Q & A on Social Security

Q: What is social security disability?

A: Social Security Disability benefits are available to individuals who meet the definition of disability as defined by the Social Security Administration.

Q: How does social security define disability?

A: To be eligible for benefits, a person must be unable to engage in any kind of substantial gainful work activity because of a physical or mental impairment (or a combination of impairment) which are expected to last at least twelve months or result in death.

Q: Are there different types of social security disability?

A: Yes, social security disability (SSD or Title II) is a program that workers, employers, or self-employed individuals pay into the social security administration by way of taxes. You qualify for these benefits based on your work history and the amount of benefits you have paid in. Supplemental Security Income (SSI or Title XVI) is a program designed to pay benefits for people who have a disability and have not paid in enough to qualify for social security disability.

Q: When should I apply for social security disability?

A: You do not have to wait until you have been disabled twelve months. If you have sustained a serious injury or suffer a serious illness and expect to be out of work for a year or more, you should not delay in filing a claim.

Q: How do I apply for social security disability benefits?

A: You may contact the Social Security Administration by telephone at 1-800-772-1213 and arrange for a telephone interview to file your claim, or you may go to your nearest social security office in person and file your claim. It costs you nothing to file a claim.

Q: How long does it take to get approved for social security disability benefits?

A: From the initial filing of your claim, to the date you are approved, will depend on whether you are approved at the initial filing, or you have to go through the two appeal steps, which are Request for Reconsideration and Request for Hearing, before an Administration Law Judge. If you are approved at the initial filing, it takes approximately ninety to one hundred and twenty days. If you have to go through the two-step appeal process, it generally takes approximately one year.

Q: If I am approved for social security disability benefits, how much will I get?

A: Disability Insurance benefits depend upon how much you have worked and earned in the past. Also, it depends upon the minor children that you may have in the home. Once you are approved, the Social Security Administration will set out, in detail, the benefits that you are entitled to.

Q: At what point should I retain the services of an attorney?

A: We recommend that you contact an attorney immediately to discuss your claim. Our office will assist you from the initial filing, all the way through the appeal process. We find generally that most people are denied at both the initial and the Reconsideration stages. A hearing is generally required. It takes several months to develop a case properly so that it can be adequately presented.

Q: Can I receive social security disability, while I am receiving workers' compensation benefits?

A: Yes, ordinarily disability payments from other sources do not affect your social security disability benefits. If the disability payment is workers' compensation, or another public disability payment, your social security benefits may be reduced.

Q: How much do I have to pay an attorney to help me get benefits?

A: The attorney is entitled to twenty-five percent (25%) of the back pay only, up to a maximum of $5,300.00. There are circumstances where an attorney can file a Fee Petition to be awarded additional fees, depending on the nature of the case. Our Attorney/Client Agreements detail these fees. All fees must be approved by the Social Security Administration.

Q: What type of social security cases does your firm handle?

A: Our office handles social security disability (Title II or SSD) and concurrent (social security disability and SSI combined cases). We do not handle SSI only cases or SSI children cases at this time. If you are unsure as to the type of claim you have, fee free to call for a free consultation.