HOW SOCIAL SECURITY DECIDES IF YOU CAN GET DISABILITY BENEFITS

If you have suddenly become disabled and had to stop working, Social Security may be the largest, most substantial benefit available to you.  However, it may also be the slowest, most difficult benefit to get started.

The average person receives about $1,150 per month when approved for Social Security disability. Some can get more, depending on age and past earnings. Minor children or other dependents may get an additional benefit.  Also, you may qualify for Medicare insurance to help pay medical bills.

Here are basic requirements for getting a Social Security disability check.

• You have enough work history to be covered:  usually meaning, you have worked at least 4 out of the most recent 10-year period.
• You have a severe, medically determinable impairment severe enough to prevent you form working either any of your past jobs or any other type of job available in the US economy.
• This severe impairment has (a) lasted for at least 12 consecutive months, (b) is medically expected to last for at least 12 consecutive months, OR (c) is expected to end in death.  Short term disabilities (under 12 months) are not covered.
• Finally, you have adequate medical treatment to prove the nature, severity and duration of the medical impairment or disability.

WHAT IS THE PROCESS TO APPLY FOR DISABILITY?

• File an application for disability benefits online (www.socialsecurity.gov), at the Social Security office, or at an attorney or advocate's office (who can file for you).
• Complete and return all forms sent to you by Social Security.
• Attend any examinations Social Security asks you to attend at their expense.  (These usually will not help you get benefits but you must attend).
• You will wait an average of 3 to 4 months for a decision.  In Alabama, about 75 percent of applications will be denied.
• If denied, file a written appeal (within 60 days), in which you request a hearing before an administrative law judge (ALJ).
• Continue to submit new medical evidence of your disability to keep your evidence up to date.
• Consider getting professional legal help to assist you in getting ready for the hearing, which will probably be about 2 years in the future.

KEY FACTS ABOUT SOCIAL SECURITY DISABILITY

1. Not everyone is covered.  SSDI is for workers and you must work enough (and recently enough) to have active coverage under Title 2.  If not, there is no benefit because you have not paid into the system.  Even if you once had coverage, it expires after about 5 years of not working.
2. SSDI does not cover the first 5 months of a disability.  This is called the "waiting period."  For example, if you are found disabled according to Social Security rules on June 1, your first benefit will be payable November 1 and will not be paid until December because benefits are paid one month in the arrear.  (November benefits are paid in December).
3.  There are no income restrictions or wealth restrictions for SSDI benefits.  Other income does not generally restrict Social Security benefits, as long as the income is not derived from wages or work-related activity. 
4. You may claim benefits for up to 12 months prior to filing an application.  Benefits may be paid from the date of disability onset, not from the date of the application.
5. You are not required to have an attorney to file for disability.  However, you may want to consider representation, especially if you are denied and must appeal.  About 90 percent of appellants choose to get representation because of the complex and confusing nature of Social Security laws and regulations.

Is There Other Help While Waiting on Social Security?

Various state and local agencies, and private charities, may provide some financial help while you try for Social Security benefits.  The link below is from one of my web posts and it shows some of the sources of help available in Alabama--for things like mortgage payments, food and medical care: