Social Security - FAQ

1. What is the definition of disability used by Social Security?
2. How do I apply for Social Security disability benefits?
3. I am disabled, but I have plenty of money in the bank. Do I have to wait until this money is gone before I apply for Social Security disability benefits?
4. How long do I have to wait after becoming disabled before I can file for Social Security disability benefits?
5. How can I tell if I will be found disabled by Social Security?
6. What do I do if Social Security denies my claim for Social Security disability benefits?
7. Do I need an attorney?
8. When should I contact an attorney?
9. How much does it cost to hire an attorney?
10. Am I too young to get benefits?
11. I am over 50 years old, are there any special rules that can help me get my benefits?
12. How are my Social Security benefit amounts calculated?
13. Can I claim spousal benefits if I'm divorced?
14. Can a widow or widower get benefits off of the spouse's record?
15. Can my family get benefits if my spouse dies?

Question:
What is the definition of disability used by Social Security?

Answer:
Under the Social Security Act, "disability" means "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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Question:
How do I apply for Social Security disability benefits?

Answer:
The best, surest way to file a Social Security disability claim is to go to the nearest Social Security office in person and wait (often for a few hours) to see someone to file the claim in person. In the alternative, a person may contact Social Security by telephone and arrange for a telephone interview to file the claim.

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Question:
I am disabled, but I have plenty of money in the bank. Do I have to wait until this money is gone before I apply for Social Security disability benefits?

Answer:
No. If you have worked in recent years or if you are applying for Disabled Widow's or Widower's benefits or Disabled Adult Child benefits, it does not matter how much money you have in the bank. There is no reason to wait to file the claim.

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Question:
How long do I have to wait after becoming disabled before I can file for Social Security disability benefits?

Answer:
Not even one day. You can file for Social Security disability benefits on the very same day that you become disabled. Many individuals make the mistake of waiting months and even years after becoming disabled before filing a Social Security disability claim. There is no reason to file a Social Security disability claim if one has only a minor illness or one which is unlikely to last a year or more. However, an individual who suffers serious illness or injury and expects to be out of work for a year or more should not delay in filing a claim for Social Security disability benefits.

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Question:
How can I tell if I will be found disabled by Social Security?

Answer:
Unless your disability is catastrophic (such as terminal cancer, a heart condition so bad that you are on a heart transplant waiting list, total paralysis of both legs, etc.), there is no easy way for you to tell whether you will be found disabled by Social Security. In the end, the decision of whether or not to apply for Social Security disability benefits should not be based upon whether or not the person feels that Social Security will find them disabled. Attorneys familiar with Social Security disability can make predictions about who will win and who will lose, but even they can seldom be sure. An individual should make the decision about whether or not to file for Social Security disability based upon their own belief about their condition. If the individual feels that he or she is disabled and is not going to be able to return to work in the near future, the individual should file for Social Security disability benefits. If denied, the individual should consult with an attorney familiar with Social Security disability to get an opinion as to the chances of success on appeal.

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Question:
What do I do if Social Security denies my claim for Social Security disability benefits?

Answer:
First, do not be surprised. Only about 40% of Social Security disability claims are approved at the initial level. If you are denied at the initial level, unless you have already returned to work or expect to return to work in the near future, you should appeal, that is, file a request for reconsideration. You should also consider employing an attorney to represent you.

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Question:
Do I need an attorney?

Answer:
You have the right to have an Attorney represent you in your Social Security Disability case. Statistics have shown that claimants represented by Attorneys have been much more successful than people without representation. You should seriously consider the advantages of having an Attorney represent you by examining what an Attorney would do in your Social Security Disability case.

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Question:
When should I contact an attorney?

Answer:
As soon as possible, preferably as soon as your initial application is denied. An Attorney will then be able to start assisting you in determining if you are disabled, as that term is defined by the Social Security Act. You will then be able to decide whether or not you want to pursue the first appeal stage--Reconsideration; and your Attorney can begin developing ways to prove to the Social Security Administration that you are disabled. Attorneys in Social Security Disability cases do much more than sit in at a hearing and ask a few questions. Much pre-hearing preparation, analysis and evidence gathering go into adequate representation for your case. For this reason you should not wait until a week or two before your hearing to contact an Attorney. The earlier an Attorney is able to start working on your case, the better your chances of winning.

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Question:
How much does it cost to hire an attorney?

Answer:
Social Security regulations govern the attorney fee process. Generally, cases are handled on a contingency basis of 25% of the retroactive benefit or $5300.00, whichever is less. Thus, if your claim is not successful, there would be no fee. Social Security approval is required for any fee charged. Expenses incurred in the development of your claim remain your responsibility.

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Question:
Am I too young to get benefits?

Answer:
Anyone, young or old, can apply for Social Security Disability and/or SSI benefits. What is important is that you have a severe medical condition that prevents you from being able to work in a competitive work environment. Social Security, for the most part, will not consider part-time work or job share work to be competitive employment.

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Question:
I am over 50 years old, are there any special rules that can help me get my benefits?

Answer:
Possibly. The Social Security rules change at ages 50, 55, and 60 based on the general recognition that it is unfair to expect people over those various ages, who are unable to perform their past relevant work, or who have no past relevant work, to go out and get retrained into an entirely new career, especially when dealing with a serious medical condition. As such, as you reach these milestone years, Social Security performs a much more personalized assessment when dealing with your ability to work.

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Question:
How are my Social Security benefit amounts calculated?

Answer:
The calculations are complicated. The amount of any benefit is determined by a formula based on the average of your yearly reported earnings since you began working. But to complicate matters, Social Security computes your average earnings differently depending on your age. If you reached age 62 or became disabled on or before December 31, 1978, Social Security averages the actual dollar value of your total past earnings -- and bases the amount of your monthly benefits on that amount. If you turn 62 or become disabled on or after January 1, 1979, Social Security divides your earnings into two categories: Earnings from before 1951 are credited with their actual dollar amount, up to a maximum of $3,000 per year; and from 1951 on, yearly limits are placed on earnings credits, no matter how much you actually earned in those years.

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Question:
Can I claim spousal benefits if I'm divorced?

Answer:
You are eligible for dependents benefits if both you and your former spouse have reached age 62, your marriage lasted at least ten years, and you have been divorced for at least two years. This two-year waiting period does not apply if your former spouse was already collecting retirement benefits before the divorce.

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Question:
Can a widow or widower get benefits off of the spouse's record?

Answer:
When a worker entitled to Social Security benefits dies, the surviving spouse, age 60 or older, may qualify for survivor benefits. A surviving spouse, age 50 or older, may qualify only if disabled. To be entitled to a widow's or widower's benefit as a disabled widow or widower, the law provides that you must have a 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 twelve months. The impairments must be of a level of severity to prevent a person from doing any gainful activity. There are other benefits which may be available to the surviving spouse and dependent children.

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Question:
Can my family get benefits if my spouse dies?

Answer:
When your spouse dies, if he or she has worked enough, his or her dependent children, sometimes including disabled adult children, may be eligible for monthly survivor's benefits from Social Security. You might also be able to get benefits off of your spouse's record if: a) You are over 60; b) You are over 50 and become disabled within 7 years of your spouse's death; or c) if you have a low income and have children under 16 in your care. The earlier you take benefits, the lower the amount you will receive. Survivor's payments run from about 71 percent of the deceased spouse's benefit, if taken at age 60, up to 100 percent, if not drawn till you are 65. For a disabled widow or widower between 50 and 59, your check would be 71 percent of the deceased partner's benefit amount.

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