I. How to apply for Social Security Disability Benefits
You should apply for disability benefits as soon as you become disabled. Applications for these benefits can be made: 1) through our law firm by calling 267-622-4475 or toll-free at 1-866-498-9387; 2) in person at your local Social Security office; 3) by calling Social Security's toll-free number, 1-800-772-1213 (answered from 7:00 a.m. to 7:00 p.m.); or 4) via Social Security's Internet site.
II. Tips for your disability application
A. Be thorough. When you complete your disability application, be sure to mention all of your health problems, not just the one that is most severe. This is because in evaluating your case, Social Security will look at all of your health problems together. Be honest about the severity of your symptoms. Avoid the temptation to minimize them. Also be sure to include in your application the names, addresses and phone numbers of all of the doctors and hospitals where you have been treated. When asked about your daily activities, be sure to describe them the way you are able to perform them on your bad days, not the way you wish you could perform them or performed them before your medical problems became severe. The key point is to make your application comprehensive and detailed. You want the reader to get an accurate picture of why you are no longer able to work.
B. Involve your doctors. Social Security will always contact your doctors as part of the disability review process. At a minimum, they will ask your doctors to supply them with copies of your treatment records and test results. Sometimes they will ask your doctor to complete a short medical assessment form. The cooperation and support of your treating doctors is critical to the success of your disability case. You should discuss your intent to apply for disability benefits with your doctors either before you apply or as soon as possible thereafter. Ask each doctor to confirm his or her support for your disability application and his or her willingness to provide the medical records and medical assessments that may be necessary to support your application. If any of your doctors would be willing to write a "custom" letter to the state agency in support of your application, they should be encouraged to do so. The letter should emphasize abnormal test results, clinical findings and your functional limitations.
III. Do I need an attorney to represent me in my disability case?
Attorney representation is an option at any level of the disability application process. In general, the sooner you engage an attorney the better prepared your case will be and therefore the better your chances for success. If you or someone you know has any questions about disability benefits, call the Disability Benefits Law Center for a free consultation at 267-622-4475, toll-free at 1-866-498-9387 or email us. The Disability Benefits Law Center focuses its practice exclusively on Social Security and private disability matters.
IV. Social Security disability programs
There are several Social Security programs for which a disabled individual may be eligible. Depending on your situation, you may be entitled to one or more of these benefits. The Social Security (DIB) and Supplemental Security Income (SSI) disability programs are the largest of the federal programs that provide assistance to disabled individuals. While these two programs are different in many ways, both are administered by the Social Security Administration and only individuals who meet Social Security's definition of disability are qualified for benefits under either program.
1. Social Security Disability Insurance Benefits (DIB)- To qualify for these benefits, you must first have worked in jobs where you have paid Social Security taxes long enough to have acquired Social Security insured status. In general, you must have worked and paid Social Security taxes for five out of the last ten years before you stopped working. This general rule is relaxed for people whose disability began before age 30. A disability claimant must also prove that they became disabled while their insured status was in force or they are not entitled to benefits, regardless of how serious their medical impairment is currently.
Once it is established that an individual has insured status, they must prove that they have a medical impairment that meets Social Security's definition of disability. Other agencies' determinations about disability (such as the Department of Public Welfare, Workers' Compensation or the Veterans' Administration) are not binding upon on Social Security's determination of disability. In general, you must prove that you are unable to do any type of work on a full time-basis because of one or more physical or mental problems that will last for at least twelve continuous months, or can be expected to result in death. If your claim for Social Security disability benefits is approved, your monthly benefit payment amount is calculated based upon your Social Security tax payments during the years that you worked. In most cases, your dependent children will also be entitled to benefits in addition to your benefit. Benefits usually continue until you are able to work again on a regular basis.
2. Supplemental Security Income Benefits (SSI) The Social Security Administration manages the Supplemental Security Income (SSI) program. However, SSI benefits are not paid for by Social Security taxes. Rather, SSI benefits are paid from United States Treasury general funds. As such, benefits can be paid under this program whether or not the individual has paid enough in Social Security taxes to be insured for Social Security Disability Insurance (DIB) benefits. In order to receive benefits under this program, you must prove that you are disabled under the same rules as for Social Security Disability Insurance benefits. Also, some children age 18 or younger with a severe disability may be eligible for benefits under the SSI program. You also must have low income and resources, because SSI benefits are based on financial need. Social Security looks at all household income and resources, not just your own, to determine whether you are financially eligible for SSI benefits. The basic SSI monthly payment amount is the same nationwide. However, most states contribute funds to the basic benefit amount.
3. Disabled Widow/Widower Benefits and Surviving Divorced Spouses (DWB) This is a Social Security program for qualified widow or widowers based on the Social Security taxes paid by their deceased spouse. Disabled claims of widow(er)s and surviving divorced spouses require that the deceased spouse be fully insured at the time of death. Only a marriage of required duration confers the right to benefits based on the work history of a spouse: 10 years for a surviving divorced spouse and, with some exceptions, 9 months for a widow(er). Widow(er)s and surviving divorced spouses must also be at least 50 years old. Moreover, you must prove that you are disabled under the same rules as for Social Security Disability Insurance benefits within seven years of your spouse's death. If your claim for these benefits is approved, your monthly benefit payment amount is calculated based upon your deceased spouse's Social Security tax payments.
4. Adult Disabled Child Benefits (ADC) In order for an individual to be eligible for benefits under this program, they must be a child of a parent already receiving Social Security Disability Insurance benefits, Social Security Retirement benefits, or who died while insured for Social Security benefits. The individual must be at least 18 years old and must prove continuing disability before the month that they turn age 22. If your claim for these benefits is approved, your monthly benefit payment amount is calculated based upon a percentage of your parent's rate.
If you or someone you know has any questions about disability benefits, call the Disability Benefits Law Center for a free consultation at: 267-622-4475, toll free at: 1-866-498-9387 or email us. The Disability Benefits Law Center maintains offices in Center City Philadelphia and Jenkintown. The Disability Benefits Law Center focuses its practice exclusively on Social Security and private disability matters.
