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Social Security Disability Frequently Asked Questions
Q: If a person is hurt on the job and collecting workers' compensation benefits, can he or she also file for Social Security Disability benefits?
A: Yes. It is common for injured workers to be eligible for both programs, although the definition of disability differs between them. You should file for Social Security Disability benefits as soon as you are injured. This may reduce any potential time gap between the end of worker's compensation and disability benefits. In fact, in some situations, you may collect both workers' compensation and disability benefits at the same time. Depending on your state, one of the two types of benefits may offset the other to a certain extent.
Q: How can an attorney help me in the appeals process?
A: All stages of the appeals process are legally complex. Attaining competent legal counsel will help you to put forth the best possible argument as to why you deserve Social Security Disability benefits. An attorney will also help you gather your medical and vocational evidence and meet any important deadlines.
Q: Does a person have to be permanently disabled to get Social Security Disability benefits?
A: No. Under the law you simply have to be disabled for at least a year, be expected to be disabled for at least a year, or have a condition that can be expected to result in your death.
Q: What is the federal definition for "disability" required to receive Social Security Disability benefits?
A: To collect disability benefits, a person must be "disabled" in accordance with the federal Social Security Act. Under the Act, "disability" means the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment, or combination of impairments, which can be expected to result in death or has lasted or is expected to last for a continuous period of not less than 12 months. The Act also takes into account the claimant's age, work experience, and education.
Q: How much can I expect to receive for benefits payments?
A: Monthly disability payments are based on average taxable lifetime earnings. For more detail, contact your attorney or the Social Security Administration.
Q: If they deny my application for Social Security Disability benefits, can I appeal?
A: Yes. In most situations, there are three levels of appeal within the Social Security Administration. Usually, you would first request a reconsideration of the denied application, which is usually a paper review without a hearing. The next level of appeal is to an administrative law judge at the Social Security Office of Disability Adjudication and Review (ODAR - formerly the Office of Hearings and Appeals). Following this stage, you have a right to appeal to the Social Security Appeals Council. After these administrative levels of appeal, you may appeal to the federal courts. An attorney can greatly assist you at all levels of the appeals process.
Q: When should I file for benefits?
A: It is best to file as soon as you are injured and unable to work. The process may take a long time, especially if an initial denial of benefits must be appealed.
Q: When should benefits start?
A: You should receive an approval or disapproval letter by mail within about three to five months from your application. If you are approved, the benefits eligibility will start in the sixth full month after the date your disability began.
Q: I am planning to file for disability benefits. What information should I have handy?
A: The Social Security Administration's Web site (www.ssa.gov) advises applicants that to speed up the process they should supply certain documents at the time of application and help gather medical evidence. First, you should have your Social Security number. Second, you should have the Social Security number of any dependants who would receive benefits through you. Third, have a copy of your birth certificate handy, or a baptismal certificate. Fourth, compile the names, addresses, and phone numbers of caseworkers, doctors, hospitals, clinics, and other institutions where you received care. Fifth, have the dates of all medical visits. Sixth, have the names and dosages of all medications you take. Seventh, make sure all medical records related to your disability are in order. Eighth, compile all laboratory and testing results. Next, make sure to have a complete summary of all the places you have worked in the past 15 years, including brief work descriptions. Finally, locate a copy of your most recent W-2 form or, if you were self-employed, a copy of your most recent federal tax return.
Q: Can a mental illness qualify as a disability for Social Security Disability benefits?
A: Yes. Under the Act, "disability" means the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment, or combination of impairments. If it would be beneficial for a recipient to have assistance with managing their benefits, a representative payee may be appointed to receive the benefits and manage them on behalf of the disabled person.
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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
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