Are You Facing a Difficult Social Security Disability Situation?
10/07/08
Many, many Americans (even the ones who qualify for benefits) are filled with questions about the process of applying for Social Security Disability. If you are not familiar with the ins and outs of the Social Security Disability process, applying for benefits can be a pretty frustrating experience. If this is you, you are not the only one out there feeling that way. Read on for easy to understand answers to some of the social security questions we most commonly hear. Hopefully this will help you decide what your next step is going to be or at least where to look for help.
The question we probably hear more than any other is "How are Social Security Disability and Supplemental Security Income different? The truth is, there is a lot of difference between them. Supplemental Security Income is commonly referred to as SSI, and Social Security Disability is referred to by the initials SSD. The common ground between the two is they are both for disabled citizens, but that is where the commonality ends.
SSI is for those people that are disabled and have never worked or have not worked enough to qualify for SSD. This would include children, stay at home parents or spouses, or younger individuals that worked but did not pay enough into Social Security in the last 5 to 10 years to be eligible for SSD before they became disabled. SSI also is income based, so if you are married and your spouse makes too much money for the Social Security guidelines you could be denied even if you are disabled.
For SSD, when you work and pay taxes you also pay Social Security. The Social Security Administration keeps records on each individual, recording how many years they worked, how much they earned, and how many Social Security "quarters" they have worked and paid. Once a person has qualified for SSD benefits, a Social Security record or statement will be provided to them annually. This statement will detail how much money you could receive if you became disabled and approved for Social Security Disability benefits. This statement also tells you your Date Last Insured often referred to as your DLI.
Q: "I would like to obtain a copy of my SSD record. How do I do this?
A: You can contact your local Social Security Administration office and ask for a copy of this statement. You can also call the 800 number for the Social Security Administration and ask them for the pertinent information which would be how many quarters you have, what your DLI is, etc. You can find your local office by calling 1 800 772 1213 or going online to the Social Security Administration website.
Q: "I have worked almost all of my life? How is it possible that I do not qualify for SSD benefits?"
A: The reasons why you may not qualify for benefits are different from person to person. When you pay into Social Security it is almost like when you pay for health coverage. A certain amount of time after you stop paying your coverage will end. It works the same way with Social Security. If, for instance, you work for 30 years before retiring early, the moment you leave work you will stop paying into your Social Security account. After this, you only have a certain amount of time before your Social Security Disability coverage will end. If you are in this situation and your coverage has ended then you should consider applying for SSI.
Q: "I paid good money into the Social Security system, and now it is gone! Why can't I get it back?
A: This is a good argument but unfortunately this is not how Social Security works. You do have to be found medically disabled even for SSD benefits. Yes, you paid into the system and that is why you are able to apply for SSD benefits instead of SSI benefits.
Q: "I am already getting Social Security Disability but its not enough, I need to get more money."
A: This is often what people say and this situation is understandable. Unfortunately when you are receiving Social Security Disability there is not a such thing as getting more money. With SSD you are either approved and receiving the entire benefit available to you or you are denied and receive nothing. There is only so much "money" in your "account" to be withdrawn. It is similar to if you had a regular bank account that you withdrew monthly funds from, there is only so much money in that bank account and no more is being added because you are not working.
Q: "Before I went to jail, I was receiving Social Security Disability. Why do I no longer receive my benefits?
A: When you are in jail or prison, you are a ward of the state and the state is paying for your food, clothes, and necessities. During this time, your SSD benefits will automatically stop, and you will have to apply for benefits all over again when you are released. In this situation it may be a good idea to contact an attorney or professional that is familiar with this type of situation.
Q: "How long does this process take?"
A: The answer to this changes from applicant to applicant. As a general rule, pretty much every applicant will be rejected one or more times. The entire process on average can take about 2 to 5 years. If you have been going through this process and now you are facing a hearing it is beneficial for you to at least speak with a representative that knows the law for Social Security benefits. Most Social Security professionals offer a free consultation, and will let you know up front whether or not they can take on your case.
Q: "I was approved but now they are telling me that they over paid me and I have to pay them thousands of dollars back." A: This can happen and it is referred to as an overpayment case. There are attorneys that handle this specific situation.
If you find yourself in any of these situations and you are not sure what to do start asking questions. Contact a local professional for a free consultation and just because one attorney does not want to take your case doesn't mean that another attorney wont. Shop for lawyers accordingly... some only take SSD or SSI cases, while others take all social security related cases. If you do not know how to find a Social Security lawyer or who you should speak to first, there is a referral agency for lawyers who work with Social Security cases. This agency is called the National Organization for Social Security Claimant's Representatives, or NOSSCR. When you speak to NOSSCR, be sure to let them know your specific situation, such as a stoppage of payment of benefits (called a cessation), a claim of overpayment, etc., so they can refer you to the best professionals to take on your case.
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