SOCIAL SECURITY DISABILITY: FREQUENTLY ASKED QUESTIONS

FREQUENTLY ASKED QUESTIONS ABOUT SOCIAL SECURITY DISABILITY

Here are some of the frequent  questions we get at the Forsythe Firm, Alabama's Social Security disability advocates:

1.   Should I file for Social Security disability, called SSDI?

Answer:  That depends on a lot of factors:  your age, education, past work experience and limitations imposed by your medical and/or mental conditions.  All claimants must have a serious condition that has lasted or will last 12 months or more, have worked recently enough to be "insured" under the Social Security Act and be unable now to perform past work or other work in the national economy.  The best way to decide if you should apply is talking to a disability lawyer or advocate who knows what you must prove to get an award.  Fortunately, this conversation is free.

2.  Must I wait 12 months before applying for disability?

Answer:  No.  But you must have a diagnosed severe medical condition that has or will keep you off work for at least 12 straight months.  In short:  Social Security provides no benefit for short term disability (those lasting less than 12 straight months).

3.  How long does the Social Security disability process take?  How long will I wait?

Answer:  Each case is different.  It can and often does take 2 years from the time you file the application.  Unless you have a very obvious disability, you may be denied after a few months, then denied again at "Reconsideration," and then have to appear before a judge for a hearing.  All this can take up to 2 years, but not all cases take that long.

4.   How much will my disability payment be if I am approved?

Answer:  The benefit is different for each claimant because it is based on your total lifetime wages. The average SSDI benefit in Alabama is around $1,600 per month.

5.  What are my chances?

Answer:  Every case is different and stands on its own unique facts.  Here are some averages that shed some light; however, your case is unique.  And your age plays a very important part.

• Application Level - About 27 percent are approved
• "Reconsideration" Level (first appeal) - About 12 percent are approved
• Hearing Level with a Judge - 45 to 50 percent are approved on average

6.  Do I need a lawyer to help me get disability benefits?

Answer:  You are not required to have a lawyer.  But, a study by the US Government Accounting Office (GAO) finds that you are about 3 times as likely to be approved if you use a lawyer or qualified advocate.  While you are not required to have a lawyer, the better question is:  "Should I have a lawyer?"

7.  When should I apply?

Answer:  You should apply when your doctor says you are going to be unable to work for at least a straight 12 months.  If you think you are going to be off work that long due to an illness or injury, you should apply now.  However, you should not apply for disability or impairments that are expected to improve within 12 months to a point you can return to work.  Social Security is for long-term serious disabilities lasting (or expected to last) 12 straight months or more.  If you aren't off work for 12 straight months, there cannot be a benefit.

8.  If I get disability, when does Medicare kick in?

Answer:  Under the law, Medicare begins 29 months from the onset date of disability.  For example, if Social Security finds that you became disabled on July 1, 2023 - your Medicare coverage starts 29 months from that date.

9.  What's this about the 5-month waiting period?

Answer:  Social Security disability (SSDI), also called Title 2, does not pay for the first full 5 months of disability.  Here's an example.  You become disabled under Social Security's rules on July 13th.  You won't qualify for a benefit payment until January 1 of the following year.  You lose July through December to the waiting period, which is actually an elimination period.  (Note: If you claim Supplemental Security Income under Title 16, also called SSI, the waiting period does not apply).  Most individuals do not qualify for SSI, however.

10.  Can I get paid for partial disability and is there a temporary emergency benefit?

Answer:  No.  Social Security doesn't recognize any "partial disability" and it does not have an immediate or emergency benefit.  However,

• If you have a severe condition which is on Social Security's list for "Compassionate Allowance," you may get  a much faster award.

• if your case is recognized as a or "critical case," or you have a "dire need," you could get a faster benefit. 
  

• A terminal illness will qualify for an expedited decision.  

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The Forsythe Firm in Huntsville (256) 799-0297 can help you with Social Security disability claims (SSDI).