Filing for Disability: Do You Qualify for Social Security Disability Benefits?

Most people think of retirement when they hear Social Security, however Social Security provides benefits to people who are disabled as well.

The list of requirements that must be met for Social Security disability benefits is pretty long, and many people don't meet those requirements. In fact, the Social Security Administration says over 60% of applicants are denied each year because they don't meet the strict definition of disability.

Before filing for disability - tests you must meet to determine if you are eligible for benefits:

First, you must be fully insured, which means you have earned 40 credits over 10 years in covered employment. In 2011, you must earn at least $1,120 to earn one credit and $4,480 to earn four credits (you can only earn four credits in a year). If you have less than 10 years of work history, there is an alternative test based on your age to determine if you meet the duration of work test.

The second test is the recent work test, which basically says that you must have earned at least 20 credits in the last five out of ten years that ends with the calendar quarter you became disabled. In general, you must have recent work history in order to qualify for disability benefits. Again, alternative tests apply for people who become disabled before age 31, since they haven't had time to build the work history that older workers have.

Definition of Disability - Read this before Filing for Disability (Note: most people do not meet this strict definition of disability)

Social Security has a very strict definition of disability, so make sure you qualify before you apply for benefits. It's important to note that Social Security does not pay benefits based on partial disabilities, you must be totally and permanently disabled to received benefits. According to Social Security a person is disabled when he or she is unable to work because of a medical problem or condition that lasted or can be expected to last for at least one year (continuously), or that will result in the person's death. Also, the person must not be able to engage in any "substantial gainful activity".

If you meet the strict definition of disability above, then you should apply for benefits as soon as possible. First, the time to process your application is very lengthy; second, there is a mandatory five-month waiting period, so you will not receive benefits right away when applying for disability.

There are five main questions that Social Security looks at when reviewing a disability application:

1. Is the person currently working? If yes, is the person earning more than $1,000 per month? If so, then the person is considered to be engaging in substantial gainful activity and their claim is most likely going to be denied.

2. How severe is the medical problem? The illness or injury must severely limit the person's ability to do basic tasks, such as sitting or walking. In other words, it must limit the person's ability to do work.

3. Is the illness or condition on the List of Impairments? Social Security has a list of impairments which is a list of medical problems that are so severe that any person who suffers from them is automatically considered to be disabled.

4. Can the person do the job he or she did before she became disabled? If so, their claim for disability benefits will probably be denied. Disability is intended for people who are so severely disabled that they cannot do the work they did before they become ill or injured.

5. Can the worker do any type of work? Again, if the answer is yes, the person's claim will probably be denied if they can do work that is considered "substantial gainful activity".

If you do qualify for disability, your benefit will be based on your lifetime earning's record. Your benefit will continue until you recover and your disability ends or until you reach your normal retirement age, at which time your benefits will switch over to retirement benefits.

If you are receiving disability, your family may also qualify for benefits. Your spouse may receive a benefit of 50% of your benefit beginning at age 62 (divorced spouses may also qualify if you were married for at least 10 years). Any children you have that are under the age of 18 (or over age 18 and disabled before age 22), may also qualify for 50% of the amount you are receiving. The total benefits your family can receive is limited based on the maximum family benefit (updated each year).

Applying for disability can be a very lengthy and complicated process. To get started you can visit the Social Security website at ssa.gov and click on Apply for Disability Benefits.

Learn how to get the maximum Social Security benefits you are entitled to at Your Guide to Social Security, a website created to help baby boomers learn everything they need to know to make the most out of their Social Security, including when to apply, how to coordinate spousal benefits, how to minimize the taxes they pay on Social Security and much more.

http://www.socialsecurityretirementincome.com

Social Security Disability Benefits - How to Apply

It has been found that there is reluctance on the part of many incapacitated and disabled persons to approach the authorities to claim social security disability benefits due to a certain kind of social stigma supposedly attached to it. But it is always better to apply for it in case you are unable to work and fend for yourself than to spend the rest of life in penury and misery.

The first step is to get the application filled up immediately once you are disabled as processing of the application in most cases takes a long time to complete. Many applicants with lack of knowledge of the procedures are forced to undergo hardship simply because they lingered on for a long time before filing the application.

The authorities scrutinize your application and evaluate your work record and medical reports to determine whether you are a genuine candidate. In many cases the initial cases are denied due to one reason or other. It has been found that in some states the denial rate is more than sixty percent of the total applications received during a year. Once denied at the application stage, the claimant has the option to approach an administrative law judge specially designated to hear disputed social security disability cases. However, rejection levels at this appeal route are much more than denial rates at the application stage itself. However, it is highly advisable that you hire a legal representative to present your case.

The paper work involved in the process of filing an application is huge. Timely submission of papers for re-examination is also vital. Qualified and experienced service providers in this field are available to help you file your papers properly and as per the requirements.

It is a fact that social security disability claims will be evaluated almost completely on your medical records. It is therefore imperative that the claimant get regular medical treatment and keep the records safely for submission. It is found that many applications get rejected due to the lack of current medical records, even if there is an abundance of past treatment details. The judge or the authorities would rightly assume that you have passed your disabled state and is now able to work for a living. The applicant also should make sure that he complies with the medications stipulated by a medical practitioner.

It is also important that an aspirant keeps friendly relations with the concerned authorities and people working on the case. If you fulfill all these criteria, no one can stop you from getting your claim honored.

If you want to know more about Social Security Disability Benefits then feel free to visit http://www.disabilityappeal.com

Winning Social Security Disability Benefits at a Hearing

Everyone wants to be approved for their Social Security Disability benefits; otherwise they wouldn't have applied for them in the first place. But unfortunately, many applicants are denied in the initial decision on their claim. The next step is to begin the appeals process; if your appeal is declined, you must request a hearing with an Administrative Law Judge (ALJ). Because a significant percentage of disabled individuals get denied at hearings, it's important to prepare your claim well beforehand. Read on to learn more about winning Social Security Disability (SSD) or Supplemental Security Income at a hearing.

There are a number of things you can do before your SSD hearing to improve your chances of winning SSD benefits. While doing one of these things won't guarantee you will win approval of your Social Security Disability eligibility, doing none of these things will definitely guarantee you won't win benefits.

Document Everything Involving your Case

Medical record documentation is essential to proving you are actually disabled and eligible for benefits. And when I say everything, I mean EVERYTHING. That means your entire medical history, including dates of all your doctor's visits, medications that you've taken, how your disability has increased or diminished, etc. It's essential to submit all your medical records from the time you first started noticing your disability, because the ALJ at your hearing will need to determine whether your SSD benefits should be paid from your alleged onset.

If you hire a Social Security Disability Advocate for your hearing, they will submit a copy of all your records to the ALJ. If you are missing anything vital to your case, your advocate will make every effort to obtain the missing records.

Get Supportive Statements from your Doctors

While statements from treating physicians are helpful, they seem to carry much more weight when evaluated by an Administrative Law Judge. It is not always clear who is making determinations on your claim at the initial levels of your SSD claim. At a hearing these statements can actually win the whole case! For that reason, you should request that any of the doctors you are seeing write supportive statements that back up the objective medical evidence you have submitted to the ALJ.

Hire a Social Security Disability Advocate

If you haven't done so already, hire an SSD advocate. Your advocate will have been to numerous hearings, and know all the questions you need to be able to answer, evidence needed, how to present this evidence to the ALJ, etc. They will prepare you for your hearing the way no article on the internet can. Having a skilled and knowledgeable advocate at your side can definitely be the difference between winning and losing your SSD claim.

Your Social Security Disability hearing is the culmination of months, sometimes years, of waiting to be heard and approved for your SSD benefits. Don't risk losing at your hearing, hire an SSD advocate and improve your chances of winning Social Security Disability benefits.

Binder & Binder® was formed in 1975 to help clients all over America obtain Social Security Disability benefits. As America's Most Successful Social Security Disability Advocates®, they have served tens of thousands of people throughout the United States, Puerto Rico, the Virgin Islands and all U.S. territories in matters of Social Security Disability and Supplemental Security Income.

If I Am Medically Disabled Am I Eligible For Social Security Disability Benefits?

You would think that all it takes to get Social Security disability insurance (SSDI) benefits is to prove that you are medically disabled and can't work. That seems logical. However, there are other things the Social Security Administration (SSA) looks at in addition to your medical condition that have nothing to do with your disability. You have to also pass SSA's "non-medical requirements" for disability benefits.

You Must be Insured for Benefits

You must have paid into Social Security through past work. This means that taxes were taken out of your pay, called FICA (Federal Insurance Contribution Act) taxes. If you paid into Social Security during your working life, you are insured for retirement benefits. But, to be insured for disability benefits, you must have a certain number of recent work credits.

You Need Work Credits

Work credits are accumulated over your working years. How many you need for disability benefits are tied to how old you are. Generally, if you are 31 years old or older, you must have earned a total of five-years-worth of work credits within the past 10 years.

Your Work Credits Must Be Current

If you stop working, this means you are no longer paying into Social Security. Eventually, your work credits will expire, usually within five years from when you last worked. Because you paid into Social Security, you can get retirement benefits when you are old enough. But you will lose your entitlement to disability benefits if the start of your medical condition began after, what is called, your "date last insured."

Your date last insured can be a hard concept to understand, especially if you have worked for many years. It's understandable to believe that you have the right to disability benefits. But think of it like an auto insurance policy. If you pay for car insurance but then you let your policy expire, you lose the insurance to cover you if you get into an accident. It's basically the same concept with your work credits. Your disability must have occurred on or before they expire.

You Can't Earn Too Much

If you are working and making more than an amount set by SSA, which is called Substantial Gainful Activity, (SGA), you absolutely will not qualify for SSDI benefits. Currently, this amount is $1,000 a month.

Non-Medical Eligibility Recap

The basic non-medical requirements you must meet to be eligible for SSDI, even if SSA finds you disabled are:

· You have paid into Social Security through FICA taxes

· You have recent-enough work credits for your age

· The onset of your disabling medical condition occurred while still insured for disability benefits

· You are not working and earning above substantial gainful activity (SGA)

If you fail to meet the non-medical requirements for Social Security disability insurance eligibility, you won't be approved no matter how disabled you may be. But if you do pass the test, you will more than likely get approved. And then you can look forward to a monthly safety net of benefits you worked for, earned, and fully deserve.

Suzanna is an expert author on the subject of Social Security disability and Veterans disability and is employed with Freedom Disability and Alpha Veterans Disability in Shelton, Connecticut. Suzanna's educational articles provide informative resources on all topics regarding Social Security disability insurance (SSDI) benefits and Veterans disability compensation. http://www.freedomdisability.com.

Improving Your Odds Of Receiving Social Security Disability Benefits

Applying for Social Security Disability (SSD) is not an instant guarantee that you will receive disability payments. According to the Social Security Administration (SSA), in addition to the long application process, there is an automatic five-month waiting period for SSD benefits to ensure that during the early months of disability they don't pay benefits to persons who do not have long-term disabilities. "Social Security disability benefits will be paid beginning with the sixth full month after the date your disability began. You are not entitled to benefits for any month in the waiting period."

Additionally, in a 2010 press release Michael J. Astrue, Commissioner of Social Security, disclosed that the average SSD application and appeals process for hearing decisions takes 442 days (socialsecurity.gov/pressoffice/pr/hearings-backlog-0310-pr.htm). That's more than a year that most SSD applicants must wait, often going months at a time without hearing anything about their Social Security Disability case. So what can you do to change that? Unfortunately, not much. Millions of Americans file for Social Security Disability every year, but due to a backlog of cases, most applicants won't even receive an initial decision on their claim for at least three months from the time they apply.

Hiring a Social Security Disability advocate to help you with your claim from the very beginning can significantly improve your chances of receiving an approval for your benefits on the SSA's initial decision, but you will still have to wait for your claim to be processed. There are some things you can do while waiting for the initial decision or appeals process however, that will improve your chances of receiving SSD benefits even more.

Stay Vigilant

Keep on top of your claim at all times. When the SSA sends you forms to fill out, you usually only have ten days to fill them out and send them back. If you don't complete their forms in time, you could be denied benefits based on a "lack of cooperation." Because of the financial hardships most people encounter while waiting for their SSD, many applicants move around. Don't assume that mail from the SSA will be forwarded. Make sure the SSA always has your current address and phone number. Send your address change to the local SSA office, and be sure to keep a copy of your address change notification letter.

Continue with All Doctors' Appointments

You can be visibly suffering in from of an SSA or Administrative Law judge, but your Social Security Disability eligibility depends on your medical records; if you haven't been to a doctor in the last year and have no records of your disability, your benefits will be denied. If you don't have medical insurance, go to free clinics or see if you qualify for insurance through the state you live in. Even more importantly, make sure to go to any and all doctor appointments that the SSA sets for you. If you can't make it to an appointment that they have scheduled, call the SSA and have them reschedule it.

Keep Medical Records Organized

The SSA will subpoena your medical records for your claim, but they almost never have a complete set. Always maintain a comprehensive record of your medical records, including all doctors and specialists you have seen, the dates of your appointments, types of medication and/or therapies you have been prescribed, etc. If you are denied benefits you can always submit additional medical records the court may be missing for your appeal. Additionally, if you choose to hire an SSD advocate, they will be much more prepared to handle your case with a complete set of medical records to look at.

Keep a Written Journal

It's easy to remember how you felt yesterday or last week; it's a lot more difficult to remember how you felt or what you were capable of doing two years ago. However, you may just have to testify about your activities going back that far. By keeping a journal of your activities and pain levels, you can testify a lot more accurately, and an appeals judge is going to give your testimony a lot more consideration. You don't have to write a novel, just summarize your pain and what you can and can't do once a month. If anything serious happens, make a note of it for the day.

Don't Panic

Getting approved for Social Security benefits takes time - it many cases, a lot of time. If you're unable to work due to a disability, it can be really easy to go broke while waiting for your benefits. Try to be patient, and don't panic. Before applying for SSD benefits, plan on the process taking at least two years or more. If it takes less time - great! If it ends up taking two years, you will have been prepared and hopefully had a financial plan for making it through these two years. The best thing you can do is to keep going, and don't let the SSA get you down. Keep appealing your SSD claim, keep seeing your doctors, and stay patient. By staying proactive on your case at all times, you will help your case and hopefully get your benefits sooner rather than later.

Binder & Binder® was formed in 1975 to help clients all over America obtain Social Security Disability benefits. As America's Most Successful Social Security Disability Advocates®, they have served tens of thousands of people throughout the United States, Puerto Rico, the Virgin Islands and all U.S. territories in matters of Social Security Disability and Supplemental Security Income.

Defining Social Security Disability Benefits

When you're injured or you develop a condition that leaves you disabled, you need to find out more about Social Security disability benefits. While the concept seems simple - you get benefits if you can't work - there is a series of questions you should keep in mind as you begin the process of applying for benefits. You might not qualify for the benefits you thought you did, which means you need to seek out alternative ways of providing for your family.

The Questions You Need to Answer

As you determine whether or not you are qualified for benefits, ask yourself these five questions:

Is your condition severe?
Are you working right now?
Is your disability on the list for Social Security disability qualified disabilities?
Are you able to do your previous job's duties?
Can you manage new job duties?

With your doctor, you can begin to assess whether your condition is severe enough to warrant a disability claim. You will also want to talk about whether your condition will improve or if the disability is permanent. Think about whether you are working or if you are able to work right now. Again, this might be part of a discussion you have with your physician, helping you to create a clear understanding of how the disability is affecting your life.

Check with your state's disability list to see what disabilities are being covered by benefits. This can vary from state to state, so find out what your specific list includes. Think about whether you can do your previous job's duties. If you can not and you're of a certain age, education, or work experience, you might be told that you need to seek out other employment that you can handle.

That said, think about whether you could handle another type of job, with less stress on your body and on your condition. If this is the case, you might not be able to qualify for disability benefits at this time.

So Many Questions

The Social Security disability system is set up to make sure that benefits only go to the people who are actually unable to work because of a medical condition. Once you can prove that you will not be able to handle a job, then you can begin the process of apply for disability benefits. Realize now that this process takes time, sot he more quickly you can gather the necessary information, the more quickly you will be able to hear a response on your application.

Social Security disability benefits are crucial to support those people who are simply unable to work because of a qualified disability. Since you might still need support in your life, you need to have financial resources. The government can help you with your disability benefits. But if you're having troubles securing those benefits, talk to a qualified and experienced Social Security disability attorney to find out what you need to do to qualify.

If you live near Dallas, TX, and you've been denied Social Security benefits, consider contacting a Dallas Social Security lawyer for an initial free consultation. Dallas Social Security disability attorneys receive fees only when you win your benefits, so there's no risk to get professional help today.

Re-Opening a Prior Social Security Disability Benefits Claim

There are a number of reasons why a claimant should hire a Social Security disability attorney to help with a disability benefits claim. The more common reasons include but are not limited to: no up front fees, free consultations, gathering medical records, dealing with Social Security, and arguing in front of an Administrative Law Judge. One of the rarely talked about, yet very important reasons for hiring a disability lawyer is their ability to "re-open" prior claims.

What does it mean to re-open a prior claim?

The Social Security Administration (SSA) routinely denies disability claims. In fact, at the initial application level it can seem as though SSA is only approving claimants that are on the verge of death. Since so many people are denied, many claimants are second, third, or fourth time applicants. If your claim was denied at the Disability Determination Services (DDS) level (where the initial determination is made) and was not appealed, a disability lawyer may be able to "re-open" your prior denial without having to start from square one. The advantages of this specific method are plentiful. Re-opening a prior claim can result in more benefits, speeding up the process, and less documents back and forth.

Re-opening prior Social Security disability claims is governed by 20 C.F.R. 404.988, which can be found on the government website. While there are a number of ways a disability attorney can re-open a prior claim, one of the more straight-forward options is to do so within 12 months of the date listed on the initial determination, for any reason. There should be an emphasis on for any reason.

The second way a prior claim can be re-opened is if it is within four years of the date of notice of the initial determination and if there is "good case". Good cause is defined in 20 C.F.R. 404.989:

1) New and material evidence is furnished

2) A clerical error in the computation or recomputation of benefits was made; or

3) The evidence that was considered in making the determination or decision clearly shows on its face an error was made

Good cause for re-opening a case does not exist when the only reason is a change of legal interpretation or administrative ruling upon which the determination or decision was made.

There are many other ways that a case can get re-opened. If you have previously been denied disability benefits, you may have the option of re-opening the case rather then starting a new. It should also be noted that it is important to know whether you had originally applied for SSDI or SSI when you speak with a disability lawyer. Re-opening prior claims is one overlooked yet very important way a disability attorney can help you with your claim

Aaron Rifkind is a writer and attorney for Social Security Defenders LLC, who enjoys offering informational resources to the public. For more information on on Social Security disability benefits, feel free to contact Social Security Defenders LLC at http://socialsecuritydefenders.com.