HOW TO GET FEDERAL DISABILITY PAYMENTS STARTED

Starting federal disability payments first requires a medical determination that you are disabled.  This is accomplished by filing an application for Social Security disability under Title 2 of the Social Security Act.  A state agency known as the Disability Determination Service will examine your application to determine if you meet the requirements for disability.

Here is a brief checklist of things you need to know as you consider filing for disability:
  1. Are you currently working?  If you are now earning at least $1,090 per month before taxes or withholding, you are engaged in substantial gainful activity and are not eligible for federal disability benefits.
  2. Are you covered by Title 2 disability insurance, also called SSDI (Social Security Disability Insurance)?  Unless you are a very young individual, you generally would need to have worked at least 5 years out of the most recent 10 year period. You can find out if you are covered by calling Social Security at 1-800-772-1213.  (Persons who are not covered by Title 2 may still be able to file a Title 16 or SSI claim).
  3. Do you have a medically determinable impairment that will cause you to be unable to work for at least 12 consecutive months, or which is expected to end in death?
  4. Are you unable, because of a physical and/or mental condition, to work at ANY full-time job, not just the job your recently performed or have training in?
The body of law that deals with Social Security disability is federal administrative law.  Filing for disability or appealing an unfavorable decision generally does not require filing a lawsuit.  However, most claimants have to appear before a US administrative law judge before they are approved.  This is because more than 70 percent of claimants are denied at the application level and must appear at a hearing.

While hearings are sometimes referred to as "informal," don't be misled by this term.  There are very complex regulations that govern a hearing and you must provide proof that you meet the rules for disability payments.  About 90 percent of all claimants at the hearing level are professionally represented.  

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