Frequent Social Security Disability Questions

Under the Social Security system, disability is defined as “inability to engage in any substantial gainful activity because 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 not less than 12 months.”

You can apply for Social Security disability benefits in person through the closest Social Security office or online at http://www.ssa.gov/. You can also call an attorney for advice or assistance in applying.

If your application is denied, you have 60 days to appeal by filing a “Reconsideration.” If your claim is denied again, you will have 60 days to appeal again by filing a form to request a hearing before an administrative law judge. If an administrative law judge denies your claim, you will have 60 days to file a form to appeal to the appeals council. If the appeals council denies your claim, you will have 60 days to file a lawsuit in federal court.

Social Security disability is applicable when people are working and paying social security taxes. Federal Insurance Contributions Act (FICA) taxes are withheld by the Social Security Administration when wages are paid.

If you work and earn enough credits, you become insured for a disability benefit. Generally, you need to work five years out of the last ten years before you can become disabled under the Social Security Disability program. If you are awarded Social Security disability benefits, you will eventually receive Medicare. Supplemental Security Income (SSI) is a need-based program administered by Social Security and funded by general federal tax revenues. Supplemental Security Income (SSI) pays monthly benefits to the elderly, the blind, and people with disabilities with low incomes and very limited assets. You will also begin receiving Medicaid if approved for Supplemental Security Income (SSI).

You are not required to get an attorney to represent you in your claim for disability benefits. However, the social security disability system is very complicated and involves many rules, regulations, and court decisions requiring interpretation and application to your particular circumstances. Getting an experienced attorney in this area of the law can greatly assist in getting your claim approved.

Law Office of Rodney F. Durham only charges a fee if your claim is approved. If your claim is approved, the Social Security Administration generally approves a fee of 25 percent of past-due benefits. If no past-due benefits are paid, there will be no attorney fees.

No. You cannot receive partial Social Security disability benefits. However, suppose your condition worsens (to the point where you’re unable to perform work on a full-time basis). In that case, you may become eligible for disability benefits.

Suppose a parent is deceased, retired, or disabled. In that case, children under 19, who have not graduated from high school, or are disabled before age 22 are usually entitled to benefits. The total benefit amount dependent children receive is 50 percent of the parent’s monthly Social Security check.

If found disabled and eligible for Social Security disability, you must wait five months after the established onset date of disability before becoming eligible for cash Social Security disability benefits. Then, you must wait two years from the date you are eligible for Social Security disability benefits before you’re eligible for Medicare benefits. So, Medicare benefits don’t begin until 24 months from the established onset of disability.

You cannot draw additional social security benefits after age 65 (or a later retirement age) due to disability.

Yes, at age 60, a widow is eligible for social security benefits without being disabled. A widow must be found disabled between the ages of 50-59 to receive disabled widow’s benefits.

A person who suffers serious illness or injury and expects to be out of work for a year or more should not delay filing a claim for social security disability benefits. You should file your claim immediately if you believe your injury or illness is serious.

You do not have to wait until the workers’ compensation checks stop. You should file the Social Security disability claim as soon as possible.

Social Security should order your medical records and evaluate your health problems, as well as your age, education, and past work experience. Suppose they decide that you are unable to do your past work. In that case, they should consider whether there is any other work that you can do considering your impairments, age, education, and past work experience.

It is best to contact our office during business hours by telephone. However, you may use any of the methods of communication set out on this page or our Contact Us page.