BASIC SOCIAL SECURITY INFORMATION - A SURVIVAL GUIDE TO DISABILITY
I've
taken time to answer many of the most basic questions about Social
Security disability, so you can save time, have answers and plan your
financial survival. If your question isn't answered here, please
contact me at (256) 799-0297 or (256) 431-1599 and I will speak to you
at no cost or obligation. Please note that my practice is limited
solely to Social Security disability, so I can address only this issue.
Who can apply for Social Security disability (SSDI) benefits? Anyone who has worked enough to be covered under the Social Security program. Coverage is obtained by earning wages and paying FICA tax to Social Security. Also, you need to be under full retirement age to get disability benefits. For most folks, that's around age 66 or 67.
What are the basic medical requirements to get benefits? You must have at least one severe impairment which has lasted, or is expected to last for at least 12 consecutive months (or to end in death). Your impairment must pose a significant restriction on your ability to work. You will need medical proof with recent medical treatment.
Can I apply for SSDI while I am still working? No. If you are earning wages or self-employment income that amounts to "substantial gainful activity" or SGA, you may not get disability benefits. SGA for 2017 is defined as wages, tips, salary or self-employment income of at least $1,170 per month before deductions. (Other types of non-earned income do not count).
When should I apply? Apply as soon as you have a medical condition that is expected to keep you from working for at least 12 consecutive months? You don't need to wait 12 months to file an application.
How long will it take to get a decision? Social Security usually takes 90 to 120 days to reach a decision on a disability application.
I've heard that most applications are denied. Is that true? Yes, unfortunately, about two-thirds of applications are denied and require an appeal.
Are my odds of approval better at the appeal level? Yes, considerably better. Especially if you have competent legal representation to help you at your hearing.
How much will my monthly benefit be? Monthly benefit will vary, based on your age, earnings, how long you have worked and paid into Social Security. The national average for SSDI checks is about $1,160 per month. Your amount may be higher or lower.
How does legal representation work? A representative will work on your case and prepare the application, or prepare for the appeal hearing, whichever is required. You will never be charged a fee unless you win benefits, including recovery of back pay or past due benefits. If your representative has qualified for direct payment of fees, Social Security will withhold the approved fee from your back pay and pay the representative directly.* If you are not approved, or if you don't receive any back payments, no fee is due and you owe nothing.
When do I need to get a representative involved? That really depends on you. Some claimants like a representative involved from the very beginning to help file a proper application and oversee the gathering of medical evidence. Others wait to see if they are denied, then get a representative to help with the appeal and hearing. If you are really good at completing complex forms, and can get it done accurately and on time, you may not need a representative until you are denied. Many people, however, feel that a representative may help prevent mistakes on the application and get a quicker decision or a better outcome. The choice is yours to make.
We've answered a lot of common questions here. Chances are you have more questions that we didn't post. If so, call us anytime in Huntsville at (256) 799-0297 or in Athens at (256) 431-1599.
*Our advocate, Charles Forsythe, is qualified for Direct Fee Payment from the Social Security Administration.
The Forsythe Firm is NOT affiliated with the US Social Security Administration. We are a privately owned professional firm and we work for our clients.
Who can apply for Social Security disability (SSDI) benefits? Anyone who has worked enough to be covered under the Social Security program. Coverage is obtained by earning wages and paying FICA tax to Social Security. Also, you need to be under full retirement age to get disability benefits. For most folks, that's around age 66 or 67.
What are the basic medical requirements to get benefits? You must have at least one severe impairment which has lasted, or is expected to last for at least 12 consecutive months (or to end in death). Your impairment must pose a significant restriction on your ability to work. You will need medical proof with recent medical treatment.
Can I apply for SSDI while I am still working? No. If you are earning wages or self-employment income that amounts to "substantial gainful activity" or SGA, you may not get disability benefits. SGA for 2017 is defined as wages, tips, salary or self-employment income of at least $1,170 per month before deductions. (Other types of non-earned income do not count).
When should I apply? Apply as soon as you have a medical condition that is expected to keep you from working for at least 12 consecutive months? You don't need to wait 12 months to file an application.
How long will it take to get a decision? Social Security usually takes 90 to 120 days to reach a decision on a disability application.
I've heard that most applications are denied. Is that true? Yes, unfortunately, about two-thirds of applications are denied and require an appeal.
Are my odds of approval better at the appeal level? Yes, considerably better. Especially if you have competent legal representation to help you at your hearing.
How much will my monthly benefit be? Monthly benefit will vary, based on your age, earnings, how long you have worked and paid into Social Security. The national average for SSDI checks is about $1,160 per month. Your amount may be higher or lower.
How does legal representation work? A representative will work on your case and prepare the application, or prepare for the appeal hearing, whichever is required. You will never be charged a fee unless you win benefits, including recovery of back pay or past due benefits. If your representative has qualified for direct payment of fees, Social Security will withhold the approved fee from your back pay and pay the representative directly.* If you are not approved, or if you don't receive any back payments, no fee is due and you owe nothing.
When do I need to get a representative involved? That really depends on you. Some claimants like a representative involved from the very beginning to help file a proper application and oversee the gathering of medical evidence. Others wait to see if they are denied, then get a representative to help with the appeal and hearing. If you are really good at completing complex forms, and can get it done accurately and on time, you may not need a representative until you are denied. Many people, however, feel that a representative may help prevent mistakes on the application and get a quicker decision or a better outcome. The choice is yours to make.
We've answered a lot of common questions here. Chances are you have more questions that we didn't post. If so, call us anytime in Huntsville at (256) 799-0297 or in Athens at (256) 431-1599.
*Our advocate, Charles Forsythe, is qualified for Direct Fee Payment from the Social Security Administration.
The Forsythe Firm is NOT affiliated with the US Social Security Administration. We are a privately owned professional firm and we work for our clients.
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