Frequently Asked Questions

1.How does someone apply for Social Security disability benefits?

  A. A person may go to the nearest Social Security office and file the claim in person or contact Social Security by telephone and arrange for a telephone interview to file the claim.

2. What are the different types of Social Security disability benefits available?

  A. There are several types of Social Security benefits available for persons who are disabled. Disability Insurance Benefits is the most common type. To qualify, one must meet the definition of disability under the Social Security Act and be "insured". Generally, to be insured, one must have worked and paid a threshhold amount of Social Security taxes for a combined total of 5 out of the past 10 years prior to becoming disabled. The rules are somewhat different for persons under 30. 

     Disabled Widow's and Widower's Benefits are paid to individuals who are at least 50 and become disabled within a certain amount of time after the death of their husband or wife.   Adult Child Benefits are for persons who have become disabled before age 22 and are the children of persons who are deceased or who are drawing Social Security disability or retirement benefits.

     Supplemental Security Income benefits (SSI), is a welfare benefit not actually tied to the Social Security trust funds, but is administered by the Social Security Administration, because the definition of disability is the same as it is for those applying for Disability Insurance benefits. To qualify, one must have income and assets below a certain amount and be disabled. 

     SSI is also available for children under the age of 18 who are disabled. The way in which disability is determined different for children than adults.
 
3. How does Social Security define disability?

  A. Under the Social Security Act, "disability" means "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months."

4. When will my benfits start?

  A. For Disability Insurance benefits, payments will begin 5 months after you are determined to be disabled or one year prior to the date you apply for benefits, whichever is the later date. For SSI, benefits will begin the first of the month following the date of your application, or the date you were found disabled, whichever is later.

5. What recommendations would you make to improve the chances of an individual receiving Social Security disability benefits?

  A. Be honest and do not exaggerate. Often times a claimant will say they can only sit for 10 minutes at a time or can't lift over 5 pounds, when this obviously is an exaggeration. The Social Security adjudictor will probably find this claimant not very credible or reliable.

     Be consistent with your medical treatment. If you have pain or other symptoms, and don't get medical treatment, the adjudicator will most likely feel that your symptoms are not so bad, otherwise you would be seeking treatment.

     Follow medical advice. Take your medication as prescribed, quit drinking and/or smoking, lose weight, exercise and stretch as tolerated.

     Don't get arrested! Getting arrested can affect your credibility perception to the adjudicator.

     If you have symptoms, let your doctor know and ask him or her to document your complaints in your medical file. When the adjudicator reviews your medical records, if the complaints aren't in the report, he won't believe your testimony when you say you've had these symptoms.

     Be careful when you fill out reports, especially work history reports. If you don't know the answer to a question, don't guess. Put down, "I don't know or I don't remember". The Social Security Administration has a detailed record of all your past jobs and how much you made with each employer. You can ask them to provide a "DEQY" report to you, to refresh your memory. Also, if your job was really 2 jobs in one, for instance cashier/stocker, make sure you explain this in the work history report.

     There are unscrupulous tax preparers who may try to talk you into filing a tax return to receive "Earned Income Tax Credit". They will advise you to say you had self-employment earnings, when you actually did not. Not only is this fraud, but it is a sure way to lose your disability claim.

     Do not assume Social Security will obtain all relevant medical information. Find out what records are in your Social Security claims file, and if they don't have records you feel are pertinent, ask them to get those records. If they don't or won't, get them yourself and provide them to the adjudicator.

     If you file for unemployment compenstion, you must sign a statement that you are ready, willing and able to work. Many people with disabilities feel they are able to work if an employer will make accommodations. If you apply for unemployment compensation, attach a letter to your application that you are ready, willing, and able to work, but you have certain disabilities and limitations and need accommodations. Often an adjudicator will deny a claim because they will find it is inconsistent for someone to say they can't work and at the same time say they are ready, willing and able to work.

     Hire an experienced person to represent you. The Social Security claims process is complicated. Even if you feel you could qualify for benefits without a representative, it is still a good idea to hire a representative before even applying for disability. If your claim is approved initially, the fee is usually very small. If your claim is denied and you appeal, you may have made some mistakes in filling out forms and it could come back to hurt you later on. Further, there are many issues outside the area of disability determinations which a representative can help you with. A qualified and professional representative will advise you and answer all your questions and concerns.

  6. If a person qualifies for Social Security disability benefits does he or she also qualify for Medicare?

If an individual qualifies for Social Security disability benefits they wil qualify for Medicare after being entitled to Social Security disability benefits for two years.

Newspaper Articles Regarding Social Security andd Medicare.

Gloomier-Than-Expected Forecast For Medicare

Insolvency looms for federal entitlement programs, government warns

Senate Considers Potential Social Security Changes

Examining the Impact of Social Security on the Budget

McConnell Seeks Cuts to Medicare and Medicaid in U.S. Debt-Cutting Talks