Many of the questions you have when you are considering applying for benefits and throughout the process may be answered in this page. We encourage our clients to read through these questions and answers often, as different questions may arise as you navigate the often confusing disability application and appeal process.
Do I qualify for benefits? Every case is different. A question we often get asked is "I have these impairments...do I qualify?" The answer is often "it depends." Very often it will depend on how your symptoms affect your ability to work. Sometimes, it will depend on how severe your condition is and whether you meet certain requirements Social Security has listed in order to qualify. Other times, your age, education, and past work experience may affect your ability to get benefits. It is best to consult with an attorney who can make an assessment based on all of these factors. Our office offers free initial consultations, which allows us to make an informal assessment of your claim at no cost to you.
I know someone who got benefits within a couple months and there is really nothing wrong with them. It should be easy for me, right? It is often very hard to tell whether or not a person is disabled just by looking at them, and many people may know someone who is getting disability benefits, but may not know the full extent of their illness or conditions. Other factors such as information received from doctors and medical source opinions can make a difference in the length of time or success in receiving benefits. It is also important to remember that the people reviewing disability claims are human, and while the best effort is made to apply uniform rules to individual cases, similar cases may be decided differently depending on who is reviewing the case and making the decision.
How long will it take to get benefits? Assuming you are successful in your claim, an award of benefits can take anywhere from a few months to a few years, depending on the stage in the process at which you are awarded benefits. As a general rule, a decision upon initial application will take between 3-5 months, though cases can take as long as 7 months or more to be decided at this level. Every case is different. The next step in the process is usually an appeal to an Administrative Law Judge, and depending on the hearing office, it can take anywhere from 6 months to over a year to get assigned a hearing date. In certain circumstances, however, it is possible to obtain a review of the file before a hearing date is set, for a possible award of benefits "on the record." Our office has successfully represented many clients in obtaining an award of benefits at this stage before a hearing is ever held. If there is a denial at the hearing level, we do represent clients before the Appeals Council, and an Appeals Council decision can take anywhere from a few months to a few years. A hearing is not held at the Appeals Council level, so the client does not have to attend, and legal arguments are made through brief writing and, if applicable, additional evidence submission by the attorney.
Can I work when I am applying for disability? Under Social Security law, the general rule is that you cannot be working full-time or making a certain amount of money -- if you are, unless special circumstances apply, you will likely automatically be denied based on your work activity. When you're applying for Social Security benefits, what you are basically saying is that you are unable to sustain a full-time job based on your disabilities. Therefore, working full-time or making over a certain amount of money will usually prevent you from being found disabled. However, in certain circumstances, part-time work or work that is "accommodated" by your employer (i.e. they know your disabilities and are willing to make the work easier for you because of them) can be performed while still pursuing a disability claim or receiving benefits. It is best to speak with an attorney about any work that you are doing, as this can sometimes be a complicated area of Social Security law. It is also important to remember that even after you are awarded benefits, you have a duty to report to Social Security if you return to work, as continuance of work activity over a certain earnings amount may affect your ability to continue receiving benefits.
What is the difference between SSDI and SSI? Why do I qualify for one and not the other? Most of the clients we meet with for the first time do not know that there are two disability programs. People can qualify for both, one or the other, or neither of these programs, depending on their situation. Basically, SSDI benefits are those you are entitled to based on your work history. Remember those Social Security statements that you used to get in the mail? Somewhere on there (if you hung on to them), it should say whether you have enough work credits to qualify for benefits, and how much you would be entitled to per month. There is also information about benefits for dependents on these statements as well. Social Security now has information from these statements available online. Go to SSA.gov to create an account and access this information online. To qualify for SSI benefits, on the other hand, one does not need to have ever worked, but must meet certain income and asset limits to qualify. SSI is a needs-based program, so the application process for SSI will involve providing information about your financial resources. Usually, the Social Security Administration will verify that you meet the requirements for either of these programs before ever looking at your medical records to determine if you are disabled. However, after an award of benefits, a more thorough review of your assets and income is performed for SSI purposes. In certain circumstances, adult children of parents who are deceased, retired, or disabled can also receive benefits based on their parent's earning record. It is best to speak with an attorney to see if you or your child qualifies for any of these types of benefits.
How will substance abuse affect my case? Over the last couple of decades, Social Security law has changed dramatically regarding substance abuse. Under the current rules, a claimant will be found to be "not disabled" if their substance abuse is a "material" -- i.e. contributing -- factor to their disabilities. It is our practice to work with clients who have substance abuse issues and support them in getting the help they need. It is very important in this process that any substance abuse issues are addressed and treated, as difficult as this may be. Social Security adjudicators and judges can also find that continued substance abuse makes you less credible.
Do I qualify for benefits? Every case is different. A question we often get asked is "I have these impairments...do I qualify?" The answer is often "it depends." Very often it will depend on how your symptoms affect your ability to work. Sometimes, it will depend on how severe your condition is and whether you meet certain requirements Social Security has listed in order to qualify. Other times, your age, education, and past work experience may affect your ability to get benefits. It is best to consult with an attorney who can make an assessment based on all of these factors. Our office offers free initial consultations, which allows us to make an informal assessment of your claim at no cost to you.
I know someone who got benefits within a couple months and there is really nothing wrong with them. It should be easy for me, right? It is often very hard to tell whether or not a person is disabled just by looking at them, and many people may know someone who is getting disability benefits, but may not know the full extent of their illness or conditions. Other factors such as information received from doctors and medical source opinions can make a difference in the length of time or success in receiving benefits. It is also important to remember that the people reviewing disability claims are human, and while the best effort is made to apply uniform rules to individual cases, similar cases may be decided differently depending on who is reviewing the case and making the decision.
How long will it take to get benefits? Assuming you are successful in your claim, an award of benefits can take anywhere from a few months to a few years, depending on the stage in the process at which you are awarded benefits. As a general rule, a decision upon initial application will take between 3-5 months, though cases can take as long as 7 months or more to be decided at this level. Every case is different. The next step in the process is usually an appeal to an Administrative Law Judge, and depending on the hearing office, it can take anywhere from 6 months to over a year to get assigned a hearing date. In certain circumstances, however, it is possible to obtain a review of the file before a hearing date is set, for a possible award of benefits "on the record." Our office has successfully represented many clients in obtaining an award of benefits at this stage before a hearing is ever held. If there is a denial at the hearing level, we do represent clients before the Appeals Council, and an Appeals Council decision can take anywhere from a few months to a few years. A hearing is not held at the Appeals Council level, so the client does not have to attend, and legal arguments are made through brief writing and, if applicable, additional evidence submission by the attorney.
Can I work when I am applying for disability? Under Social Security law, the general rule is that you cannot be working full-time or making a certain amount of money -- if you are, unless special circumstances apply, you will likely automatically be denied based on your work activity. When you're applying for Social Security benefits, what you are basically saying is that you are unable to sustain a full-time job based on your disabilities. Therefore, working full-time or making over a certain amount of money will usually prevent you from being found disabled. However, in certain circumstances, part-time work or work that is "accommodated" by your employer (i.e. they know your disabilities and are willing to make the work easier for you because of them) can be performed while still pursuing a disability claim or receiving benefits. It is best to speak with an attorney about any work that you are doing, as this can sometimes be a complicated area of Social Security law. It is also important to remember that even after you are awarded benefits, you have a duty to report to Social Security if you return to work, as continuance of work activity over a certain earnings amount may affect your ability to continue receiving benefits.
What is the difference between SSDI and SSI? Why do I qualify for one and not the other? Most of the clients we meet with for the first time do not know that there are two disability programs. People can qualify for both, one or the other, or neither of these programs, depending on their situation. Basically, SSDI benefits are those you are entitled to based on your work history. Remember those Social Security statements that you used to get in the mail? Somewhere on there (if you hung on to them), it should say whether you have enough work credits to qualify for benefits, and how much you would be entitled to per month. There is also information about benefits for dependents on these statements as well. Social Security now has information from these statements available online. Go to SSA.gov to create an account and access this information online. To qualify for SSI benefits, on the other hand, one does not need to have ever worked, but must meet certain income and asset limits to qualify. SSI is a needs-based program, so the application process for SSI will involve providing information about your financial resources. Usually, the Social Security Administration will verify that you meet the requirements for either of these programs before ever looking at your medical records to determine if you are disabled. However, after an award of benefits, a more thorough review of your assets and income is performed for SSI purposes. In certain circumstances, adult children of parents who are deceased, retired, or disabled can also receive benefits based on their parent's earning record. It is best to speak with an attorney to see if you or your child qualifies for any of these types of benefits.
How will substance abuse affect my case? Over the last couple of decades, Social Security law has changed dramatically regarding substance abuse. Under the current rules, a claimant will be found to be "not disabled" if their substance abuse is a "material" -- i.e. contributing -- factor to their disabilities. It is our practice to work with clients who have substance abuse issues and support them in getting the help they need. It is very important in this process that any substance abuse issues are addressed and treated, as difficult as this may be. Social Security adjudicators and judges can also find that continued substance abuse makes you less credible.