DISABILITY: COMMON QUESTIONS WITH ANSWERS
We like to post questions and answers concerning Social Security disability. We try to choose questions that occur frequently and have appeal to a wide range of persons. These answers are not intended as legal advice, or to help any individual with a particular claim or problem. They are for general information only. Do not rely on this information to take any particular action on your claim or problem before you speak to a professional.
Q. Why does it take so long to get a hearing after a denial of benefits?
A. Because Social Security is backlogged with more than 1 million appeals in the United States. The average wait is about 14 months to get before a judge for a hearing. In Alabama, the average wait time is around 13 months. (This is average, and some cases take even longer).
Q. Will having representation reduce my wait time?
A. Probably not. Since about 80% of appeal claimants are represented, they all wait about the same length of time. Unless your cases is "critical" or you have a "dire need," the wait time cannot be reduced. It takes about 4 months to get a decision on an application and an average of 13 months (sometimes more) to get a hearing once you are denied.
Q. On what is back pay based?
A. Back pay is based on two factors: your application date and the established onset date (the date you first became disabled, as determined by Social Security). You may collect benefits for a period of time prior to your application. This is called "retroactive pay." You may collect benefits for a period of time after you file the application (while you are waiting on a decision or appeal). These benefits are called "back pay." Often, the two types of benefits are spoken of collectively and simply called "back pay," but there is a technical difference.
Q. I recently received a favorable decision from a judge and it mentions a "date last insured" of December 31, 2018. What does "Date Last Insured " mean? Will my benefits stop on this date?
A. No, date last insured (DLI) has nothing to do with when your benefits will stop. It refers to the date that your Social Security disability insurance ceases because you are no longer working and paying FICA taxes, which are used to provide the SSDI coverage. Generally, you cannot file a new claim after the date last insured (DLI) unless you can prove that your disability began before the date last insured. In this example, your DLI is 12/31/18. You would not be able to file a new claim after that date unless you could prove you became disabled prior to 12/31/18. It refers to filing a new claim and has nothing to do with a claim that has already been approved.
Q. I was told I cannot file an SSDI claim because I have never worked - but I know people who get Social Security disability who have never worked? How is that possible?
A. They could be receiving Supplemental Security Income (SSI) which does not require a work record. SSI is a benefit under Title XVI of the Social Security Act for low income individuals and is a separate program from SSDI (Title 2) entirely. Another possibility is that a disabled individual may receive a benefit under another person's work record, such as a deceased spouse, for example. It is not otherwise possible to receive SSDI if you have never worked, therefore, were never insured.
Q. I have been unemployed for over 3 years and told by dozens of companies that there are no openings for any job I am qualified for. Won't that help me to get disability benefits?
A. Unfortunately, no. Being "unemployable" or not being able to find work for reasons other than a physical or mental impairment do not qualify for benefits under the Social Security Act. Even if no jobs are open in your community, that is still an employment problem, not a disability. A person in these circumstances might benefit from speaking with a vocational rehabilitation counselor, a state or community work rehabilitation center, or considering training at one of the community colleges or technical schools in the area to develop new job skills. Remember that Social Security disability requires a "severe medically determinable impairment" that makes a person physically or mentally unable to perform full-time work.
Q. Why does it take so long to get a hearing after a denial of benefits?
A. Because Social Security is backlogged with more than 1 million appeals in the United States. The average wait is about 14 months to get before a judge for a hearing. In Alabama, the average wait time is around 13 months. (This is average, and some cases take even longer).
Q. Will having representation reduce my wait time?
A. Probably not. Since about 80% of appeal claimants are represented, they all wait about the same length of time. Unless your cases is "critical" or you have a "dire need," the wait time cannot be reduced. It takes about 4 months to get a decision on an application and an average of 13 months (sometimes more) to get a hearing once you are denied.
Q. On what is back pay based?
A. Back pay is based on two factors: your application date and the established onset date (the date you first became disabled, as determined by Social Security). You may collect benefits for a period of time prior to your application. This is called "retroactive pay." You may collect benefits for a period of time after you file the application (while you are waiting on a decision or appeal). These benefits are called "back pay." Often, the two types of benefits are spoken of collectively and simply called "back pay," but there is a technical difference.
Q. I recently received a favorable decision from a judge and it mentions a "date last insured" of December 31, 2018. What does "Date Last Insured " mean? Will my benefits stop on this date?
A. No, date last insured (DLI) has nothing to do with when your benefits will stop. It refers to the date that your Social Security disability insurance ceases because you are no longer working and paying FICA taxes, which are used to provide the SSDI coverage. Generally, you cannot file a new claim after the date last insured (DLI) unless you can prove that your disability began before the date last insured. In this example, your DLI is 12/31/18. You would not be able to file a new claim after that date unless you could prove you became disabled prior to 12/31/18. It refers to filing a new claim and has nothing to do with a claim that has already been approved.
Q. I was told I cannot file an SSDI claim because I have never worked - but I know people who get Social Security disability who have never worked? How is that possible?
A. They could be receiving Supplemental Security Income (SSI) which does not require a work record. SSI is a benefit under Title XVI of the Social Security Act for low income individuals and is a separate program from SSDI (Title 2) entirely. Another possibility is that a disabled individual may receive a benefit under another person's work record, such as a deceased spouse, for example. It is not otherwise possible to receive SSDI if you have never worked, therefore, were never insured.
Q. I have been unemployed for over 3 years and told by dozens of companies that there are no openings for any job I am qualified for. Won't that help me to get disability benefits?
A. Unfortunately, no. Being "unemployable" or not being able to find work for reasons other than a physical or mental impairment do not qualify for benefits under the Social Security Act. Even if no jobs are open in your community, that is still an employment problem, not a disability. A person in these circumstances might benefit from speaking with a vocational rehabilitation counselor, a state or community work rehabilitation center, or considering training at one of the community colleges or technical schools in the area to develop new job skills. Remember that Social Security disability requires a "severe medically determinable impairment" that makes a person physically or mentally unable to perform full-time work.
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