- What is Social Security Disability?
- What is the definition of disability used by Social Security?
- How do I apply for Social Security disability benefits?
- I used to work but lately I have been staying home taking care of the kids. I have now become sick. Can I get Social Security disability benefits?
- How long do I have to wait after becoming disabled before I can file for Social Security disability benefits?
- Do you have to be permanently disabled to get Social Security disability benefits?
- I have several health problems, but no one of them disables me. It is the combination that disables me. Can I get Social Security disability benefits?
- Why does Social Security consider my age in determining whether I am disabled?
- What can I do to improve my chances of winning my Social Security disability claim?
- Where can I go to get help with my Social Security disability claim?
- I am disabled, but I have never worked at public work. Can I get Social Security disability benefits?
- I am a widow. I have not worked in public work in many years. I am disabled. Can I get Social Security disability benefits?
- I have a daughter who has been disabled by cerebral palsy since birth and has never been able to work. Can she get disability benefits from Social Security?
- I am disabled by mental illness. Can mental illness serve as the basis for a Social Security disability claim?
- What is the difference between Medicare and Medicaid?
- If I get Social Security disability benefits will I get Medicare?
- If I get Social Security disability benefits will I get Medicaid?
What is Social Security Disability?
Social Security Disability, also called SSD, SSDI (Social Security Disability Insurance) or DIB (Disability Insurance Benefits), is a benefit received by disabled workers and/or their dependents from the Social Security Administration. Just as you may begin collecting “regular” Social Security Retirement benefits when you retire, if you become disabled and are unable to work before you reach your “full retirement age,” you may apply to collect Social Security Disability benefits.
What is the definition of disability used by Social Security?
Under the Social Security Act, "disability" means "inability to engage in any substantial gainful activity by reason 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 of not less than 12 months."
How do I apply for Social Security disability benefits?
The best, surest way to file a Social Security disability claim is to go to the nearest Social Security office in person and wait (often for a few hours) to see someone to file the claim in person. In the alternative, a person may contact Social Security by telephone and arrange for a telephone interview to file the claim. You may also go to the social security administration's website at ssa.gov and apply online.
I used to work but lately I have been staying home taking care of the kids. I have now become sick. Can I get Social Security disability benefits?
Possibly. If you have worked five out of the 10 years under Social Security before becoming disabled, you will have enough earnings in to potentially qualify for Social Security disability benefits. For individuals 31 or less, the requirements are a little different, since such individuals have not had such a long time to work. Unless a person has been staying home and taking care of their children for quite a long time, however, it is very possible that they will qualify for Social Security disability benefits based upon their own earnings. Also a homemaker, if poor enough, can qualify for Supplemental Security Income (SSI) whether he or she has worked in the past or not.
How long do I have to wait after becoming disabled before I can file for Social Security disability benefits?
Not even one day. You can file for Social Security disability benefits on the very same day that you become disabled. Many individuals make the mistake of waiting months and even years after becoming disabled before filing a Social Security disability claim. There is no reason to file a Social Security disability claim if one has only a minor illness or one which is unlikely to last a year or more. However, an individual who suffers serious illness or injury and expects to be out of work for a year or more should not delay in filing a claim for Social Security disability benefits.
Do you have to be permanently disabled to get Social Security disability benefits?
No. You have to have been disabled for at least a year or be expected to be disabled for at least a year or have a condition that can be expected to result in death within a year.
I have several health problems, but no one of them disables me. It is the combination that disables me. Can I get Social Security disability benefits?
Social Security is supposed to consider the combination of impairments that an individual suffers in determining disability. Many, perhaps most claimants for Social Security disability benefits have more than one health problem and the combined effects of all of the health problems must be considered.
Why does Social Security consider my age in determining whether I am disabled?
Social Security has to consider age, because that is what the Social Security Act requires. As people get older, they become less adaptable, less able to switch to different jobs to cope with health problems. A severe foot injury which might cause a 30- year- old to switch to a job in which he or she can sit down most of the time, might disable a 60- year- old person who could not make the adjustment to a different type of work.
What can I do to improve my chances of winning my Social Security disability claim?
Be honest and complete in giving information to Social Security about what is disabling you. Many claimants, for instance, fail to mention their psychiatric problems to Social Security because they are embarrassed about them. In almost all cases, individuals who were slow learners in school fail to mention this fact to Social Security, even though it can have a good deal to do with whether or not the Social Security disability claim is approved. Beyond being honest and complete with Social Security, the most important thing that you can do is just keep appealing and hire an experienced person to represent you. It is important to appeal because most claims are denied at the initial level, but are approved at higher levels of review. It is important to hire an experienced person to represent you because you do not understand the way Social Security works. Statistically, claimants who employ an attorney to represent them are much more likely to win than those who go unrepresented.
Where can I go to get help with my Social Security disability claim?
For help, go to a lawyer or other person who represents Social Security disability claimants on a regular basis. For over 15 years, J. Clay Benson, Jr., Attorney at Law has represented individuals who have been denied their Social Security disability benefits. Call us today at (334) 356-1925, or toll free at (855)-94J-CLAY or use our online contact form for a free, no-obligation initial consultation.
I am disabled, but I have never worked at public work. Can I get Social Security disability benefits?
If you are poor enough, you can qualify for Supplemental Security Income (SSI) if you are disabled, even if you have never worked in the past. It is also possible to qualify for Disabled Adult Child Benefits on the account of a parent if you became disabled before age 22 or for disabled widow's or widower's benefits on the account of a late husband or wife.
I am a widow. I have not worked in public work in many years. I am disabled. Can I get Social Security disability benefits?
If you are over 50 and became disabled within seven years after your husband or wife died or within seven years after you last drew mother's or father's benefits from Social Security, you can get Disabled Widow's or Widower's Benefits. Perhaps more important, if you are poor, you can draw Supplemental Security Income benefits no matter what age you are or when you became disabled.
I have a daughter who has been disabled by cerebral palsy since birth and has never been able to work. Can she get disability benefits from Social Security?
Very possibly. If the child is under 18 and you are poor enough, the child may be able to qualify for SSI child's disability benefits. If the child is over 18, she may be able to qualify for SSI disability benefits without regard to the income of her parents. If her father or mother is drawing Social Security benefits of some type or is deceased, the child may be eligible for disabled adult child benefits.
I am disabled by mental illness. Can mental illness serve as the basis for a Social Security disability claim?
Yes. Mental illness is a frequent basis for awarding Social Security disability benefits.
What is the difference between Medicare and Medicaid?
The short answer is that Medicaid is a poverty program and Medicare isn't. Many disabled people who get Medicaid get it because they are on Supplemental Security Income (SSI). This is called “categorical” Medicaid eligibility. To get SSI and thereby get Medicaid you have to be poor and disabled. Medicaid pays doctors at very low rates. People who have only Medicaid can have a hard time finding doctors willing to take them on as patients. Medicaid does pay for prescription medications. Medicaid can go back up to three months prior to the date of a Medicaid claim. Note that it is possible to apply for Medicaid directly - through a local Medicaid office - without having a companion claim for SSI.
For Medicare it does not matter whether you are rich or poor. If you have been on Disability Insurance Benefits, Disabled Widows or Widowers Benefits or Disabled Adult Child Benefits for 24 months you qualify for Medicare. The good thing about Medicare is that it pays doctors at a higher rate than Medicaid. Almost all doctors are happy to take Medicare patients. The bad things about Medicare are that it does not begin until after a person has been on cash disability benefits for two years and that it generally does not pay for prescription medications.
If I get Social Security disability benefits will I get Medicare?
If you are approved for any kind of Social Security disability benefit other than SSI you will get Medicare after you have been entitled to Social Security disability benefits for two years.
If I get Social Security disability benefits will I get Medicaid?
If you are approved for SSI you will get Medicaid. It is possible to get both Medicare and Medicaid if you are entitled to SSI and some other type of Social Security disability benefit.
For over 15 years, J. Clay Benson, Attorney at Law has represented individuals who have been denied their Social Security disability benefits. Call us today at (334) 356-1925, or toll free at (855)-94J-CLAY or use our online contact form for a free, no-obligation initial consultation.