Q. How long must I be disabled
from work before I can receive benefits?
A. The Social
Security Act requires that a worker be disabled, or be expected to
be disabled, from gainful employment for a minimum period of 12
months.
Q. How do I begin the process
to receive Social Security disability benefits?
A. Go to your local
security office and fill out the initial application.
Q. After I file for benefits,
how long will it be before I know if I have been awarded
benefits?
A. The period
varies greatly. But generally, you should receive a response within
1-3 months.
Q. What should I do if my
initial application is denied?
A. You have 60 days
from the date you receive the notice (or 65 days from the date of
the notice) in which to file for reconsideration.
Q. At what point should I
retain the services of an attorney?
A. It varies with
each individual case. The best approach is to retain an attorney
after your initial denial.
Q. How much does an attorney
charge for representing me?
A. The Social
Security Act provides, in general, that an attorney shall receive
no more than 25% of your back benefits. Therefore, if you are not
awarded benefits, you owe no attorney fee.
Q. When will I have a chance to
have my claim heard before a judge?
A. If you are
denied at the reconsideration level, your next step is to file for
an ALJ (administrative law judge) hearing. The time period in which
to file for this is the same as for filing for reconsideration.
Q. How long can the entire
process take from the time I initially file until I have an ALJ
hear my claim:
A. Again, it varies
greatly. Generally, in the west Tennessee area, it can take as long
as a year.
Q. After the ALJ hearing, how
long before I know if I am awarded benefits?
A. It depends on
the workload of that particular judge. But you may expect that the
ALJ will make a determination within 1-3 months.
Q. If I am denied at the ALJ
level, can I appeal this decision?
A. Yes. The next
step would be a request for review by the Appeals Council. From
there, your recourse is to file an action with the United States
District Court.
Q. How does the Social Security
Administration (or ALJ) determine whether I am
disabled?
A. Your medical
records are obtained and reviewed to determine whether your
incapacity to work meets specific guidelines set forth in the Code
of Federal Regulations. If your injuries or illnesses, separately
or combined, meet or exceed these guidelines, you will be deemed
disabled. Further, at the ALJ hearing, you will have an opportunity
to verbally express how your injuries or illnesses prevent you from
gainful employment.
Q. Are there any factors that
might disqualify me from receiving benefits?
A. Yes. For
example, if you are addicted to drugs or alcohol and it is found to
be a substantially contributing factor toward your disability; or
if you are incarcerated for committing a felony.
Q. What does the Social
Security Administration consider when making its
determination?
A. It will
consider, among other things, your residual functional capacity,
your age, education and work experience.
Q. If I receive Social Security
disability benefits, am I precluded from trying to earn any
money?
A. No. The Social
Security Administration allows a claimant to earn up to $300 per
month without being disqualified for Social Security benefits.
Q. Is a finding by another
governmental or non-governmental agency that I am disabled binding
on the Social Security Administration?
A. No. Other
agencies' decisions are not those of the Social Security
Administration. Their decisions are likely based on different
criteria. The Social Security Administration will make an
independent determination as to your disability status.
Q. Why should I retain an
attorney?
A. The maze of
Social Security laws and regulations can be daunting. An attorney
experienced with handling Social Security claims has the knowledge
to prepare and present your case and provide you with your best
chance of recovery.
*The Social Security Act is very detailed and complicated.
Further, it is constantly changing. Therefore, the answers set
forth above are only generalizations. Contact an attorney for
answers regarding your specific case.
This is a
national program established by the federal government, as
contained within the Social Security Act, whereby employees,
employers, and the self-employed pay contributions that are
maintained in special trust funds. If you are totally disabled and
thus precluded from gainful employment, you and your dependents may
be entitled to Social Security disability benefits. These benefits
consist of monthly payments. The amount of such payments depends
upon how much you contributed into the trust fund, subject to a
monthly maximum. This maximum is usually adjusted at the beginning
of each year to offset inflation.