SOCIAL SECURITY
DISABILITY
Are you eligible
for Social Security Disability?
You may be eligible for Social Security Disability
payments and important health coverage if you cannot work because of your
health. You can receive Social
Security Disability for any type of physical or mental health condition as long
as it is severe enough to prevent you from working. Arthritis, depression, anxiety, asthma,
diabetes and seizures are just a few of many reasons people receive Social Security
Disability.
Age is one of the most important factors
considered; however, you may receive Social Security benefits at any age. Even children may be eligible if they
are disabled. At age 50, you are
more likely to be eligible for Social Security, because Social Security
realizes that it is more difficult to find work as you get older.
Social
Security administers two different benefit programs: Social Security Disability Insurance and
Supplemental Security Income (SSI).
Both are the same in the sense that you must be unable to work due to
your health. The primary difference
is that to receive Social Security Disability Insurance you must have a
significant work history and for SSI you must be financially needy.
How do you apply?
You
should apply as soon as you become disabled. Do not wait to apply. If you wait, you may lose money.
There are three ways you can apply:
- by phone at
800-772-1213,
- over the
Internet at http://www.ssa.gov/applyfordisability,
- in person at
your local Social Security office.
What happens
after you apply?
After you apply, Social Security will
work with your lawyer to obtain information from your doctors and other
sources. Do not exaggerate your
conditions and be honest with your doctors. Medical records are the most important
evidence in your case. That is why
you must obtain medical treatment for all your health conditions. See your primary doctor on a regular
basis; visit a psychiatrist for mental illness (e.g. depression, anxiety,
schizophrenia); and get a referral for a specialist whenever appropriate.
Frequently, Social Security will ask you
to see “their” doctors. You must attend all doctor appointments
scheduled. It is also important
that you tell those doctors about all of your medical problems. Social Security may also ask you to
complete questionnaires regarding your health, your pain and your daily
activities. Ask your lawyer to
review these forms before returning them to Social Security.
If you complete all questionnaires and
attend all appointments in a timely manner, you could receive a determination
in as little as three months, or as long as one year. Unfortunately, Social Security denies
most applications at the first level.
Hope for the best, but be prepared for the worst at the initial level.
Appeal if you are
denied
Don’t give up. If you are denied, you should
appeal. This is also the time to
retain a lawyer if you did not hire one when you first applied. The appeal process varies from state to
state. In
Waiting for a hearing is frequently worth
the wait even though it may take longer than a year. Approximately two-thirds of cases are
won at the hearing level. Your
chances of winning are even greater with a lawyer who understands the process.
Hearings are nothing like the court shows
you watch on television. Hearings
are informal and held in a large instead of a courtroom. You sit next to your lawyer and you and
your lawyer have the opportunity to speak directly with the judge who will
decide your case. Hearings usually
take less than one hour and decisions are sent in the mail approximately 90
days later. After a favorable
decision you can expect to begin receiving your benefits within a few
months. If you are denied, than you
and your lawyer should file an appeal to the Appeals Council. You should also start the process over
and file a new case at the same time.
That way you have two chances of winning.
Do you need a
lawyer?
You are more likely to win your case with
a lawyer. The application process
can be long and complicated.
Failure to meet certain deadlines and complete paperwork required by
Social Security can extend the wait time or even cause you to lose your
case. You do have the right to
represent yourself. But as the
saying goes “a person who represents himself has a fool for a
client.”
If you decide to get a lawyer, it is wise
to retain one who focuses his practice on Social Security cases. The rules and regulations are
complicated and change frequently.
Your lawyer should be experienced in the disability process and the
standards for disability. Most
lawyers never charge a fee unless you win, and some can help you event if you
can’t leave your home.
Please contact
Mr. Silver for a free consultation about the merits of your claim.