Here are answers to the top 10 questions we receive about Social Security disability. If your question isn't answered here, please call us at (256) 799-0297.
10. Q. Why is there a time limit on filing a new disability claim?
A. Because Social Security disability is a type of insurance. It has a starting date and expiration date, based on the date you last worked and paid FICA. Persons who have not worked in about 5 years or more may have already experienced their "Date Last Insured" (DLI), which means their disability coverage with Social Security has expired.
9. Q. Isn't everyone covered for Social Security disability?
A. No. It is a federal insurance program for workers, paid for by payroll deduction called FICA. If a person has not worked in several years they have not paid into Social Security recently and may find that they have no disability coverage.
8. Q. If I am not covered by SSDI because of no recent work history, do I have other options with Social Security?
A. You may be able to get a smaller benefit called Supplemental Security Income (SSI), which does not require any work history at all. SSI does have strict income and financial resource restrictions. The maximum SSI benefit in 2020 is $783 per month, much less than the average SSDI claim.
7. Q. How long does it usually take to get a decision on a disability claim?
A. Since each case is different, there is really no average time. In our experience, you will get an initial decision within 5 months. However, few claimants get approved at this stage. The appeal process will take about a year for most claimants.
6. Q. What medical conditions qualify for Social Security disability?
A. Just about any medically determinable impairment that has lasted for 12 straight months, is expected to last at least 12 straight months, OR is expected to end in death may qualify for disability benefits. Qualifying impairments may be physical and/or mental. The basic tests are: (1) Will one of the disabling conditions met the aforementioned duration requirement, and (2) is the condition severe enough to prevent you from working at any full-time job? Note: If you are over age 50, does the condition prevent you from performing any one of your past full-time jobs (i.e., jobs you had within the past 15 years)?
5. Q. Why are most disability applications denied at the initial stage?
A. Most are denied because the claimant has not submitted medical evidence to PROVE disability under Social Security's very strict and limited definition. The usual denial letter will say (on the last page): "We find that while you cannot perform the jobs you have done in the past, you are able to perform certain other work..." The proper response to this is an appeal (not a new application).
4. Q. When is the appropriate time to get an attorney involved in my claim?
A. There is really no bad time to get professional assistance. However, we feel that entering into the appeal process unrepresented can be a very grave mistake. Appearing before a judge without representation is indeed very risky and unwise. Social Security statistics show that unrepresented claimants only win 31 percent of appeals, while claimants with representation win 60 percent.
3. I've heard it said that it doesn't cost any more to hire a representative on day one, as compared to waiting until later in the process? Is this true?
A. This is generally a true statement. Attorneys (representatives) get paid on the basis of how much back pay the claimant receives, not how long they worked on the case. You are not billed by the hour. Of course, the longer a case takes to get settled, the larger the back pay is likely to be and this may increase the fee. But when the attorney got involved in the case does not make a difference in the fee. If your representative works on the case 1 day or 1 year, the fee is the same.
2. Q. What is the most useful thing I (as the claimant) can do to win my benefits?
A. We feel one of the best things to do is get your doctor involved, if you can. First, get adequate and frequent treatment. Then, ask your doctor for a detailed Residual Functional Capacity (RFC) or Medical Source Statement (MSS). A letter form the doctor usually doesn't help because it won't have the correct legal language the Social Security needs. The form, if obtained from an attorney or advocate will.
1. Q. Do you help me file the original application for benefits? It looks so confusing
A. While many advocate firms will not assist with the initial application (because it is so complicated and time consuming), the Forsythe Form does help on the cases that we accept for representation. Of course, we do an evaluation of each case to see if it is a case that we want to represent. We work on a case-by-case basis, but we do often help with the initial application. There is no charge to get your case evaluated. The best place to start is by calling our office. (256) 799-0297.
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