Social Security Disability FAQ
FAQs about Social Security
WHAT ARE SOCIAL SECURITY? Social Security is a benefit that disabled workers and, in some cases, their dependents can receive from the government.
FAQs about Social Security Disability
WHAT ARE THE BENEFITS OF SOCIAL SECURITY FOR DISABILITY?
Social Security Disability is a benefit similar to retirement benefits that disabled workers and, in some situations, their families can receive from the Social Security Administration.
WHO IS Eligible?
You must have a physical or mental health issue (or a combination of issues) severe enough to prevent you from working in any regular paying employment for at least a year in order to qualify for payments under the Social Security Disability programme.
The test is not whether you can return to your previous position or whether you have recently been successful in finding employment.
The test instead determines your ability to perform any job in the country's economy.
The Social Security Administration decides your case by employing a complex system of rules that take into account your age, ability, training, and job history in addition to your medical condition.
WHAT HAPPENS IF I GET DISABILITY BENEFITS FROM SOCIAL SECURITY?
If it is determined that you qualify for Social Security Disability benefits, you will get retroactive payments starting five full months after you became disabled, but only going back a maximum of 12 months before you submitted your application. (For more details on length and quantity, please check below.)
IF I AM ELIGIBLE FOR SOCIAL SECURITY DISABILITY BENEFITS, HOW MUCH MONEY WILL I RECEIVE?
The monthly payment that a disabled claimant would receive if he or she had retired at full retirement age is the same (65 years old or more depending on age).
One's prior employment history will determine how much money they receive.
HOW LONG CAN I GET SOCIALISATION FOR DISABILITY BENEFITS?
As long as you continue to be unable to work due to a disability, you will receive Social Security Disability benefits. Because you didn't make enough contributions to the Social Security system, your benefits won't expire.
IF I WANT TO APPLY FOR SOCIAL SECURITY DISABILITY BENEFITS, WHEN SHOULD I DO SO?
As soon as you are unable to work due to a disability, you should file for Social Security Disability benefits. Your handicap just needs to be anticipated to last at least one year or result in death before you can apply; you do not need to wait 12 months.
HOW DO I REQUEST DISABILITY BENEFITS FROM SOCIAL SECURITY?
You can apply for Social Security Disability benefits over the phone or in person at the office closest to your house. You can reach your local Social Security office's address and phone number by dialling 1-800-772-1213. You should be prepared to provide Social Security with a list of all the doctors, hospitals, or clinics that have treated you for your disease together with their names, addresses, and phone numbers when you apply. Bring a list of the 15 places you have worked in the past 15 years as well. Additionally, you must give Social Security an original or certified copy of your birth certificate, proof of your most recent earnings (such as a W-2, pay stub, employer statement, etc.), and copies of any medical records you may be able to obtain (save the originals). Please be advised, however, that you should not delay applying for benefits if all necessary documentation is not immediately accessible.
WHAT SHOULD I DO IF BENEFITS ARE REFUSED?
Appeal!
After receiving a notice of the refusal of their application for disability payments, many disabled people give up in frustration and discouragement.
This is frequently incorrect. The initial denial rate for all applicants in the country is over 75%, and the initial denial rate for reconsideration is around 90%. However, a large number of these people—roughly 70% nationally—do receive their benefits in the end. The procedure of applying for Social Security Disability payments may be the most frustrating part. Nothing could be further from the truth than how frequently those who apply are made to feel as though they are demanding something they do not deserve.
Social Security Disability is not a welfare programme; you are responsible for paying for these benefits, which are meant to serve as a safety net in case you or a family member suffers a major illness or injury. Therefore, you should appeal if you are unable to work yet have been denied assistance.
DO I NEED A LAWYER?
You are entitled to legal representation in your claim for social security disability. According to statistics, claimants represented by attorneys have fared significantly better than those without legal counsel. Examining what an attorney might do in your Social Security Disability case will help you decide whether you should hire an attorney to represent you.
HOW WILL MY ATTORNEY REPRESENT ME IN MY CASE FOR SOCIAL SECURITY DISABILITY?
Every situation is unique. The function of your attorney relies on the specifics of your case. However, an attorney may accomplish a number of things, including:
assemble scientific and other proof
examine your situation in light of social security regulations
To get a report that complies with Social Security Regulations, speak with your doctor and explain those Regulations to them.
Obtain supporting documentation from your Social Security Disability record.
Reopen an old benefit application by requesting it.
Inform you on the best way to get ready to testify at your hearing
By objecting to incorrect evidence and procedures, you can defend your right to a fair hearing.
Make sure the Social Security Administration calculates your benefits accurately if you win.
If you are unsuccessful, ask the Social Security Administration's Appeals Council to reconsider the hearing verdict.
Represent you if necessary during a Federal Court review of your case.
HOW MUCH DOES HIRING AN ATTORNEY COST?
Most Social Security Disability attorneys will take on these cases for a contingency fee of 25% of the past-due benefit, or $5,300, whichever is less.
That is to say, there is no charge if you lose, but you will be responsible for covering any out-of-pocket costs the attorney incurred during your representation.
These costs typically include photocopying fees, payments to doctors and hospitals for medical records and reports, as well as other small fees.
Typically, total expenses are under $100.
WHEN SHOULD I SPEAK TO A LAWYER?
As soon as your initial application is rejected, if at all possible. After that, a lawyer will be able to help you decide if you are disabled in the sense that the Social Security Act defines it. After that, you can decide whether or not to pursue the first appeal stage, called reconsideration, and your lawyer can start coming up with strategies for demonstrating your disability to the Social Security Administration. In Social Security Disability cases, lawyers are involved in much more than just attending hearings and interjecting a few questions. Appropriate counsel for your case requires extensive pre-hearing planning, analysis, and evidence gathering. You should not wait until a week or two prior to your hearing to call an attorney for this reason. Your prospects of winning are stronger the sooner an attorney can begin working on your case.
Not all lawyers represent clients before the Social Security Administration, so please be aware of that. It is best to locate a lawyer who is knowledgeable about the intricate Social Security Disability laws and the somewhat unique Social Security Disability processes.
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