Frequently
Asked Questions:
What
is the
difference between Social Security Disability Insurance (SSDI) and
Supplemental
Security Income (SSI)?
- To
qualify
for SSDI, a person must have worked and paid in, through payroll
deductions, to
the Social Security system for at least five of the past ten years.
- To
qualify
for SSI, the person must have extremely low household income and
assets, but
does not have to show any record of paying into the system.
Am
I disabled under the Social Security Administration’s (SSA)
definition?
To
be considered disabled under SSA’s definition, you must have
a
severe physical
or mental impairment(s) or combination of impairments that is likely:
- To
produce
death, or
- Prevent
you
from working for at least 12 months in your regular occupation or any
other
occupations that exist in significant numbers in the national economy.
What
are the
physical or mental impairment(s) that SSA recognizes?
There
are
many disabling impairments.
Below are
some of the more prevalent disabilities that might make you eligible
for SSI or
SSDI benefits.
- People
that
were injured at work or injuries resulting from falls or accidents.
- People
with
mental health issues.
- People
who
have had a stroke or suffer from heart disease.
- People
with
fibromyalgia, CFS or chronic joint pain.
- People
with
spinal cord injuries, amputations, post-polio syndrome or motor
dysfunction.
- People
with
malignant or terminal diseases.
- People
with
significant loss of hearing, vision or speech.
- People
with
neurological impairments.
- People
with
respiratory diseases.
- People
with
diseases of the immune system.
NOTE:
The above is only a partial
list of disabilities.
Do
I have to
wait one year after becoming disabled to apply for benefits?
No,
you
should apply for benefits as soon as you become disabled.
It can take anywhere from
three to five
months to process the application for disability benefits.
I applied
for SSDI benefits and have been turned down.
How long do I have to appeal?
Generally,
you have 60 days to file an appeal of any denial of benefits.
What
if I
disagree with the determination?
If
you
disagree with the initial determination, you can appeal.
Most people, about 70
percent, are denied at
the initial level.
The first appeal is
called Reconsideration.
This appeal is a
review of your case by a team that was not involved in the original
determination.
If your case is denied at
this level, you can request a hearing before an administrative law
judge, who is not bound by the previous determinations.
If you are denied after the
hearing, you can
ask for a review by the Appeals Council.
If you lose at the Appeals
Council, you have a right to file a
civil
lawsuit in U.S. Federal District Court.
If
I get
disability, will I be entitled to health insurance?
If you
receive SSDI benefits, you are eligible for Medicare twenty-nine months
after
your onset date or two years after the first date you were eligible for
benefits, whichever is later.
If you
receive SSI benefits, you will receive Medicaid effective the day you
applied
for SSI.
People with Amyotrophic
Lateral Sclerosis (“ALS” or “Lou
Gehrig’s
disease”) or those with End Stage
Renal Disease (kidney disease) are eligible for Medicare without the
normal
waiting period.
What
is your
fee?
We
will not charge a fee unless we win your
case.
If you are approved, SSA will
pay
our approved fee from your back pay.
