Applying for Social Security Disability

When and How to Apply for Benefits

There are many different things to consider when you are applying for Social Security disability benefits. People wonder about timing, when they should apply for benefits, how complicated the application process is likely to be and how long it might take to get approved.

To begin answering these questions, this section will focus on:

• How to apply for social security
• Social Security disability claims
• Social Security disability requirements
• Qualifying for Social Security disability benefits
• How to get Social Security disability benefits

How to Apply for Social Security

You can apply for Social Security disability benefits in a variety of different ways:

• By making an appointment and visiting your local Social Security office in person. You will be interviewed and given assistance to complete your application for disability benefits.
• Over the telephone, once you have completed a Social Security Medical and Job Worksheet. Completing this worksheet before your telephone or in person interview will help the time you spend to be more productive.
• Using the on line application process at the Social Security Administration’s website. Note that if you are applying for Supplemental Security Income, you cannot use the online application.
• Hiring an attorney who is familiar with the Social Security disability application and appeals process to assist you in completing your application and filing your request for benefits.

There is no right or wrong method to begin the application process, but one way is probably preferable to you. If you are intimidated by computers, you may prefer to apply for benefits over the telephone or in person. If you are overwhelmed by your sudden illness or disability and need to hand off most of the details of the application process to an expert, then you should consider hiring an attorney to assist you right from the beginning. Most Social Security disability attorneys work on a contingency basis, which means they only get paid if they are successful in helping you receive your benefits. This also means there is no up front or out of pocket money involved on your part.

Social Security Disability Claims

Every disability claim submitted to Social Security is unique and will be evaluated on its own merits. Try to avoid the temptation to get most of your information from well meaning relatives or friends who can only give you anecdotal information at best. Rely on information that you glean from research, from an attorney or that you get directly from documents published by Social Security. The fact that your cousin Harold’s brother in law had the “same” kind of injury at work and he never got benefits has absolutely nothing to do with you.

Some truths about Social Security disability claims are:

• It can take years to get disability benefits approved, especially if you have to go through the appeals process at more than one level.
• Depending on your illness or medical condition, benefits can also be approved in a matter of weeks instead of years.
• It takes patience to complete all the forms and provide all the necessary information.
• It pays to keep good records of all your doctor’s appointments, treatments, diagnostic tests, surgeries, therapy appointments and prescription drugs. If you have not been good at keeping records up until now, start now. It is likely that you will be required to provide updated medical information during the process.

Social Security Disability Requirements

In order to receive Social Security disability insurance benefits, you have to meet two different types of criteria:

• Work history
• Medical condition

If your eligibility is based on work history, because SSDI is funded from mandatory payroll taxes, your work history will be reviewed by Social Security. In most cases, but not all, you should have accumulated 40 work credits to be eligible for Social Security disability benefits.

• You can earn up to 4 credits per year, or one per quarter, for your full time employment.
• FICA taxes must be paid for each of those quarters in order for them to count.
• You should have earned 20 of your 40 credits within the 10 years prior to your disability.
• The work credits are tied to your quarterly earnings, and this amount changes every year. For 2012, to earn one credit in a quarter, the amount you need to earn is $1,120.
• You can be self employed and still qualify for Social Security disability, assuming you have paid your FICA taxes and are earning at least the minimum $1,120 per quarter.

If you have not earned the full 40 credits at the time of your disability, you can still apply for benefits. Social Security has a formula that they use to determine your eligibility against your work history, earnings and your age. Sometimes younger workers can become disabled and have not had enough time to earn the full 40 credits. As appropriate, Social Security will make exceptions in certain situations.

If your eligibility is based on a medical condition, by law, Social Security has to use a fairly narrow definition for determining if your medical condition or illness is disabling.

• You must have a medical condition that has lasted or is expected to last at least 12 months, or that is expected to result in your death.
• This medical condition must prevent you from participating in “substantial gainful activity.” In other words, your medical condition prevents you from working at your former job, a similar job or any other job where you can earn a minimum of $1,010 per month if you are not blind.
• For the blind, significant gainful activity is $1,690.
• These figures change every year by law. The figures shown are current for 2012.

Qualifying for Social Security Disability

When you apply for Social Security disability benefits, the first determination that is made is whether or not you qualify based on your earned work history credits. If you pass that part of the qualification process, the next step is the review of your medical history and records.

In order for Social Security to begin the review of your medical condition, you will need to complete an Adult Disability Report. This is a good time to mention that if you have a child who is or becomes disabled before the age of 22, she may qualify for Social Security disability benefits under your work history qualification. For ease, this Introduction focuses on adults and Social Security, but you should be aware that there are some differences in the application and qualification process for children.

The Adult Disability Report is the first place where you will begin to put into writing your disability.

• You will explain what your disability is and how it affects your ability to perform substantial work.
• Be prepared to list all of the doctors, hospitals or other medical providers who have treated your condition or disability.
• You will list all hospitalizations and surgeries that you have had related to the disability as well as all prescription drugs that you take.

You should make copies of all the medical records that you have from doctors, hospitals, therapists, or diagnostic testing. These copies should be submitted to Social Security along with your Adult Disability Report.

• Accuracy and completeness when filling out the report is key to having an application that takes less time to review.
• If you do not have all or any of your medical records, you can still file an application for disability benefits because Social Security will contact your medical providers directly for your records.
• Social Security may ask you to visit a particular doctor for an independent evaluation of your medical condition. It is extremely important to do your best not to miss this appointment. If this examination is needed, Social Security will pay for the doctor visit.

How to Get Social Security Disability

You will receive Social Security disability insurance benefits if:

• You are eligible for the benefits because you have earned enough work history credits recently enough for your age.
• You can provide compelling medical evidence of a disability that has lasted for at least 12 months, is expected to last at least 12 months, or is expected to result in your death.

This may sound easy, but it is not. You have not doubt heard stories from many people who told you their request for benefits was denied once or twice and they only received their benefits after a lengthy appeals process.

Consulting with an attorney familiar with Social Security disability can help you evaluate if you are likely to be able to receive benefits and that attorney can also help you with everything from filing your initial application through any necessary appeals.

Taking the time to organize and gather your medical history will make the application process easier for you whether you decide to complete the application process on your own or work with an attorney.