Social
Security Disability - SSDI
Frequently Asked Questions
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| Q:
Who is entitled to Social Security disability benefits? |
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A: There are a number of different disability programs
in the Social Security system. In order to qualify
for any of these programs, a person must be considered
disabled as defined by the Social Security Act.
Social Security defines disability as the inability
to engage in any substantial gainful activity by
reason of any medically determinable physical or
mental impairment(s) 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. Children may also qualify for Social
Security benefits if they have a significant impairment
that affects various aspects of their life. There
are different guidelines for disabled adult children
and disabled widows or widowers. |
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| Q:
What is the difference between SSI and SSDI? |
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A: SSI and SSDI refer to the two main categories
of Social Security benefits that are available.
SSDI applies to those people that have sufficient
quarters of coverage, based upon their past earnings,
to qualify for disability insurance through Social
Security. This generally means that someone who
has earnings in five out of the last 10 years would
qualify for SSDI benefits. These rules are different
for people that are age 31 or younger. The five
years do not have to be continuous in order to qualify.
A person's assets or family income does not matter
in terms of qualifying for SSDI benefits. SSI benefits
are for those people who do not have enough quarters
of coverage. A person's assets or other family income
will be a factor in determining whether a person
will qualify for SSI benefits. SSI is meant for
people that can show a financial need and, therefore,
there are limits on assets and family income. Under
either program, the person must also demonstrate
a disability. |
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| Q:
Do I have to wait a certain amount of time before
I apply for Social Security benefits? |
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A: No. A person who has become disabled may apply
immediately as long as their disability is expected
to last at least 12 months. The date of application
may affect benefits when applying for SSI benefits.
The rules are different with SSDI claimants. The
SSDI benefits can be paid for one year prior to
the date of application. However, a person is not
entitled to benefits for the first five months after
they become disabled. This is what is called the
"waiting period." A person's benefits
may be affected if they wait more that 17 months
after the date of disability before they apply. |
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| Q:
How do I apply? |
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A: To apply for disability benefits you need to
contact the Social Security Administration. The
number to call is 1-800-772-1213. This number is
quite frequently busy. A person can also get information
through their web site at www.ssa.gov. |
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| Q:
Do I need an attorney? |
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A: There is no requirement that you have an attorney
represent you in the Social Security process. Statistically,
however, it more likely that you will be able to
win benefits if you have an attorney represent you
than if you pursue the benefits on your own. There
are a number of rules and regulations, including
medical/vocational guidelines, listings, and the
Social Security Act that may apply to a given case.
An attorney that is experienced in the Social Security
field and understands these rules and regulations
can be helpful in getting benefits awarded. An attorney
will also be able to present your case to an Administrative
Law Judge who hears Social security claims. |
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| Q:
How much does it cost to hire an attorney? |
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A: The Social Security Act controls what attorneys
may charge. Generally, attorneys charge a fee based
upon the amount of the back Social Security award.
This usually amounts to 25 percent of the past due
benefits up to a maximum of $5,300, whichever is
less. There may some out-of-pocket expenses that
must be paid as well. |
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| Q:
Who is involved in the disability process? |
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A: There are a number of steps in the disability
process. The first step is applying. Once an application
is made, Social Security will obtain medical records
and other relevant information regarding the claim.
This step usually takes three to six months. A decision
will be sent to the person. If that is unfavorable,
a person has 60 days to appeal to what is called
the reconsideration level. The case is updated and,
again, reviewed by Social Security. If the claim
is denied again, a person has 60 days to request
a hearing. It generally takes six to 12 months before
a hearing is held. The hearing is in front of an
Administrative Law Judge and may also include a
medical expert or vocational expert hired by Social
Security to give testimony. If the Judge turns down
the case at that level, a person has appeal rights
to the Appeals Council and then on to the Federal
District Court System. This process, from application
to hearing, generally takes approximately 18 to
24 months in Kansas. |
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| Q:
How can Social Security say I don't qualify when
my doctors say I can't work? |
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A: This is a question we hear quite frequently.
There are a number of reasons why Social Security
turns down cases in which the person's doctor indicates
that person is disabled. It is impossible to give
all the reasons why that occurs. However, it is
important to realize that it does occur quite frequently.
It is also important to understand that simply because
Social Security has said you do not qualify does
not mean that you should give up. A person who has
a doctor that is indicating that they cannot work,
most likely should continue to pursue the Social
Security claim despite Social Security's denials.
Many cases that are denied at the initial two stages
are awarded at the hearing level when the case is
reviewed by a Judge who is not bound by the earlier
decisions. |
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