1.
What does
Social
Security
consider
"disabled"?
Generally,
to be found
disabled, you
must be able
to prove
that you cannot
perform any
of your past
work and
any other
work. You
must also
show that
your disability
has lasted
more than
12 months,
or will be
expected
to lat for
at least 12
months or
result in
death. Disability
is defined
as "the
inability
to engage
in substantial,
gainful activity
by reason
of medically
determinable
physical
or mental
impairment
which can
be expected
to result
in death or
which has
lasted or
can be expected
to last for
a continuous
period of
not less
than 12 months".
(Top)
2.
What are
four
major
types
of Social
Security
disability
benefits?
a.
Disability
Insurance
Benefits
(DIB) go
to people
who have
worked in
recent years
(five out
of the last
ten years
in most cases)
and who are
now disabled.
Auxiliary
benefits
may be payable
to a worker's
dependents.
b.
Disabled
Widow's and
Widower's
Benefits
are paid
to people
who are at
least 50
and become
disabled
within a
certain amount
of time after
the death
of spouse.
The deceased
spouse must
have worked
enough to
be insured
under SS.
c.
Disabled
Adult Child
Benefits
(DAC) go
to the children
of persons
who are deceased
or who are
receiving
SS disability
or retirement
benefits.
The child
must have
become disabled
before age
22. Generally,
benefits
are paid
based on
the SS earnings
record of
a parent.
d.
Supplemental
Security
Income (SSI)
benefits
are paid
to individuals
who are poor
and who are
disabled.
It does not
matter for
SSI whether
a person
has worked
in the past
or not. The
individual
has to meet
income and
resource
requirements. (Top)
3.
Who decides
if
I am disabled?
After
you file
your application,
the case
is sent to
a disability
examiner
at Disability
Determinations
Services
(DDS). This
individual,
working with
a doctor
hired by
DDS, makes
the initial
decision
on the claim.
If the claim
is denied,
the next
step is to
appeal and
request a
hearing except,
in the other
states such
as Mississippi,
where there
is a second
consideration
or reconsideration
step before
the hearing
level. Then
the case
is sent to
the Office
of Hearings
and Appeals.
The case
is sent to
an Administrative
Law Judge
who works
for SS. NOTE:
If a request
for hearing
is not filed
within 65
days from
the date
of denial,
a new application
will have
to be filed
and claimant
may lose
potential
benefits
unless claimant
can show
good cause
for not appealing
on time. (Top)
4. If approved
for disability,
how much money
will I receive?
It depends
on how much
you have worked
and earned
in the past.
A yearly earnings
record sent
by SS will
give you an
estimate. This
can be requested
from SS. (Top)
5. How far
back will SS
pay benefits
if I am found
disabled?
Generally,
12 months from
the date of
application
for social
security disability
benefits, provided
you have been
disabled far
enough back.
There is also
a 5 month waiting
period. SSI
benefits start
with the first
full month
after the claim
is filed. (Top)
6. How long
does it take
to get a hearing?
The
process is
speeding
up with more
judges being
appointed by
SS. However,
it currently
takes approximately
6 months to
a year from
the date you
file a Request
for Hearing.
In all cases,
we try to get
the claim pushed
through as
quickly as
possible. Those
claimants who
are unable
to obtain medical
treatment,
who are destitute
and/or who
have serious
disabilities (cancer,
transplant,
etc.), claims
are expedited.
(Top)
7. What is
the SS hearing
like?
The hearings
are fairly
informal. The
only people
who are usually
there are the
judge, a secretary
operating a
tape recorder,
the claimant,
the claimant's
attorney and
anyone the
claimant has
brought with
him/her to
the hearing.
In some cases,
the judge has
a doctor or
vocational
expert present
to testify
at the hearing.
There is no
jury and there
will not be
an attorney
representing
SSA. (Top)
8. Can I work
and still try
to get disability?
In some instances,
yes. It depends
on how much
you earn and
how long you
work. Generally,
if a person
tries to work
even full time
and the work
is terminated
in less than
3 months because
of the impairments,
it will not
count against
the claimant.
(Top)
9. Will I
get medical
assistance
if awarded
benefits?
Yes.
If you are
awarded
disability
benefits, you
will become
eligible for
Medicare 24
months after
your date of
entitlement.
If you are
awarded SSI
benefits,
you become
eligible
for
Medicaid. (Top)
10. How long
can I receive
disability
benefits?
You can receive
SS disability
benefits until
retirement
age. When you
reach retirement
age, your disability
benefits automatically
convert to
retirement
benefits, but
the amount
remains the
same. (Top)
11. If I win
my case, how
long will it
take before
I get my money?
It
usually takes
4-6 weeks
after a decision
is rendered
before benefits
are received.
(Top)
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