Q1. Can I qualify for social security disability benefits if I have a history of drug or alcohol abuse?
A1. While it is difficult to qualify if you have a history of or currently use drugs or alcohol, it is not impossible. It all depends on the circumstances. Call me for a free consultation to find out more.
Q2. Is there anything I can do to speed up the process? Why does it take so long to hear back from the agency?
A2. SSA is extremely backlogged with hundreds of thousands of cases being processed each year. That said, there are things you can do to speed up your case, especially at the beginning of the process. Call me to find out how you can efficiently file your claim.
Q3. I am currently not working due to my condition, and I have not been working for the past 9 months. Does this mean that I can’t file a claim until my condition has lasted for at least 12 months.
A3. Not necessarily. In order to be found disabled, one criteria is that your impairments have lasted or are expected to last at least 12 months. For example, a broken bone will probably not last for 12 months, unless significant complications arise, but cancer and its effects will most likely last for at least 12 months. Call me to find out more about your particular situation.
Q4. I stopped working a few years ago due to my condition, but just resumed work. Am I no longer qualified to receive social security benefits for the time I could not work?
A4. No, you are actually still qualified as long as you still have enough “credits” in the system. For more information about your specific situation, give me a call.
Q5. What does SSA look at in determining whether you qualify for benefits?
A5. Generally, SSA looks at whether you can work consistently any job in the national economy. The Agency considers your age, education, past jobs, skills, your impairments, and your limitations as a result of your impairments. Generally, the younger you are, with more education, experience, and skills, the more likely you are able to work. However, regardless of these factors, the Agency also has to consider the severity of your condition.
Q6. Can I still qualify for benefits if I have been working only a few hours here and there and making very little?
A6. Yes, you can. As long as the monthly amount of earnings falls below a certain level, you can still qualify for SSA disability benefits. Call me to find out more.
Q7. I am suffering from a disabling mental health condition. Am I qualified to apply or receive benefits?
A7. Yes, whether you have physical or mental impairments, if your condition prevents you from working consistently, you may qualify for benefits. Call me for a free consultation.
Q8. I have applied in the past and got denied. Does this mean I shouldn’t apply again?
A8. Not necessarily. In certain cases, especially if you did not have a experienced representative, you may be found disabled if you do apply again. In most states, you can apply for the same period again, while in other states, the previous period of disability will not be considered. In any case, call me and I can discuss all options available to you even if you have been denied in the past.
Q9. I am nearing retirement age and I cannot work, should I apply for disability or retirement benefits?
A9. If you can no longer work due to physical and mental impairments, you are qualified to receive disability benefits. Alternatively, you can apply for or plan to apply for retirement benefits if you have reached age 65. However, you cannot receive both. Call me for a free consultation on the pros and cons of each option.
Q10. A relation of mine who had been receiving benefits recently got deported. Is she still entitled to benefits? Can I receive them on her behalf?
A10. In very narrow circumstances, benefits can continue to be transferred to a beneficiary. Contact me for more information.
Q11. I am a veteran who has been awarded Veteran’s disability benefits. Am I still qualified to receive Social Security disability benefits?
A11. A veteran can still apply for Social Security disability benefits even if he/she has been awarded other benefits. Call me to find out more.
Q12. I have been receiving benefits but recently my benefits were stopped after I started working. However, I stopped working shortly after I started. Is there anything I can do to resume receiving benefits?
A12. If you can prove that your resumption of work is a “trial work period”, you may be able to resume receiving benefits. See, https://www.ssa.gov/OACT/COLA/twp.html, for more information.
Q13. Another firm told me to stop working or not work in order to qualify. Is that what I should do?
A13. Absolutely not. That advice is highly unethical. It is unethical for two reasons. The first reason is that if you are able to work but claim you cannot work and apply for disability benefits you are committing fraud which is punishable by law. The second reason is that even if you do not work (to get over the first step in the analysis of the SSA process), you will likely still be found not disabled by the end of the process, including step 5 (which determines whether you can perform any job in the national economy.) If you were to not work based on this attorney’s advice, you would not only not get benefits, you would have missed out on any possible pay.
Q14. Someone I know is receiving a larger SSDI monthly payment than I am. How could that be?
A14. SSDI benefit payments are based on the amount of “FICA tax” payments you made into the system. If you had previously worked at a job that had a high salary, you would have paid more taxes than someone who had a lower salary. Higher “FICA” tax payments while working means that if you are found disabled by Social Security your SSDI monthly benefits will be larger as well. There is a maximum monthly benefit amount. The SSDI amount you receive can very rarely be challenged since they are based on your previous work and tax history obtained from the IRS.
Q15. Why is my SSI payment so much lower than someone else I know?
A15. SSI payments are based on a number of different factors including whether you are receiving any other benefits, including in-kind benefits. For example, if you are living with family or friends, SSA will frequently reduce a portion of your monthly benefit payment based on this other benefit you are receiving.
Q16. Ok, so what is the difference between SSDI and SSI?
A16. SSDI (Social Security Disability Insurance) is a federally run insurance program that takes a part of your taxes (FICA) every time you receive a paycheck. For some, such as state government employees, these taxes aren’t taken out, but that is a minority of the population. If you have been regularly paying your taxes, you have been contributing to this disability insurance program, whether you opted to or not. It is automatically taken out. Once you work and pay into the program for a certain number of quarters, (work credits) you are eligible to receive social security disability insurance benefits (SSDI). On the other hand, SSI (supplemental security income) is a separate program designed to provide additional income to those who cannot work and have extremely low household income. You do not need to have worked in the past or have built up these work credits, to be eligible for SSI payments.
Q17. Why is it important to apply for SSDI or SSI as soon as possible after realizing that you are not able to work?
A17. You are eligible for only up to a certain period (approximately 2 years, give or take) after you stop working to receive SSDI payments. Your work credits have an expiration date by which you must apply. If you apply too late, you may not be eligible for SSDI payments even if you are disabled. In addition, the sooner you apply for SSDI, the more likely you will be able to collect all that is due. You are eligible to receive backpay for only up to 12 months prior to your application date if you are found disabled under SSDI. For example, if you wait for 2 years after you have stopped working to apply, and if you are found disabled, you will only be able to collect backpay for up to 12 months prior to your application date, even if you were found disabled two years prior to your application date. With regard to SSI, your backpay is also based on your application date, and if you are found disabled, you will only be able to collect backpay the month prior to or around the date of your application even if you were disabled at a much earlier date. This is only a very general explanation of the consequences of waiting too late. Speak with me for a more detailed explanation for your particular situation.
Q18. Why should I hire you or any lawyer to pursue my claim?
A18. In my past experience as an attorney for SSA, I have reviewed hundreds of cases where the claimant was without an attorney, and most, it seemed, were at a disadvantage. They weren’t familiar with the rules and regulations of SSA and how medical decision makers and judges find claimants disabled. It’s not about whether you think you’re disabled, it’s whether you are disabled under SSA’s rules. Millions of people who believe they are disabled apply for disability benefits, and a minority percentage of them are actually found disabled. I will also say that I have reviewed hundreds of cases where claimants are represented by lawyers who are not specialized in this field. The best chance of winning your case is by hiring an attorney with experience successfully representing claimants obtain disability benefits. There are very specific pieces of evidence that Social Security judges are looking for, and I am well aware of them. I will guide you at every step of the way and inform you of exactly what to do and what we need to help you win your case.
Q19. Why did SSA deny my disability claim when I have such a bad back, migraines, and a heart condition?
A.19. SSA’s rules on finding someone disabled is very specific and unique to its program. While you may be found disabled by a private insurance program, a state disability program, or even by a doctor, unless your condition is proven through objective medical evidence and meets SSA’s rules, you will not be found disabled even if you, yourself, believe that you cannot work. For example, one of the rules is that you are not able to work ANY job basically available in the national economy. That means that if you can sit in a room by yourself, or others, and simply put shoes in a box, you are not disabled. It doesn’t matter whether you can actually find these simple jobs. As SSA is a federal benefits program, the parameters are extended to the federal borders. In addition, a majority of people who apply list back pain as a medical condition that prevents them from working. It is unfortunate that SSA cannot grant benefits to every single claimant, and many are denied. That said, it is not impossible to prove that you are disabled. There are rules and tools that we can use to help the agency understand the severity of your physical or mental condition.
Q20. I called and spoke to you. Why won’t you take my case?
In general, I decline to take a case in one of two situations—either your case is too obvious that it will win without my help or it is too obvious that I cannot do anything to help your case. During our free consultation, I will tell you frankly why I think your case might win or might not win. Sometimes it is as obvious as the fact that you are still working which would result in an obvious denial by SSA. Sometimes, it is just the fact that I have seen hundreds of cases. I will tell you exactly why I think your case might not win. I know exactly what the determination makers at SSA are looking for, and sometimes unfortunately, someone’s condition is just not considered severe enough to them to be considered disabling under their rules. However, that never means that you cannot or should not apply on their own. I never get the full view of someone’s case over the phone, and there is still a good chance you can win even if I don’t take your case. I generally take a case where I think someone has a good chance of winning with my help. Unfortunately, I have a very small staff and I just cannot take every case I come across. I wish we were a nonprofit, but we are not and we are limited in the number of cases we can help with.
I know you are probably wondering why I wouldn’t take a case that would obviously win. If your condition is such that you would obviously win, I will tell you to simply apply online or call your local field office. Your medical documentation is probably sufficient to have you found disabled within a few months after your application date. I have no incentive to hold up the process or get involved, and any fee I receive from SSA is minimal since it would be based on only a few months during the waiting period.
Do you have a question about SSA benefits? Call or email me and I’d be happy to provide a free consultation.
The above information is not intended as legal advice. Please call for a free consultation regarding your case.