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New Jersey lawyer webmaster article synopsis: All you need to know about Social Security Disability.Social Security Disability FAQ
Social Security Disability is a benefit received from the Social Security Administration by disabled workers and in some cases their dependents, similar to those received by retired workers.
WHAT IS THE DIFFERENCE BETWEEN SOCIAL SECURITY DISABILITY AND SSI
Both programs are administered by the Social Security Administration. For most people, the medical requirements are the same and the person's disability is determined by the same process. The major difference is that SSI disability programs are made on the basis of financial need.
WHAT ARE EXAMPLES OF DISABILITIES?
WHAT IS THE EARLIEST AGE THAT A PERSON CAN RECEIVE SOCIAL SECURITY DISABILITY BENEFITS?
There is no minimum age. However, to qualify for Social Security Disability benefits, you must have worked long enough and recently enough under Social Security. You can earn up to a maximum of four (4) work credits per year. The amount of earnings required for to earn one credit increases each year.
To receive benefits under the Social Security Disability program, you must have a physical or mental health problem (or a combination of problems) severe enough to keep you from working in any regular paying job for at least one year or result in death. The test isn't whether or not you are able to go back to your old job, and the test isn't whether or not you have been able to find a job lately. Rather, the test is whether you are capable of doing any job available in the national economy (even if this job involves different skills or pays less than your previous work.) By using an extensive set of regulations, the Social Security Administration takes into account your medical condition, your age, your abilities, your training and your work experience in deciding your case.
WHERE CAN I GET THE LIST OF SOCIAL SECURITY CONSIDERED DISABLING IMPAIRMENTS UNDER STEP 3
See my link page.
WHAT HAPPENS IF I QUALIFY FOR SOCIAL SECURITY DISABILITY BENEFITS?
If you are found eligible for Social Security Disability benefits, you will get paid retroactive benefits beginning 5 full months after you become disabled, but only for a maximum of 12 months before you applied for benefits. (Please see below for additional information on duration and amount.)
HOW MUCH MONEY WILL I RECEIVE IF I QUALIFY FOR SOCIAL SECURITY DISABILITY BENEFITS?
A disabled claimant will receive the same monthly benefit that he or she would receive had he or she retired at full retirement age (65 years old or more depending on age). The sum of money received will depend on one's previous work record.
IF I RECEIVE SOCIAL SECURITY DISABILITY BENEFITS AND MY DISABILITIES GET WORSE OR I AM DIAGNOSED WITH OTHER HEALTH PROBLEMS, CAN MY MONTHLY BENEFIT AMOUNT BE INCREASED?
No, your benefit is based on the amount of your lifetime earnings prior to your disability and not the degree of your disability.
WILL MY WORKERS' COMPENSATION PAYMENTS AND OTHER DISABILITY PAYMENTS AFFECT MY SOCIAL SECURITY DISABILITY
Ordinarily, disability payments from other sources do not affect your Social Security Disability benefits. However, if the disability payment that you receive is workers' compensation or another public disability payment (such as some civil service disability benefits, some military disability benefits, some Federal,
You will receive Social Security Disability benefits as long as you remain disabled and unable to work. Your benefits will not run out because you did not contribute enough into the Social Security system.
WHEN SHOULD I APPLY FOR SOCIAL SECURITY DISABILITY BENEFITS?
You should apply for Social Security Disability benefits as soon as possible after you become disabled and unable to work. You do not need to wait 12 months to apply, your disability need only be expected to last for at least one year or will result in death.
HOW DO I APPLY FOR SOCIAL SECURITY DISABILITY BENEFITS?
You can fill out an application for Social Security Disability benefits at the local Social Security office nearest to your home or by telephone. The address and telephone number of your local Social Security office can be obtained by calling 1-800-772-1213. When applying you should be prepared to give Social Security a list with the names, addresses and phone numbers of all the doctors, hospitals or clinics who have treated you for your condition. You should also bring a list of where you have worked in the past 15 years.
WHAT DO I DO IF I AM DENIED BENEFITS?
Appeal! Many disabled people become disheartened and frustrated after they receive a disability benefits denial notice and do not appeal. This is often a mistake. Nationally, about 75% of all applicants are denied initially and about 90% are denied at the first appeal stage--Reconsideration. But many of these people ultimately receive their benefits, nationally about 70%.
DO I NEED AN ATTORNEY?
You have the right to have an Attorney represent you in your Social Security Disability case. Statistics have shown that claimants represented by Attorneys have been much more successful than people without representation. You should seriously consider the advantages of having an Attorney represent you by examining what an Attorney would do in your Social Security Disability case.
WHAT WOULD MY ATTORNEY DO TO REPRESENT ME IN MY SOCIAL SECURITY DISABILITY CASE?
Every case is different. Your Attorney's role depends on the particular facts of your case. However, a few of the things an Attorney may do are:
HOW MUCH DOES IT COST TO HIRE AN ATTORNEY?
Most Attorneys who handle Social Security Disability cases will accept them on a contingent fee basis of 25% of past-due benefit or $5,300 whichever is less. That is, there is no fee if you lose, although you will be obligated to pay any out-of-pocket expenses incurred by the Attorney in your representation. Such expenses usually involve charges for photocopying and payments to doctors and hospitals for medical records and reports, and other miscellaneous charges. Total expenses usually are less than $200.
WHEN SHOULD I CONTACT AN ATTORNEY?
As soon as possible, preferably as soon as your initial application is denied. An Attorney will then be able to start assisting you in determining if you are disabled, as that term is defined by the Social Security Act. You will then be able to decide whether or not you want to pursue the first appeal stage--Reconsideration; and your Attorney can begin developing ways to prove to the Social Security Administration that you are disabled.
NOTE: The opinions expressed in this article are the author's own and do not necessarily reflect the opinions of this website or Promotions Unlimited.
The above article is presented as a community service with the permission of the author.
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