If you become disabled and your condition is expected to last for at least one year (or end in death), consider applying for Social Security Disability benefits. The sooner you start the application process, the less time you will have to wait for your benefits. The process can take a long time and require intensive documentation. It may be necessary to appeal a negative decision. The help of an attorney from Pitts & Zanaty, L.L.C. in Anniston, AL, can guide you through the complex and demanding process.
When to File
To qualify for benefits, a person must be disabled for a minimum of 12 consecutive months. Thus, it may not be a good idea for a person to file an application for benefits as soon as he or she becomes unable to work. If a person files long before the end of the 12-month period, it may be difficult to prove that the disability will last for at least one full year. The initial decision can take a number of months. If your claim is denied — which happens in a large majority of cases — the time it takes to appeal can last a year, two years or longer, depending on where you live. It is often wise to start early.
Where to File
To apply for Social Security Disability benefits, you need to complete an application and an Adult Disability Report (or a Child Disability Report, if you are applying on behalf of your child). You may fill out the application and report on the Social Security Administration's Web site, on the telephone or in person at a Social Security office.
Information You Will Need
The Social Security Disability application and report will ask for your work history and your medical history. Your medical history includes the doctors you have visited for your disability, the medications you have taken and the medical records that are in your possession. You will need to sign a release so that Social Security may speak with your doctors and review your medical history.
If you have an appointment with Social Security but you do not have all the information you think you will need, Social Security advises that you keep the appointment anyway. The employees will assist you in gathering the rest of the information.
You may be required to undergo a medical examination at no cost to you. It is important to attend this appointment in order to keep the process moving along and provide Social Security with the information it needs.
Consult an Attorney
The application process for Social Security Disability benefits may seem intimidating. The more information you have and the earlier you begin, however, the sooner you may qualify for benefits. An attorney from Pitts & Zanaty, L.L.C. in Anniston, AL, can answer your Social Security Disability benefits questions and help you through the qualification process.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
Frequently Asked Questions
The Social Security Administration (SSA) says that a successful applicant for disability benefits must be completely disabled. This is unlike some other programs and insurance policies that assist partially disabled persons. The disability must be a physical or mental impairment that is expected to last at least one year (or has already lasted one year) or will result in the applicant's death. This does not mean, however, that the applicant has to be permanently disabled.
If your application is denied, you may appeal the decision. There are several levels of appeal: reconsideration of your claim; a hearing with an administrative law judge (ALJ); review by the Appeals Council; and review by the federal district court. You have a limited time in which to file the appeals, however. The advice and assistance of an attorney can help you make a stronger case during the appeals process.
The Social Security Administration (SSA) says that you must not be able to perform "substantial gainful activity," which means the type of activity a person normally does for pay or profit. If your monthly earnings are below a certain amount (which SSA sets every year), however, you will not be considered to be performing substantial gainful activity. If you are receiving disability benefits but wish to try working, you can take part in nine months' worth of a work trial period, during which SSA will not stop your benefits if you are still disabled.
Yes. To receive Social Security Disability benefits, you must have both a disability and a sufficient work history. The required work history depends on your age when your disability began; you must have worked for a certain number of years. Your work also must be recent enough to qualify.
No. Your disability benefit will be based on your earnings history, not the specific nature of your disability.
The Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs are both run by the Social Security Administration (SSA). SSDI provides benefits to people who are unable to work because of their disabilities. To be eligible, applicants must have a qualifying work history and be disabled or blind. SSI is a needs-based program. To be eligible for SSI, applicants must have limited income and resources and be aged, disabled or blind.
Benefits typically are paid beginning in the sixth month after the disability started. The application and decision process may take a long time, so it is best to apply for disability benefits as soon as you become disabled.
Workers' compensation benefits may reduce your Social Security Disability benefits, but you can receive them at the same time. If the total benefits exceed 80 percent of your average current earnings, your Social Security Disability benefit will be reduced.
