Filing a Social Security Disability Claim
Posted by admin on Jan 5, 2009
Q: Should I make my claim for social security disability under my own account, or under the social security account of my spouse who recently passed away?
A: For most social security disability applicants, the goal is to get the largest payment possible. In some cases, you will receive the most generous payment by applying under a deceased spouse’s SS account. Other times, the largest payment will come from your own account. In either case, you will need to determine the highest payment, as you cannot apply under both.
The first step when deciding under whose account to request social security disability is to determine which will provide higher payment. It is best to check with the SSA to determine what those payments might be. Depending on your age, level of ability or disability, and your years of work, it is possible to receive higher payments on your own, or via a deceased spouse’s account. In the case that you do choose to claim survivor’s benefits, you will receive your spouse’s full social security disability benefits when you reach retirement, or when you reach the age of 50 and are disabled. If you are not disabled, you can get anywhere from 71 to 99 percent of your spouse’s benefits before you reach retirement, as long as you are 60 years old or older.
Q: I currently get my benefits from social security disability, but I want to switch to social security retirement.
A: Generally, if you receive social security disability benefits, those benefits will be transferred to retirement benefits upon reaching retirement age. Most people who get social security disability have to do little or nothing to bring about the transfer. Speak to the SSA or a social security disability lawyer for more information.
Q: I heard the everyone has their social security disability application denied by the SSA the first time they apply. Is that true?
A: You have probably heard comments and complaints from many social security disability applicants that their claims are constantly denied; but in reality, not all first applications are rejected. In truth, the SSA has no rule in place that directs them to deny all first claims. That said, it is true that many first applications are denied, and that approvals tend to result from the appeals process.
Nationwide, 70% or so of social security disability claimants are denied on their first application. The biggest problem with this is that many who see their claims rejected do not know what to do improve their chances of being approved on the next application. Since most social security disability approvals happen through appeal, it is key to have knowledge of the ins and out of the appeals process. Consult the Social Security Administration or a social security disability expert for more information.
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The Social Security Administration has no policy or regulation stating that all first applicants should be denied. One the other hand, it is also true that first claims are denied quite often, and that the highest success rate with social security disability claims is in appeals, not on first application.
Of all social security disability claims, about 70% are denied the first time they apply. Unfortunately, many of those who are denied do not have a full understanding of what they should do in order to be approved next time they apply. In order to reduce your chances of being denied more than once, it is important to have a through understanding of the social security disability appeals process.
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A social security lawyer can be a great help to you in compiling the information that you will need in order to make your case for a disability claim. Claiming Social Security Disability benefits can be a long and arduous process, oftentimes involving various forms and documents, and interviews with Social Security Administration representatives. In case you are denied Social Security Disability benefits, you may even have to face a judge, which is yet another good reason to have a social security lawyer on your side. When you consider that many SSD applicants are often denied benefits two times or more, and the appeals process can take up to two years to complete, the reasons for hiring a social security lawyer become even more apparent. With a social security lawyer, this process can be speeded up considerably.
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You will not be awarded retroactive benefits for that period of time.
Q: Where do I submit an application for social security disability benefits?
A: You can apply for social security disability benefits online at http://www. socialsecurity. gov or by calling Social Security at 800. 772.
You will be considered legally blind if your sight cannot be corrected to 20/200. Even those that do not fall under the category of legal blindness can receive some benefits. You may want to speak with a social security lawyer about qualifying as legally blind.
The SSA has special guidelines when working with legally blind applicants. Because being blind is so debilitating, many legally blind applicants can receive higher benefits than those with other disabilities.
People who only have cases of partial disability or short term disability are not eligible for Social Security benefits.
My doctors say that there is no treatment that can help me, so why do I have to keep going to doctors?
Even if your doctor has pronounced that there is no longer any treatment that can help you, you should continue seeking medical help in order to ease the pain or symptoms of your condition. This is all the more important if you are still currently receiving Social Security benefits, since the SSA will check on your status from time to time and decide if you are still considered disabled. Failing to see a doctor regularly may give the SSA cause to believe that you are no longer disabled.
While I am still currently working, I am no longer able to work in the same capacity and I am earning much less.
If you can no longer pay your medical bills, seek assistance. You need to continue to go to the doctor. Many charities offer assistance to pay for medications. Look into state health assistance programs. Find free clinics, if need be, for routine visits.
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Under SSA rules, you are classified as disabled if you cannot work in the same job as before, and your condition prevents you from working at another job. You will also be considered disabled if your condition is expected to last for a period of one year or more OR if it is expected to result in your death.
Social Security is designed to work on the principle that members can rely on family members to support them during their illness or that they have other sources of income. These resources may include compensation from your place of employment, insurance programs, and personal savings.
In order to determine the eligibility of a person to apply for Social Security benefits, the Social Security Administration provides a list of medical conditions that are acceptable for the benefits.
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Q: Can you receive Medicare once your application for social security disability insurance is approved?
A: You are eligible for Medicare two years after the date social security determined you are entitled for social security disability benefits. That entitlement date is the date of onset of your condition (determined by social security when your claim was approved) with the 5 month waiting period added on. Your entitlement date is basically when you start collecting your social security disability payments. Medicare benefits can be awarded two years after that. If you were awarded social security disability insurance benefits, you will receive Medicare.
Are you eligible for social security benefits? If so, which ones? The eligibility requirements are complex, and determining whether you qualify can be intensely frustrating. To work out which disability benefits you may be able to receive, and to find out whether you will be able to earn an income while receiving disability, read on.
Is it possible to get partial disability through SSA?
No, people with partial or short term disabilities are not eligible for disability benefits through Social Security. Social security benefits are available only to applicants who are completely disabled and whose disability is considered likely to last at least a year. (Note that people who qualify for disability benefits may collect benefits while working as long as their maximum possible income is lower than a SSA determined income cap.
Q: Should I apply for social security disability benefits under my social security account or my deceased spouse’s?
A: For most social security disability applicants, the goal is to get the largest payment possible. Sometimes the largest social security disability payment will come from the survivor’s benefits you receive from a deceased spouse’s account. Other times, the largest payment will come from your own account. In either case, you will need to determine the highest payment, as you cannot apply under both.
When deciding if you want to apply under a spouse’s account or your own, calculating the highest social security disability payment is an obvious first step.
For a child to be able to obtain benefits under your social security account, he or she must be financially dependent upon you. Whether they live with you or not, your child will automatically be considered your financial dependent if you share any of the following relationships with them:
• He or she is your legitimate child
• The child is your legally adopted child
• He or she is your natural but illegitimate child for whom a judge has issued a determination of support, or for whom you make regular financial contributions.
If a court has not officially made a determination of support for a recognized natural child that does not live with you, you can show that child’s financial dependency upon you by providing:
• Paperwork showing that your child is qualifies as your dependant in other state and federal programs
• Old W2s and other tax forms showing that you claimed your child as a dependent
• Bank records, cancelled checks, etc. , showing that you made regular payments on behalf of or in support of your child
• Other evidence of the child’s dependence
Financial dependability (and eligibility for social security benefits) of a stepchild, on the other hand, will only determined when that child lives with you and shares with you a parent and child relationship. As a guideline, your husband or wife’s legitimate child, adopted child, or illegitimate child will be considered your step child.
Knowing that you are applying for disability, billing departments are more willing to work with you. Filing for public assistance programs can also be helpful. Some states offer assistance loans that you must pay back once you receive a decision on your social security disability claim. Section 8 housing aid or food stamp programs may be helpful if your wait is long. If your finances are in trouble because of your wait, it may be wise to seek counsel with a lawyer specializing in social security.
Provide contact information for all your treating physicians. Lastly, come prepared with background on the past 15 years of your work history. Hours worked and salary should be included. Assure you consult with your social security attorney, if applicable, before you go to that first meeting with Social Security. Having a social security attorney is not required for any part of the disability application process, but you will want to assure you come prepared to the first meeting.
This is a two year waiting period that starts when your disability begins. In order to receive Medicare coverage for your disability, you are also required to be eligible for social security disability. Unfortunately, the combination of the waiting periods for both social security disability and Medicare coverage can make for a very long Medicare wait. It’s generally a good idea to speak with a social security lawyer at the beginning of the process to gauge how long your wait may be.
Q: The SSA says I am short one credit to apply for disability insurance.
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These benefits can be used to provide you with an income source in the event that you are not able to work.
The Social Security Act defines disability as either a physical or mental condition that prevents the sufferer from engaging in any activity that generates income, and that can either result in his or her death or last for 12 months or more. Many people seem to be confused about when they can apply for Social Security disability benefits and when they can begin collecting payments. The fact is that you should apply for disability as soon as possible, even on the first day of your disability if you can manage to do so. This is because the process can take a lot longer than anticipated, and waiting too long before you apply may mean delaying your benefits even longer, as well as risking the chance of lost benefits.