Social Security Disability FAQs

If you have a disability and are (1) completely unable to work or (2) unable to work full time, it is time to apply for disability with the Social Security Administration.

You can apply for SSD benefits online, in person, or by phone. When you file a claim in person or by phone, an SSA representative will interview you and complete the application for disability benefits and the Adult Disability Report.

We help qualified claimants apply for Social Security Disability Insurance benefits and will file a concurrent Supplemental Security Income (SSI) claim but do not oversee initial SSI applications.

For Disability Insurance, Disabled widows’ or widowers’ benefits, or Disabled Adult Child benefits, it does not matter how much money you have. You must go through a financial screen to ensure you do not exceed the resource limits for SSI, but you do not need an empty bank account to apply.

There is no age limit to qualify for Social Security Disability. In fact, under the right circumstances, one may qualify from childhood until retirement age.

To qualify for SSDI benefits, you must have earned a certain number of work credits and meet Social Security’s definition of disability.

Most individuals need forty credits to qualify for SSDI, twenty of which must have been earned in the last ten years, ending with the year you become disabled. However, younger workers may qualify with fewer credits.

You can use your My Social Security online account to get your Social Security Statement, review estimates of your retirement, disability, and survivors’ benefits, plus your earnings record.

There are many reasons to apply for Social Security disability. In addition to cash benefits, you also qualify for medical health insurance benefits. SSI recipients qualify for Medicaid immediately, and SSDI recipients qualify for Medicare after two years of benefits.

Predicting your chances of winning is impossible due to the number of factors that go into a Social Security disability decision, but we can look at the statistics.

The SSA will consider factors including age, education level, work experience over the past 5 years, and medical conditions.

It does not matter whether there are jobs in your immediate area or a specific job vacancy exists. You must prove your condition keeps you from working, regardless of high unemployment.

There are at least five types of Social Security disability benefit claims: Disability Insurance, Disabled Widows or Widowers, Disabled Adult Child, Supplemental Security Income, and Child SSI.

If you do not have enough work credits and have limited income and assets, you should apply for SSI. Anyone with enough work credits (quarters of coverage) should apply for Social Security disability. In some situations, you may need to apply for both.

Disabled widows and widowers can receive benefits as early as age 50 if they were disabled before or within seven years of the wage earner’s death.

A surviving divorced spouse can collect benefits on the record of a former spouse as early as age 50 if they are disabled, were married to the former spouse for at least ten years, and are not entitled to a higher benefit amount on their own record.

You do not have to hire an attorney. However, studies show that claimants whom an attorney represents have a higher chance of success than unrepresented claimants.

Social Security lawyers can only charge 25% of the “past-due” benefits you are awarded, up to a maximum of $9,200. The attorney will be paid only out of your past-due benefits.

The steps in the SS disability application and appeal process are:

1. Apply for Benefits
2. File a Request for Reconsideration
3. File a Request for Hearing
4. Request a Review by the Appeals Council
5. File a Lawsuit in Federal Court

The most important thing you can do to give yourself the absolute best chance of winning is to submit ALL relevant medical records to the Social Security Administration or have your attorney give them to the SSA.

The Social Security Administration manages the SSI program. SSI makes monthly payments to people who have low income and few resources and are age 65 or older, blind, or disabled.

To be eligible for disability benefits, a person must be unable to engage in substantial gainful activity (SGA). However, it is possible to work and receive Social Security Disability benefits while working.

Supplemental Security Income (SSI) benefits are available to anyone who is disabled, has limited income and resources, files an application, and meets certain other requirements to qualify for SSI.

Under SSI, income includes cash, checks, and other things you get that can be used for food or shelter. A single person can have resources worth up to $2,000 and still get SSI.

There is no statute of limitations on filing an application for benefits, but appeals must be filed within a certain amount of time, usually 60 days.

If you are the surviving spouse, you may be eligible to pursue the claim and receive payments. However, only the claimant’s spouse is eligible to receive payments for an adult SSI claimant.

You can check the status of your claim online. If you do not have online access or are otherwise unable to check the status of your application online, you may also call the SSA.

Social Security advises that it may need up to 180 days to issue a decision on a Social Security Disability Insurance (SSDI) or SSI claim.

Social Security has a backlog of cases. There are so many open disability cases that it takes a long time for the SSA to process all the claims.

You can request a quicker decision with a “dire need letter.”

The most common abbreviations in Social Security disability claims are SSD/SSDI, AOD, and CE: Social Security Disability Insurance, Alleged Onset Date, and Consultative Exam.

Alleged onset date (AOD) is more of a legal term than a medical one. Social Security is not asking for the onset date of your medical conditions. Social Security is really asking, “When did you need to stop working full-time due to your medical condition?”

Most SSDI or SSI claims are initially processed through and decided by your local Social Security Administration (SSA) field office and state agencies. Claims are decided by Administrative Law Judges (ALJs) at the hearing stage.

Social Security disability examiners determine an applicant’s medical eligibility for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claims.

A claims representative (CR) works in the district office and assists individuals in establishing entitlement to disability benefits.

Disability Determination Services (or DDSs) is a network of local SSA field offices and state agencies that review disability claims.

The Virtual Screening Unit is a stage between the reconsideration and hearing stages. Senior attorneys review claims to determine whether a decision can be made “on the record” without a hearing.

You need to appeal in a timely manner if your claim is denied.

If you leave out vital information in your application, a lawyer may be able to help you turn things around on appeal; however, there is no guarantee.

Your time to file an appeal is limited to 60 days after you receive the notice of our decision to file an appeal. The SSA presumes you received the letter five days after it was mailed.

You can appeal a denial online or request the appeal paperwork by mail by calling 1-800-772-1213.

There is no set time limit to process an appeal, and there is no way to know exactly how long a Social Security disability appeal will take.

The SSA’s three levels of administrative appeal are Request for Reconsideration, Request for Hearing Before an Administrative Law Judge, and Request for Review by the Appeals Council.

The judge and your attorney will ask about your limitations. If a medical or vocational expert is present, the judge and your attorney may also question the expert.

You will be asked to testify about your work history, medical conditions, and resulting impairments.

You can file an appeal with the Appeals Council or start a new claim if you lose at your Social Security disability hearing.

If you disagree with the Appeals Council’s decision, you can go to the last level of the appeals process: filing a civil suit in a federal district court.

To be considered disabled by Social Security, your impairment must have prevented (or be expected to prevent) you from performing Substantial Gainful Activity for at least twelve months .

There are no “automatic” wins in Social Security Disability claims. Some conditions are more likely to win than others, and some conditions are more likely to win earlier in the disability review process than others.

Your residual functional capacity, or RFC, is what you can do despite your limitations. Social Security will assess your RFC based on all the relevant evidence in your case record.

Disability claims for mental health conditions are commonly denied because mental health specialists’ notes may not be incredibly detailed, or there may be a lack of medical records altogether if you do not see a mental health doctor.

Social Security must evaluate all your conditions in making a disability determination, including those not categorized as severe.

Having diabetes by itself usually will not qualify you for Social Security disability, but most diabetic applicants suffer from related medical problems and symptoms that limit their ability to work.

Cancer claims are often denied based on the “one year rule,” which states that the condition must be expected to remain severe enough to prevent work activity for at least twelve continuous months.

Social Security upholds that a migraine headache disorder rarely prevents a person from working for twelve months, but exceptions exist.

If Lyme disease keeps an individual from being able to work eight hours a day, five days a week, such individuals may be eligible for Social Security disability.

Because you cannot see fibromyalgia on an X-ray or MRI, many judges (and doctors, for that matter) are skeptical as to the existence and severity of the impairment.

Failure to follow a doctor’s orders or prescribed mode of treatment is a straightforward way for your claim to be denied. Your non-compliance will be noted in the medical records.

A medically determinable impairment results from anatomical, physiological, or psychological abnormalities, which can be shown by medically acceptable clinical and laboratory diagnostic techniques.

Medical evidence is the cornerstone of disability determination. The SSA will consider evidence from your treating providers and consultative exams.

Per CFR § 404.1513, subsection (a), acceptable medical sources are licensed physicians, licensed or certified psychologists, licensed optometrists, licensed podiatrists, and qualified speech-language pathologists.

You can collect SSDI, LTD, and WC benefits simultaneously, but there may be set-offs where the total benefit amount typically cannot exceed what you made before you went out on disability.

You can collect early retirement while applying for Social Security disability benefits. Once found disabled, you can collect disability pay until you reach full retirement age, when you will collect full retirement.

The VA determination does not bind the SSA, which has separate rules and regulations regarding qualifying for disability benefits.

The best place to find an estimate of how much you will receive if you win your claim is your personal Social Security Statement. You can go to SSA.gov to download a copy of Your Social Security Statement.

You may also qualify for a “lump sum” back payment and Medicare (however, there may be an additional wait before Medicare starts).

SSDI claims are subject to a 5-month “waiting period” wherein the Social Security Administration (SSA) does not pay the claimant any disability benefits until the 6th month after the onset date.

If your application or appeal for Social Security disability is approved, you may be eligible for state or federal health insurance, which may help pay some of your medical bills.

Drugs and alcohol are a problem because the Social Security Administration may deny benefits where it finds such use is a “material contributing factor” to the disability.

This notice may mean your records show a misspelled name, nickname, or alias. Respond to Social Security with any requested information so your application moves forward.

Under certain circumstances, special extra earnings for your military service from 1957 through 2001 can be credited to your record for Social Security purposes.

The Baker Act provides legal procedures for mental health examination and treatment, including voluntary admission, involuntary examination, and involuntary inpatient or outpatient placement.

If you file an individual federal tax return and your total income is greater than $25,000, or you file a joint return with a combined income greater than $32,000, then yes, you must pay federal income taxes on your Social Security Disability benefits.

The federal government can garnish “regular” Social Security benefits in several circumstances. SSI benefits can never be garnished.

You can use the SSA’s online form to report fraud, waste, and abuse allegations in SSA disability programs.

The best time to hire a Social Security disability attorney is as early as possible in the claim process, typically right after you’ve been denied benefits.

No! You can work with a Social Security disability attorney anywhere in the country. The Ortiz Law Firm is a national disability law firm representing claimants in all 50 states.