SSD is another name for Social Security Disability, and is the type of disability benefits most “disabled” individuals seek. These benefits are paid out of the Social Security Administration.

SSD benefits are paid out of the funds you pay into Social Security during the years that you work.

The first requirement is that you must have paid into the Social Security Administration for a long enough period and in large enough amounts to be considered "Insured". Next, you must not be "gainfully" employed. You must next be under a "disability" which has lasted or is expected to last 12 months. You must have a “disability” that is severe enough to keep you from doing your past Job, or any other jobs in the local or national economy. All of the terms in quotations are legal terms that need to be explained by an attorney familiar with Social Security Regulations.

There is no set time limit in which to apply for benefits. However, the longer you wait, the more benefits you may lose. Also, since your insured status usually ends five years from the last date that you worked, should you wait longer than five years to apply for benefits, it may become extremely difficult or impossible to obtain benefits.

As soon as a doctor tells you that you will be unable to work for 12 months or more, or if you have already been unable to work for at least 12 months due to a medical disability.

This is a legal term used by the Social Security Administration. In short, a disability could be any medically documented condition that keeps you from obtaining substantial gainful employment for at least 12 months.

Yes. As long as your wages do not exceed those set by the Social Security Administration. Most people can still work and make up to $830.00 per month yet still be eligible for SSD benefits.

Normally, you keep your insured status for about five years from the date you last worked.

The road to benefits is a long one. You must first contact your local social security office and make an application for benefits. Information will be taken and you will be informed of a decision by mail in approximately 30-90 days.

Almost everyone that applies for SSD benefits is denied at this first stage. You should contact an attorney to make a "Request for Reconsideration" within 60 days from the date of your denial letter.

If you do not appeal within the 60-day period, you will have to most likely start all over, and could lose benefits.

Yes. An experienced attorney will assure that your rights are protected.

About 75% of those who apply are denied again. Your attorney will inform you of further action to be taken.

Failing to appeal in a timely manner. More than two thirds of the people who are denied at the first step fail to request reconsideration. Also, failing to keep in contact with your treating doctor and following his/her instructions can be damaging to your case.

Yes. Once you are denied at the Reconsideration stage and you contact an attorney, your case will be appealed to an Administrative Law Judge and set for hearing. At this hearing, you will have to be present and testify regarding your medical problems. However, the trial process is very informal. It is only you, the Judge, a reporter, your attorney and maybe a vocational specialist in the room. There is no jury, and the hearing is not open to the public.

From the time you first apply for benefits until you have your hearing will normally be about 1 year. It will then be another 2 to 4 months before the Judge decides if you will be granted benefits. It will then be another 60 days before you actually receive any money.

This question can only be answered once an attorney has access to your social security records. The amount is different for every individual depending on how much you pay into the system.

You will receive an initial check representing your past due benefits in one lump sum. You will then receive a monthly check after that.

Usually your children and your spouse will also be entitled to receive monthly checks while you are disabled. This is in addition to the money you receive each month.

If you are granted benefits, you can be paid past due benefits which go back a maximum of one year from the date you apply for benefits. Your payments would start 5 months after your disability began.

You will continue to draw disability benefits as long as you remain disabled.

Yes. Most SSD cases are reviewed every 3 years to determine if you are still disabled.

Normally, you will not require the assistance of an attorney when your case is reviewed, as long as you continue to follow-up with a doctor every so often.

No. You will still be entitled to receive your old age Social Security Benefits. They may even be more.

No. Your disability can be caused either by an accident, a birth defect, or a hereditary disease process such as Multiple Sclerosis, Cerebral Palsy, ALS, AIDs, or a number of other physical or mental conditions.

No.  In fact, if drug or alcohol addiction is considered a material contributing factor to your disability, you may be denied disability benefits.

Absolutely. You can draw SSD, SSI and Workers’ Compensation. Your SSD and/or SSI benefits will not affect your workers’ compensation benefits.  The amount you receive from SSD or SSI may be reduced if you are receiving, have received or may be receiving workers’ compensation benefits. You should discuss this with an attorney who is experienced with Social Security.

Your disabled child can only qualify for SSD benefits once they reach the age of 18. This is a very complex issue and needs to be discussed with an attorney. However, see the discussion on SSI benefits.

Yes. If you are found disabled and awarded benefits, you will become eligible for Medicare and Medicaid approximately 24 months from the date your disability began. This is another reason to apply as soon as you think you are disabled.

SSI benefits

SSI is another name for Supplemental Security Income. It can be applied for at the same time you apply for SSD benefits.

There are several requirements for SSI, most of which are the same requirements for SSD.  The main difference is that you can only have a certain amount of income and assets in order to qualify for SSI.

You apply for SSI in the same manner and usually at the same time that you apply for SSD benefits.

Yes. The process is exactly the same.

Yes. If you applied for both SSD and SSI benefits, then you will need to make a "Request for Reconsideration" for both claims. The same holds true if you just applied for SSI.

As soon as you receive your first letter of denial.

Yes. Just like with SSD cases, you will have a hearing before an Administrative Law Judge. This is held in the same way as a SSD case.

Again, it is the same as SSD cases. They both take about 1 year from start to finish.

Again, this is different in each case. However, it is normally less than what you would receive under SSD benefits.

If you have not paid enough money into Social Security for a long enough period to be considered "insured", then SSI is the only route you can take to obtain benefits.

Yes. You can draw both, but only if the combined amount, along with other income and/or assets is less than the amounts set by the Social Security Administration as the maximum amount allowed. Also, you would draw SSI benefits during the 5-month waiting period required before you can draw SSD benefits.

Yes. A child under the age of 18 can draw SSI benefits, but the same income and asset limitations apply. The income of the whole family and all assets will be taken into consideration.

With SSI benefits, you are only paid back to the date of your application for benefits. However, there is no 5-month waiting period as there is for SSD, so your benefits will begin from the date you applied.

You are not required to have an attorney to represent you in your quest for SSD or SSI benefits. However, without a lawyer, you will have to deal on your own directly with the Administrative Law Judge, the Vocational Specialist and the Social Security Administration. The best way to be sure that you receive a full and fair hearing and all the benefits to which you are entitled, is to have the help of an attorney who understands Social Security Regulations and Law, and is interested in YOUR RIGHTS.

You pay a legal fee ONLY if you are awarded benefits. Under the Law set forth by Federal Statue, an attorney receives a 25% attorney fee on your past due benefits, and only once his Fee Agreement or Fee Petition is approved by the Social Security Administration. We further limit our fee to 25% of past due benefits or $5,300.00 whichever is LESS. If you do not receive past due benefits, then we do not receive a fee.

If you are awarded SSD benefits, then the 25% of past due benefits, or $4,000.00, whichever is less, is automatically withheld by the Social Security Administration and paid to the attorney once the fee is approved. If you are awarded SSI benefits, then the 25% of past due benefits, or $4,000.00, whichever is less is paid directly by you to your attorney once the fee is approved.

Naturally there are times when your attorney will have to obtain medical records relating to your disability. In rare cases, your attorney may have to obtain a written report from a doctor outlining the nature and severity of your disabling condition. Obviously, it is necessary to pay the doctors for this information. In addition, occasionally an attorney will incur other expenses in preparing your case.

Under the law, the client is responsible for the payment of these expenses. However, your attorney is to pay your costs at the beginning of your claim and then request payment from you.

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