SOCIAL SECURITY DISABILITY FAQ

Q: How do I qualify for Social Security Disability or Supplemental Security Income benefits?

A: In order to qualify for benefits, you must first have worked in jobs covered by Social Security. Then you must have a medical condition that meets Social Security's definition of disability. To be considered disabled by Social Security you must not be able to do work that you did prior to injury/hospitalization and be unable to adjust to other work because of your medical condition(s). Your disability must also last or be expected to last for at least one year. To obtain disability benefits, you must meet two different earnings tests. The first is a “recent work” test, which is based on your age at the time you become disabled. The second is a “duration of work” test to show that you worked long enough under Social Security.

Q: When should I apply for Social Security Disability or SSI benefits?

A: If you feel that you may qualify for disability benefits through the Social Security Administration, you should file an application for Social Security Disability or SSI as soon as you are eligible. Most claimants are eligible to apply the day after they cease working or the day after their monthly earnings drop below $900 a month.

Q: How do I apply for Social Security Disability or SSI benefits?

A: To apply for benefits, simply contact your local Social Security Office and state that you wish to file an application.

There are a few different methods available to potential claimants in filing claims. They may file for disability online or they can go to the Social Security office with an appointment or as a walk-in.

Q: How is the decision made for my SSD or SSI disability claim?

A: There are a number of factors that can influence decisions on SSD and SSI benefit claims, but, ultimately, the approvals & denials made by the Social Security Administration are based solely on medical evidence.

All applications for Social Security Disability or SSI benefits are sent to Disability Determination Services (DDS). The first thing the DDS examiner will do with a claim is to request the medical records. It is of then utmost importance to report every doctor and medical facility you have gone to for treatment, including addresses and phone numbers. The records obtained by the disability examiner must also include recent treatment (at least within the last two months).

A case can literally be slowed down for weeks or months as a result, or worse, be decided without crucial evidence being reviewed if this information is not reported accurately, resulting in denial of the claim.

Q: What kind of evidence is used to evaluate and decide my disability benefit claim?

A: Medical evidence takes many forms, including notes from the physician, mental health records, blood work panels, and reports of imaging studies, such as MRI, CAT scan, and x-rays. Chiropractor's records are not considered evidence by the Social Security Disability program since chiropractors are not medical doctors. However, any x-rays taken by a chiropractor are admissible as evidence.

The records that carry the most weight, however, are those from a personal doctor, or Treating Physician. This is because a Treating Physician will generally know a claimant's medical condition better than any other source. The notes from the Treating Physician should be as detailed as possible, outlining symptoms, diagnosis, prognosis and functional restrictions to back up the claim.

Q: How long will it usually take to get a decision on a Social Security Disability or SSI claim for benefits?

A: Social Security Disability and SSI cases can be won in as little as 30 days, or take as long as two years for benefits to be awarded. On average, a decision for an Initial Claim takes three to four months. There is really no way to predict how long a case will take because unlike other government programs, the federal disability program does not have deadlines for applications or appeals.

Claimants whose Social Security Disability (or SSI) cases are denied at the Reconsideration level (the first appeal after the denial of the initial claim) will have to wait for a hearing to be scheduled before an Administrative Law Judge.

This routinely takes six months or longer (and in some parts of the country, the wait can be as long as 18 months), but, ultimately, this depends on the number of cases pending at the Hearing Office, which varies considerably by geographic area.

Q: If my social security disability or SSI claim is denied, what do I do?

A: If you are denied on your Social Security Disability or SSI benefit claim, you have 60 days to request an appeal, but it is best to request an appeal immediately. Most disability claims that are denied are not appealed. Claimants either do not wish to continue with the appeal process, miss the deadline, or file a brand new claim.

A failure to appeal in a timely manner or filing a brand new claim will cause the loss of all appeal rights and force the claimant to start the whole process over with a new Social Security Disability or SSI application.

Q: How do I appeal my claim for SSD or SSI disability benefits if it is denied?

A: SSD and SSI claimants who are not represented should call Social Security as soon as they receive a denial letter; and the Social Security office will mail the required appeal forms to the Claimant. Calling Social Security gives the case a "protected date" and ensures that the deadline for the appeal has been met and provides security in the event the forms are lost in the mail.

Q: How long does a social security disability or SSI appeal typically take?

A: As with initial SSD and SSI claims for benefits, there is simply no way to know how long a disability appeal with the Social Security administration will take.
On average, reconsiderations are completed in four months or less, and hearings before judges are granted six months after the initial request.

Q: Will I have to file more than one Social Security Disability (aka SSD and SSDI) or SSI appeal for my claim?

A: If you are denied on your Initial Claim for disability benefits, you will probably be denied on your first appeal (the Reconsideration) as well. Social Security Disability and SSI benefit claims that are denied at the initial level will almost always need to be heard by an Administrative Law Judge before they can be approved.

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