Frequently Asked Questions Regarding Social Security

What do I need to prove to obtain Social Security Disability benefits?

To receive benefits in the Social Security Disability program, you must have physical or mental problems (or a combination of problems) severe enough to keep you from working in any regular, paying job for at least 12 months.

What are the steps for applying for Social Security benefits?

First applicants must file an initial application with the Social Security Administration. If an applicant is denied benefits on his or her initial application then an appeal of said denial must be made within 60 days of receiving the denial letter. Next a hearing is held before an administrative law judge of the claim for benefits. If an applicant’s claim is denied after the administrative hearing then a written appeal may be made to the Appeals Council at the Social Security Administration in Virginia. If the Appeals Council denies your appeal you must file for review of your claim in Federal Court.

How long does the Social Security process take?

From six months to eighteen months to get through the Administrative Law Judge stage.

Can anyone else get benefits if I am disabled?

Yes. Your children are entitled to benefits if they are under 18 (or under 19 and in high school full time.) Your spouse can also get benefits if caring for a child of yours who is under 16 or disabled and also receiving checks.

How long must you have worked to be entitled to Social Security Disability?

You must have worked long enough and recently enough to qualify for credits (quarters) based on income. These are only credited if your employer contributes to Social Security. Contact your local Social Security office to find out how many qualifying credits (quarters) you have.

What work history do I have to have in order to apply for Social Security Disability benefits?

Generally Social Security Disability benefits are available if you have been employed for five out of the last ten years and have paid in FICA during that time.

If I am approved for Social Security Disability benefits how will my monthly payment be determined?

The monthly payment is set by your earnings and your social security tax payments during your working career. There is no minimum rate, but the maximum is $1,433.00 per month. Dependent children under the age of 18 are also entitled to receive benefits.

Does my spouse’s income play a factor in me getting Supplemental Social Security income?

Yes, your spouse’s income as well as support you may get from others can be considered in determining whether you qualify for SSI.

What happens if I get better?

If your condition improves and you return to work, Social Security will keep paying you during a trial work period. If your earnings do not average more than $500 per month, benefits will generally continue. If they average over $500 per month, benefits will continue for a 3-month grace period.

What does Social Security look at when determining disability?

Social Security looks at whether you are working, whether your condition is severe, whether your condition is on the list of disabling impairments, whether you can do your previous work and whether you can do any other type of work.

When should I apply for Social Security Disability?

You should apply at any Social Security office as soon as you become disabled. However, benefits will not begin until the sixth full month of disability, because Social Security uses a "Waiting Period" beginning with the first full month after the onset of your disability. It usually takes months for Social Security to review your claim, so do not delay.

My spouse is disabled and has never worked. Is my spouse entitled to anything if I were to die?

A disabled widow or widower age 50 or older may be entitled to benefits on the earnings record of a deceased spouse. However, their disability must have started before your death or within 7 years after your death.

How can I assist my attorney in my Social Security case?

Providing updated information as to your condition, including new physicians treating you, so that your updated medical records may be obtained. Maintaining regular and consistent treatment with your physicians. Reporting all present and new symptoms to your physicians on each visit.

What will your fee be to represent me in a Social Security case?

There will be no cost to you for our representation unless we are successful in obtaining benefits.

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