WHAT IS SOCIAL
SECURITY DISABILITY?
There are really two kinds of
social security disability benefits. There is Social
Security Disability (SSD) and Supplemental Security Income (SSI).
SSD is
disability payments based on what you have paid in to the
social security fund over your lifetime, typically from
money taken out of wages you have earned. The SSD benefit
can range anywhere from as little as $10.00 to as much as
$2,000.00 per month. When your benefit reaches a certain
point per month, approximately around $600.00, benefits can
also be paid to your spouse and/or children. In order to
qualify for SSD, you must have worked a certain number of
quarters before becoming disabled. You must have worked at
least 20 of the past 40 quarters before becoming disabled. A
quarter runs from January through March, April through June,
July through September, and then October through December.
You must earn a minimum amount of money per quarter to count
the particular quarter. The 20 quarters do not have to be
consecutive (in a row).
There is
also a little quirk regarding SSD. Once you stop working,
you are not eligible for SSD forever. Rather, you remain
eligible for SSD for a specific time after you stop working.
Generally speaking, if you have worked consistently for five
years, you will remain eligible for SSD for another five
years. It becomes complicated when you have worked
inconsistently or have waited a long time before applying
for social security (SSD) after you have stopped working.
SSI is a
different program. SSI is not from the fund that you have
paid into. Rather, it pays benefits for people who either
have never worked, have worked but have not earned enough
quarters, or are getting paid SSD, but the SSD benefit is
rather low. Generally speaking, an SSD benefit below $643.00
allows you to also get SSI. SSI pays the maximum amount per
month. For example, in 2007, the maximum amount payable per
month is $623.00. SSI is affected by other income of yours,
your spouse=s
income, and any other resources you may have. The rules are
complicated and too difficult to explain here, but can be
explained more fully when you contact attorney Stephan
Freeman at our office.
HOW DO I APPLY?
The application
process for social security benefits is normally done in one
of two ways.
The first, and preferred way, is to apply by computer,
on-line. The web address for the Social Security site is:
www.SSA.gov.
After getting to the website, you will see a choice
for disability benefits. Follow the instructions. You will
be allowed to complete two of the three required forms
on-line. Be sure to print the forms that you have completed.
After you complete the two forms, the Social Security
Administration will get back in touch with you about
completing the third form. There may even be additional
forms for you to complete.
The second
way to apply for social security benefits is to go to your
local social security office and fill out the forms there.
Normally, you may have to wait a long period of time at the
Social Security Administration office. Usually, they will
give you the forms and allow you to come back another time
with the completed forms. Or, you can make an appointment by
calling 1/800/772-1213 and ask for an appointment with your
local office. You can find the address for your local office
on the social security website or they can help you with
that information when you call by telephone. On the website,
there is a section in the lower left corner to determine the
address of your local office.
When
completing these forms, some of the information they will be
looking for is as follows:
- They
will need to know what kind of work you have performed
for the
past 15 years. They will need to know specifics
about the work, such as
how long you had to sit, stand,
walk, lift and other specific job duties.
- They
also will want to know the names and addresses of all
doctors you
have seen for the conditions that currently
make you unable to work. If
you have had the condition
for a long period of time, it would be best to
give them
the names of doctors who have treated you over the
years.
- It
is also important to explain specifically how these
conditions prevent
you from working. In other words, you
will need to explain if you are
limited in sitting,
standing, walking, lifting, kneeling, crouching,
stooping,
including activities of daily living such as
cleaning, cooking and so forth.
The SSI
application cannot be completed on-line. When you do
complete the SSI application, there will be a number of
questions about your financial situation. This may require
some time on your part.
As always,
attorney Stephan J. Freeman is available to help you answers
questions about these numerous and complicated application
forms.
WHAT IS THE PROCESS?
After you have completed the application, your file folder
is sent to a department within the State of Florida called
the Office of Disability Determinations (ODD). There, your
medical records are ordered. Employees of ODD will send you
additional forms to complete. I strongly recommend copying
these completed forms before returning them in case they are
lost. In addition to completing these forms, I also
recommend that you get statements from family, friends and
past employers in the form of letters explaining how they
see your disabling conditions. I can assist with
recommendations as to the kinds of information ODD is
looking for in such letters. These statements/letters do not
need to be formal, nor do they need to be notarized.
After the
above information is gathered, ODD has your entire file
folder reviewed by a doctor. Your claim is then either
granted or denied. This entire process can take from 6 to 12
months. If your disability claim is denied, you have 60 days
within which to file an appeal.
If you
file an appeal, this appeal is called a RECONSIDERATION. The
same process takes place as in the initial application
review, but your file folder is reviewed by a different
Aadjudicator@.
You may end up filling out the exact same forms as before
and, again, please make copies of the completed forms before
sending them in to ODD. The reconsideration process often
takes from 2 to 4 months. You have a much greater chance of
being denied at this level than at the first, or initial,
application level. If you are denied during the
reconsideration, you then have an additional 60 days within
which to appeal.
This next
step is called a REQUEST FOR HEARING. This is your request
to have a hearing in front of an Administrative Law Judge.
This is usually your best chance of winning your claim for
disability benefits. All of your medical records will be
supplied to the Administrative Law Judge before the hearing.
You will have a live hearing with the judge and sometimes
there will be other experts in attendance. Unfortunately, it
can take quite awhile to get a date for such a hearing. In
the summer of 2007, it was taking about 24 months from the
time of the Request for Hearing to actually have the hearing
date.
If your
disability benefits claim is denied at a hearing, there are
still two additional levels of appeal. We are now getting a
bit beyond the scope of this brief article and I would
suggest that you discuss this further with me, if you would
like.
WHAT
DO YOU HAVE TO PROVE TO GET DISABILITY
There is no easy answer to this question. The reason is that
the requirements to prove you are disabled differ depending
on your age, education, work history, and current medical
restrictions. Often, your doctor will not prevent you from
working altogether. Rather, the doctor will place
restrictions on you that prevent you from doing certain
things. Thus, each case has its own unique requirements. If
you are under 50 years of age, generally speaking, you have
to be able to prove that you cannot work full-time doing any
kind of job, not just the kind of work that you have done in
the past. It does not make a difference whether or not you
had done the work before, what the pay is, or even whether
you would be hired to do a particular position. The
requirement is that you can do no type of employment.
If you are
over 50 years of age, the rules are different. Sometimes, it
may be enough to simply prove that you cannot perform the
work you used to do. In these types of cases, it will often
depend on work capabilities such as how long you can sit,
how long you can stand and how much you can lift throughout
the day. These limitations can be determined through your
testimony with the guidance of your lawyer, and your medical
records.
It is very
helpful to have a lawyer in order to present your disability
testimony properly.
WHAT CAN I DO FOR YOU?
What is my role? I am at your
side assisting you every step of the way in what can be a
very long, drawn out process. You will deal with me and not
another staff member. While I have very capable legal
assistants with whom you will probably speak from time to
time, all meetings which you have in my office will be with
attorney Stephan Freeman.
Most
people are extremely frustrated and/or intimidated by the
government bureaucracy of the social security disability
claim process. While most individuals can handle certain
aspects of the claim process, most often need assistance in
certain steps along the way. This is how we can help you. I
am there to assist you with the process described on our web
page.
To go over
what I do for you, I gather all of your medical records and
obtain certain types of me records, such as employment
records, school records, personal statements from friends
and reports submitted to your doctor by me and filled out
for your social security disability claim by your doctors. I
continuously monitor the process to make sure that it is
being handled by the Social Security Administrations in as
timely a manner as is possible. While I cannot control how
fast they do things at the Social Security Administration,
nor can I make them process your application any faster than
anyone else=s,
I can check on the status of your claim from time to time to
be sure that it has not gotten lost along the way. I am also
available for the Social Security Administration employees
to contact should they feel that they need something
additional which you might not have provided them.
In some
instances, I can try to persuade the Social Security
Administration to decide in your favor at the first two
levels of the application process. At the hearing level, I
can attempt to persuade them to decide in your favor without
having a formal hearing.
If a
formal hearing is necessary, you will meet with me before
the hearing to prepare for the hearing. I am available for
transportation purposes for attendance at the hearing (which
is usually in Tampa or Clearwater). The transportation is
helpful to be sure that you are able to get to the right
place at the right time.