Social Security Questions

Birmingham, Alabama

How does the Social Security Administration define a disability?
A "disability," according to the Social Security Administration (SSA), is the "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months."

What types of Social Security disability benefits are there?
There are five major types of Social Security disability benefits:

• Social Security Disability Income (SSDI) is for people who have worked in recent years and who are now disabled.
• Disabled Widow's and Widower's benefits are for those at least 50-years-old and become disabled within a certain amount of time after the death of their spouse. The late spouse must have worked long enough and paid enough Social Security (FICA) taxes to be insured.
• Disabled Adult Child (DAC) benefits are for adult-disabled children of individuals who are either deceased, receive Social Security disability or retirement benefits. The adult-disabled child must have become disabled before age 22.
• Supplemental Security Income (SSI) benefits are paid to those who are poor and disabled, regardless of whether that person has worked recently.
• Child's Disability benefits are a type of SSI benefits paid to disabled children (under age 18).

After becoming disabled, how long must I wait before I can file for Social Security disability benefits?
You don't! Although benefits will not start for at least five months, you can and should file for disability benefits on the same day you become disabled, if you suspect you will be unable to work for at least 12 months. Most people make the mistake of waiting months before filing a claim. The sooner you apply, the sooner your case will be decided. You also don't have to wait until your sick leave runs out.

What do I do if my claim is denied?
Appeal! Most disabled people become frustrated after they are denied, but about 75 percent of all applicants are initially denied. The appeals process can take more than a year, but about 70 percent ultimately receive benefits, so remain patient and persistent. Social Security Disability benefits are paid for by you and were intended to act as a financial cushion in the event you or a family member became seriously ill or injured.

What can I do to increase my chances of winning my case?
Be thorough and truthful when you make a claim for Social Security disability benefits. Many applicants don't mention their psychiatric problems to the SSA or include that they were slow learners in school on their claim. Both of these factors could significantly impact your case. Hiring an experienced Social Security Disability lawyer like those at Burke, Harvey & Frankowski can greatly improve your chances of winning, as opposed to you representing yourself.

Can Social Security take away my SSDI benefits?
They can, although they don't do it often, if your condition improves to the point that you no longer satisfy the SSA's definition of disability, your benefits can be taken away.

What if I think I may be disabled for less than one year?
You might want to instead consider State Disability Insurance or other private disability programs. The Social Security Disability Insurance program requires that you meet Social Security's definition of disability. This means that you must be unable to engage in any Substantial Gainful Activity (SGA) due to any medically determinable physical or mental impairment which is expected to either result in death or last of 12 consecutive months.

How is Substantial Gainful Activity measured?
Either in total actual monthly wages: any work that generates (before taxes) more than $900 as of 2007. Or SGA could be the dollar value the SSA places on work activity even if wages are not paid. For example, if the SSA considers the value of the work to be $900 or more, the work is considered SGA as of 2007.

I have additional expenses while working due to my disability. What are Impairment Related Work Expenses (IRWE) and how do I use them?
They are documented expenses for services or items related to your impairment that you pay for in order to work. For example, wheelchair repairs and out of pocket payments for prescription drugs or medical expenses are IRWEs. These expenses must be verified with original receipts and are approved at the local Social Security field office on a case by case basis.

How often will Social Security review my disability claim?
When Social Security awards disability benefits, they schedule a review depending on the severity of your disabling condition(s) and on when you may medically improve. If medical improvement is expected soon, Social Security will review your claim within the first three years. If medical improvement is considered possible, Social Security will review your claim at least once every three years. If medical improvement is not expected, Social Security will review your claim every five to seven years.

If you are at any stage of filing for Social Security Disability benefits should contact our Birmingham disability lawyers today. We are experienced at handling disability claims and can help guide you through the appeals process. Call or e-mail us today for a free consultation.

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