FREQUENTLY ASKED QUESTIONS
Q
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How does Social Security define disability? |
A
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Social Security defines "disability" as the "inability to engage
in any substantial gainful activity by reason of any medically determinable physical or
mental impairment which can be expected to result in death or has lasted or can be
expected to last for a continuous period of not less than 12 months." |
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Q
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Is it hard to apply for Social Security disability benefits? |
A
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No. There are 2 ways to apply for a Social Security disability claim. The first is to
go to the Social Security District Office and file the claim in person. The second way is
to call Social Security at 1-800-772-1213. They will arrange for a telephone
interview for you. Once the interview is finished they will send necessary forms for you
to fill out. All the basic information will have been collected during the phone
interview. |
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Q
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When can I file for Social Security disability benefits? |
A
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You can file for Social Security disability benefits on the day that you become
disabled if you believe that you will be out of work for one year or more.
Sometimes hospital social workers can help you and your family make the initial contact
with Social Security. |
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Q
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How do representatives who help Social Security disability claimants get
paid? |
A
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Cases are generally handled on a contingency basis. That means the representative
receives a fee only if you win your case. Normally the fee is 25% of your back benefits
and must be approved by Social Security. If you do not win your case there is no fee.
There are also costs in each case for which you will be responsible. These costs are
generally fees paid to doctors for the copying of records. These costs are usually less
than $50 dollars and are not paid until after the case is settled. There are no "up
front costs." |
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Q
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If I am found disabled how far back will Social Security pay benefits? |
A
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- For Disability Insurance Benefits and for Disabled Widow's and Widower's Benefits, the
benefits begin five months after the person becomes disabled. But, benefits cannot
be paid more than one year prior to the date of the claim.
- For a Disabled Adult Child benefits begin as of the onset date, but benefits cannot be
paid more than six months prior to the date of the claim.
- SSI benefits begin at the start of the month following the date of the claim.
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Q
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What is the average time it takes Social Security from the time I file
before I hear that they have made a decision? |
A
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Time periods vary from area to area, but, generally most initial Social Security
decisions are made within four months. If you are turned down and have applied for
a reconsideration it will generally take another four months to receive a decision.
If you are turned down and have applied for a hearing before an Administrative Law Judge
it could take up to one year before you have a decision. And if you are turned down
at the hearing level and have requested an Appeals Council review it could take one
year or more to receive the decision. |
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Q
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What if Social Security tells me they are going to cut off my disability
benefits? |
A
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You should immediately contact the Social Security Office and file an appeal.
You only have 10 days after being notified to file an appeal. You can ask that your
disability benefits continue while you appeal the decision cutting off your benefits.
After filing the appeal you may want to seek a representative to handle your case.
Remember that if you lose your case you may be asked to pay back any overpayments. |
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Q
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Why are the time periods so important in Social Security cases? |
A
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Timely filing is a very important thing to remember with Social Security. In all cases
but one you have 60 days from the decision to apply for a higher level hearing. If
you go past the 60 day period, without good cause, you may have to file an entirely
new claim. The one exception is when your benefits have been ceased, then you only have 10
days to appeal the decision. |
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Q
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Is there a difference between Medicare and Medicaid? |
A
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Yes. Medicaid is associated with SSI and Medicare is associated with Disability
Insurance Benefits. Medicaid begins immediately upon receipt of SSI. Medicaid pays for
prescription medications. Medicaid can be retroactive up to three months prior to
the date of a Medicaid claim. Medicare begins after you have been entitled to Social
Security disability benefits for two years. That includes Disability Insurance
Benefits, Disabled Widows or Widowers Benefits or Disabled Adult Child Benefits. Medicare
generally does not pay for prescription medications. |
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