How do I apply for Social Security Disability?
You can apply for Social Security Disability by calling 1-800-772-1213. A representative will schedule an appointment with you to take your application over the telephone or you can apply online at www.ssa.gov/disability.
How long does it take for a Social Security claim to be processed?
We currently are advising clients that it may take as long as two years from initial application to a hearing before an Administrative Law Judge.
What happens if I am denied?
There are several levels of appeal. After an initial denial, you can ask for Reconsideration. You have 60 days after your first denial to request Reconsideration. If you are denied at the Reconsideration level, you may request a Hearing before an Administrative Law Judge. Again, you have 60 days after your Reconsideration is denied to request a Hearing before an Administrative Law Judge. If denied by an Administrative Law Judge, you can request review by the appeals counsel. If that is denied, your case may be suitable to appeal to federal court.
What are the different types of Social Security disability benefits?
Disability Insurance Benefits are paid to individuals who have worked in recent years (five out of the last 10 years in most cases) who are now disabled.
Disabled Widow’s and Widower’s Benefits are paid to individuals who are at least 50 and become disabled within a certain amount of time after the death of their husband or wife. The late husband or wife must have worked enough under Social Security to be insured.
Disabled Adult Child Benefits are paid to the children of persons who are deceased or who are drawing Social Security disability or retirement benefits. The child must have become disabled before age 22.
For Disability Insurance Benefits, Disabled Widow’s or Widower’s Benefits and Disabled Adult Child benefits, it does not matter whether the disabled individual is rich or poor. Benefits are paid based upon a Social Security earnings record.
Supplemental Security Income Benefits, however, are only paid to individuals who have limited income and resources and who are disabled. It does not matter for SSI whether an individual has worked in the past. SSI child’s disability benefits are a variety of SSI benefits paid to children under the age of 18 who are disabled. The way in which disability is determined is different for children than for adults.
How long do I have to wait after becoming disabled before I can file for Social Security disability benefits?
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. 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.
Can I get both Worker’s Compensation and Social Security disability benefits?
Yes. There is an offset which reduces Social Security disability benefits because of Workers’ Compensation benefits paid, but in virtually all cases there are still some Social Security disability benefits to be paid