FAQ - DISABILITY CLAIMSHow do I qualify for Social Security Disability Insurance benefits? 
The Social Security Administration follows strict medical and work history guidelines to determine eligibility Social Security Disability Insurance benefits. You must have paid into the Social Security system through FICA taxes and have a recent enough work history.
You also must have a disabling medical condition that is expected to prevent you from working for twelve months and earning above the Substantial Gainful Activity (SGA).

How long must I be unable to work to qualify for Social Security benefits? 
Your medical condition must have kept you from working for at least twelve months. If you have been unable to work for at least a year, or believe your condition will prevent you from working that long, you should consider applying for disability benefits.

How does the Social Security Administration decide if I am disabled? 
The Social Security Administration follows a five step disability determination process. Your medical condition must meet the Social Security Administration’s definition of a disability. The Social Security Administration will also view your current work history, skills, age, education, and ability to adapt to different work.

What if they decide I’m not disabled, but I feel I deserve benefits? 
If the Social Security Administration denies your first time Social Security Disability Insurance application because they feel you do not meet their disability criteria, you can appeal that decision.
You have sixty days from the date of your denial letter to request an appeal. The appeals process can be long and complicated. However, it does provide you with the best opportunity to prove eligibility of disability benefits, especially at the hearing level.

What type of benefits will I receive? 
Once you have been approved for Social Security Disability Insurance, you are eligible to receive the following benefits:
Cash Benefits. You will begin receiving cash benefits approximately 6 months after becoming disabled. Payments are made monthly. The Social Security Administration prefers to direct-deposit payments so, if you do not have a bank account, the Social Security Administration will strongly recommend that you establish one.
The amount you receive is based on your earnings history and will continue for as long as you are unable to work and your medical condition has not improved. The Social Security Administration conducts periodic reviews of all Social Security Disability Insurance cases to determine continued eligibility of disability benefits.
Medicare. You will be eligible for Medicare 24 months after receiving Social Security Disability Insurance benefits. However, if you have a serious illness such as kidney failure and you require dialysis, you may qualify immediately.
Social Security Retirement Insurance (Protection of Social Security cash benefit.). Social Security Disability Insurance benefits automatically convert into retirement benefits when you reach retirement age. By establishing that your absence from the workforce is due to a disability, you are assured that the Social Security Administration will not reduce your future retirement benefits.

If my medical condition gets worse can I receive more benefits? 
No. The cash benefits you receive are based on your average lifetime earnings before your disability began, not the severity of your medical condition.

Can I work and receive benefits at the same time? 
You can work while receiving Social Security Disability Insurance during a trial work period. You can work for 9 non-consecutive months within the first 60 months and earn a monthly income of up to $720.00 and still receive Social Security Disability Insurance benefits. When the trial work period has ended, and you are working, you will not longer receive disability benefits for any month in which you earn more than the Substantial Gainful Allowance.
However, if your income drops below the Substantial Gainful Allowance, or if your disability causes you to stop working within 5 years, you may receive benefits again. After that, you will have to re-apply, but you may get temporary disability and Medicare benefits up to 6 months while your case is being reviewed. You also get to keep your Medicare benefits for at least 8 ½ years after returning to work.

What is a trial work period? 
A trial work period allows beneficiaries to ease back into working again. The trial work period is for 9 non-consecutive months within the first 60 months in which you are unable to work. During the trial work period, beneficiaries are allowed a monthly income of up to seven hundred, twenty dollars while still receiving disability benefits.

How do I apply for Social Security benefits? 
You can apply directly with the Social Security Administration or seek the help of an advocate, including an attorney.

How long does the application process take? 
The Social Security Disability Insurance initial application process typically takes 3-5 months. Appeals of denied claims may take significantly longer. Due to the extensive backlog of claimants waiting for appeals with an administrative law judge, it could take a year to get approved.

How long after I am approved will I begin receiving benefits? 
Your entitlement date for monthly benefits is set after a mandatory waiting period of 5 full months after the Social Security Administration determines the date of your disability. The Social Security Administration also compensates you for the period of time it takes to approve your application. You receive a one time only lump sum that represents the number of months that you are entitled to benefits.

Are there medical conditions that are pre-approved for Social Security Benefits? 
Yes. These conditions are included in the Social Security Administration’s Compassionate Allowance Initiative that quickly identifies applicants who clearly meet the Social Security Administration’s definition of disability. Claims are processed within days instead of months. Confirmation of the medical diagnoses with supporting medical information is often all that is needed to get approved.

Can people with terminal illnesses be approved for Social Security benefits? 
Yes. If you have a terminal illness that meets the Social Security Administration’s definition of a disability, you are eligible for Social Security Disability Insurance benefits.

If I am receiving Worker’s Compensation benefits, can the Social Security Administration offset those benefits? 
Yes. Under the Social Security Act, a disabled person is not entitled to collect Social Security and Worker’s Compensation benefits which together total more than 80% of the person’s pre-injury earnings.

How are pre-injury earnings calculated? 
The Social Security Administration computes the disabled person’s “ACE” which stands for “Average Current Earnings.”
To calculate the Average Current Earnings, the Social Security Administration looks at the disabled person’s earnings year in which he became disabled and the 5 previous years.
In a second method, the Social Security Administration looks at the disabled person’s 5 highest consecutive years of earnings in his lifetime, and divides the 5 years of income by 60 to get a monthly average. Whichever method produces the highest number yields the Average Current Earnings.
