is not dependent upon prior work contributions and credit. SSI is awarded to those who make less than about $1400 monthly in income. All assets and earnings affect eligibility for SSI. If you have any questions about whether you qualify for SSI or SSDI, contact a social security lawyer.

Q: Do you need a social security lawyer if you plan to appeal your Social Security disability claim?

A: You do not need to have a social security lawyer in order to appeal your claim. That being said, if your case was denied after the initial review, it would be wise to seek the counsel of a social security lawyer. You will need to file for reconsideration first. Frequently, a claim is denied again after reconsideration. If you wish to appeal further, you will need to move on to the hearing process. It is strongly recommended that you have a social security lawyer for the hearing process. Your case has a better chance of being approved after a hearing, if you have the services of an attorney. You have peace of mind, as a social security lawyer will make sure that your claim is arbitrated fairly all the forms are completed correctly and on time. Should your claim win approval, an attorney can also assure that you get the most favorable onset date.

Q: Do I let my lawyer complete and submit all forms for social security disability benefits?

A: If you have hired the services of a social security lawyer, he will assure that your paperwork has been filed correctly and within the required deadlines. That being said, you should understand and know what paperwork is required. This is your case, after all, and you should be involved. Although the attorney will make sure you complete everything, some forms should be your responsibility. The initial application and any forms regarding your work history are most easily completed by you.

A: If you have one, your social security lawyer will explain your options when you have received a notice of overpayment. Your first option is to ask the SSA for what is called a “reconsideration.” You will do this when you believe that Social Security has made a mistake in considering you an overpayment. When requesting a reconsideration, you are essentially asking the SSA to give your file another look. If you meet with them, you may want to take a social security lawyer along, just in case.

If you agree with Social Security that your overpayment status is legitimate, you can ask for a waiver. When you request a payment waiver, you acknowledge that you were given too much money, but would like to be exempt from paying it back. Your social security lawyer will probably suggest this course if the overpayment was due to a mistake made by the SSA.

Lastly, if you think that the overpayment was your mistake, you will generally be required to repay the overpayment. Your social security lawyer or advocate will suggest you talk to Social Security about a payment schedule. This will allow you to repay the money as you are able. Aren’t sure whether you should request a reconsideration, waiver, or payment schedule? A social security lawyer can help you make the right choice.

Q: As somebody who is legally blind, am I eligible for social security?

A: According to Social Security, “legally blind” means your vision cannot be corrected to more than 20/200. And just as with most other disabilities, the legally blind are eligible for benefits in many cases. While you may want to speak with a social security lawyer about your specific case, in general you can look over the guidelines for eligibility under any other disability to determine whether you may be eligible.

In general, the legally blind are treated by Social Security in the exact same way as other disable persons. But because their disability is so severe, the legally blind can also get some extra benefits. You should speak to a social security lawyer about any extended benefits you can get for legal blindness.

Q: I’ve heard I can’t file for Social Security for 12 months after my disability. Is this true?

A: You do not have to wait 12 months to apply for benefits. The SSA defines a SSD eligible disability as one that keeps you from earning a substantial gainful income. In the “small print” it goes on to say that your disability either needs to be fatal, or to have lasted or be expected to last one year or more. Those that don’t work with a social security lawyer often take this to mean they have to wait until they’ve been disabled 12 months to apply. But a social security lawyer will tell you to apply right away.

It is important to note that there are many factors that will determine if you are eligible for Social Security Disability benefits, with concerns such as how old you are, how much education you have had, your work history, and your compliance with the terms of your medical treatment being some of them. Even if you conform to all of these requirements, there is still a chance that you will not be granted Social Security Disability benefits, which is why you may want to consider hiring the services of a social security lawyer.

A social security lawyer can collect information that will help prove your eligibility for SSD. Claiming Social Security Disability benefits can be a long and arduous process, oftentimes involving various forms and documents, and interviews with Social Security Administration representatives. A good social security lawyer will also be useful to you when you are denied a claim, and will therefore have to make an appeal for reconsideration before a judge. Since the appeal process can last as long as two years, and you may be denied more than twice at the minimum, hiring the services of a social security lawyer makes a lot of sense. With a social security lawyer, this process can be speeded up considerably.

It is important for you take your benefits claim seriously and to do what your social security lawyer suggests at all times. Many social security lawyers have had difficulties with clients that do not fulfill the terms of the medical requirement prescribed by their doctor. This may result in you being denied your benefits entirely.

Your social security lawyer is in a sense your partner when you are appealing for Social Security Disability benefits. You should work closely together in ensuring your lawyer wins your case as this will determine whether or not you are approved for benefits.

A: The first thing that will happen after you file for social security disability is the scheduling of the initial interview. The purpose of the interview is to provide the disability examiner assigned to your case with the basic background about your case and you. Your social security attorney will make sure you have all the applicable information and documentation for that first meeting with social security. You may not plan to hire a social security attorney, in which case you should get organized and assure that you arrive at that interview with all the necessary items. Bring a picture ID. If you do not have a photo ID, you will be asked a series of questions to confirm who you are. Provide a certified copy of your birth certificate. If you are married, bring your marriage certificate. If you have children, have supporting documents that confirm their status as your dependents. Provide a DD Form 214, if you were part of the armed services. Sometimes, your time in the military can increase the amount of benefits. After the disability case manager has confirmed your personal details, he will move on to the details of your case. Make sure you bring copies of your medical records and treatments for your current injury. Provide contact information for all your treating physicians. Finally, provide supporting documentation and details about your employment for at least the past decade. Hours worked and salary should be included. Again, if you plan to hire a social security attorney for the application process, it would be wise to meet with him or her prior to the initial interview. Having a social security attorney is not required for any part of the disability application process, but you will want to assure you come prepared to the first meeting. You can increase the likelihood that your case will be processed in a timely manner, if you make sure you have provided all the necessary information.

Q: How do you file an appeal if your application for social security disability is denied?

A: The next step after a claim for social security disability benefits is not approved is to make a request for reconsideration. You will need to file to have your claim reconsidered within 2 months of when your initial claim was denied. By failing to meet that deadline, you will probably have to file a brand new claim and start all over. Although it is not required that you have a social security attorney, it may be wise to seek the counsel of one now. Most claims for social security disability benefits are not awarded until after the next step, which is a hearing. It is recommended that you have representation of a social security attorney during the hearing process. A claim must first be reconsidered before an appeal for a hearing is made.

Q: What is the major pitfall when filing an appeal for a disability claim?

A: The major snare for disability benefits appeals is to miss deadlines. All reconsideration paperwork must be submitted within 60 days of the date of denial of the application. The expertise and experience offered by a social security attorney can be invaluable, if you are confused about appealing your claim.

A: You are not eligible to start receiving social security disability benefits until you have been injured for five months. You will really begin receiving payments the sixth month after the onset date of injury, since benefits are paid a month after they are due. If you are awaiting back pay benefits, they are usually paid within 2 months of approval. Please note that you will not be given backpay for the 5 month waiting period after your onset date. A social security lawyer can be of valuable assistance, if you wish to apply for retroactive benefits or have not yet received your anticipated first benefits check after your 5 month waiting period.

Q: If you are rewarded social security disability benefits, are your children also eligible for benefits?

A: Yes, your dependents might qualify for disability benefits too. If your child is less than 18 years of age and is not married, he can qualify. If your child is a student, he is eligible until he turns 19. If your husband or wife is 62 or older, he or she might be eligible for benefits. Your spouse might qualify, regardless of age, if he is supporting your children who are 16 or younger. The amount of benefits your qualified family members receive may be as much as half of the monthly payment amount to which you are entitled. Contact a social security lawyer, if you have any concerns about eligibility or applying for disability benefits for any of your family members.

Q: What happens when Social Security reviews my file after benefits have been awarded?

A: Social Security conducts regular reviews of all disability cases that were awarded benefits. When your claim is approved, a review schedule is set and is dependent upon the particular details of your condition. Most reviews are usually conducted every one, three, and seven years. Given the current backlog, however, reviews are not necessarily being conducted on that schedule. Because of that, you should be ready for a review at any time. Your file is reviewed periodically to assure that the most recent details about your condition are noted. Disability examiners are interested in determining whether your injury has improved, worsened or remains the same. If you are concerned about the results of a recent review of your file, it may be wise to seek the counsel of a social security lawyer. A social security lawyer will know how best to approach any resulting requested medical exams or reevaluation of eligibility for benefits.

A: As defined by the Social Security Administration, disability is the “inability to engage in any substantial gainful activity.” They determine substantial gainful activity according to the National Average Wage Index, which gives a dollar amount per month. The SSA considers an applicant to be working or employed at any time the that person “is the owner or part owner of a trade or business even if he or she does not actually work in the trade or business or receive any income from it.”

The money your business makes may have an effect on your social security disability. The income you receive from your business, regardless of who runs it, may be considered substantial if it exceeds a determined SGA (or substantial gainful activity) level. The SSA determines this SGA level by doing a comparison of the income of your business to the income you received before you became disabled, as well as to the income of a healthy individual doing the same business.

Q: What will happen to my claim if I die while in the process of applying for benefits?

A: The SSA states that when an individual who was or could have been eligible to receive social security benefits becomes deceased, surviving family member can request a Lump Sum Death Payment. What does this mean? If you die in the while your claim for social security benefits is pending, your family may be able to get some of the benefits you would have been eligible to receive after the waiting period. In order to receive the lump sum payment, your survivors must prove that you would have qualified for social security disability in the month of death.

Only certain close family members are eligible for these survivor’s social security benefits. When making the claim, the family will need to provide information and records about the deceased’s social security benefits eligibility and application (if there was one). The SSA will also want to see information about the deceased’s overall disability, starting at fourteen months before death.

Q: What will happen to my social security benefits, once I am already on them, and I die?

A: A person who has worked and paid social security taxes may be eligible for survivor’s benefits upon their death. For one’s family to be eligible for survivor’s benefits, up to 10 years of work is needed, depending on one’s age. Survivors’ social security benefits can be paid to:

• A widow or widower, who will receive full benefits at retirement age, and reduced benefits starting at 60
• A disabled widow or widower, starting at age 50
• Unmarried children under 18 (or up to 19 if attending high school)
• Currently disabled children who were disabled at less than 22 years of age
• Dependent parents who are 62 years old or older.