Resources

Social Security Disability Resources

FAQ’s

Our team at Disability Associates understands that the process of filing for Social Security Disability benefits can be complicated, frustrating, and overwhelming. We work with our clients to simplify and help them better understand this process. Our over 25 years’ experience in handling social security disability cases gives us the expertise to answer the most common questions to the most complicated questions people have regarding Social Security Disability benefits.

Disability Associates is always here to help. Feel free to contact us if you have any other questions or want more detailed answers.

What does “disability” mean?

The definition of disability is different under the terms of The Social Security Administration. With strict eligibility requirements, a person is only considered disabled if they have a physical or mental disability or a combination of the two that is severe enough to keep them from working for at least 12 months.

Who pays benefits?

Social Security Disability benefits come mainly from two sources: the Social Security Disability Insurance program and the Supplemental Security Income program. Sometimes, a disabled worker also can collect from worker’s compensation insurance. In the event that an injured worker receives workers’ compensation benefits, the amount Social Security pays may be reduced. Social Security does not pay short-term or partial disability benefits.

How is eligibility determined?

Eligibility for Social Security Disability benefits is determined by the severity of the disability. A person must be unable to work for a year or more due to their disability. If your disability is catastrophic–you have terminal cancer, you are on a waiting list for a heart transplant, or you have lost the use of both legs, for example–the Social Security administration will consider you eligible for benefits. If your disability is not as clear cut, the application process could be more complicated.

What if I have more than one condition?

If you have more than one health problem, the Social Security Administration is supposed to consider the combined effects of all your impairments in determining eligibility.

How is the Decision Made?

Your claim is sent to a Social Security Disability claims examiner to determine eligibility. If the claim is denied–and about 70% are on the first time through the system–you may request reconsideration. If the second examiner denies the claim, you may request a hearing before a federal administrative law judge.

What about benefits for a disabled child?

If you have a disabled child under the age of 18 and your family meets federal income requirements, the child could qualify for Supplemental Security Income. A child may also be entitled to disability benefits on the earnings record of a parent if that parent is deceased or disabled and the child became disabled before age 22.

Do I need a Lawyer?

The federal government does not require applicants to have legal representation, but it’s still a good idea. The Social Security Administration says that claimants who have attorneys have a better chance of a successful result. The Disability Associates legal team has more than 25 years’ of experience handling disability cases. We can help you from the beginning of the process to the end. If you’ve tried on your own, and your application has been denied, we can file your appeal.

How do Disability Attorneys get Paid?

Most of the time, attorneys’ fees are one-quarter of past due benefits for a successful claim. If the claim is denied, the attorney receives no fee. In any case, the fee will not affect your monthly benefit, and it cannot exceed $7,200.

Additional Resources

For more information regarding Social Security Disability benefits, check out these great resources:
http://www.socialsecurity.gov

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