Social Security Disability FAQ

Question 1

How do I apply for Social Security Disability benefits?

Accepted Answer

There are three ways to submit your application for SSD benefits.  If you believe you are unable to work due to a physical or mental impairment, you should get to work on submitting this application right away.  Waiting a long time to apply for benefits may cause you to lose payments that you genuinely need and deserve.  You can submit your application:  By going to your local SSA field office (use the SSA’s field office locator tool) Calling the SSA’s toll-free number at (800) 772-1213 Submitting your application online by going to www.SSA.gov. Your application will not be complete unless you submit both your Adult Disability Report and Disclosure Authorization Form.  For more information, please see our pages on how you can increase the chances of success with your Social Security Disability application and seven costly mistakes to avoid.

Question 2

Can My Children Get Disability Benefits?

Accepted Answer

Your child or children may qualify for disability benefits depending on how old they are.  Children up to age 18 may be entitled to Supplemental Security Income (SSI) benefits if they meet other requirements. The child must have a medically diagnosed disability and have little income or financial resources.  To apply, you will need to fill out a Child Disability Report providing information about your child’s medical conditions, prognosis, medical records, education and employment status. You can complete the report by visiting the local Social Security Office, or by calling the toll-free number 1-800-772-1213 and stating that you want to complete a Disability Report on behalf of your child.  Gathering all the records and information required can seem like a full-time job by itself and be stressful if you are also caring for a disabled child. It can be helpful to have the guidance of a knowledgeable disability attorney who knows the types of medical documentation that claims reviewers are seeking and can gather the documents and medical records on your behalf.

Question 3

Can I receive both workers’ compensation and SSD benefits?

Accepted Answer

Yes, if you are approved, you can receive both types of benefits. However, the amount of your SSD payments may be reduced depending on how much you receive in worker’s compensation payments.  When calculating the amount you receive, the SSA will add together both the amount you should receive in SSD payments and the amount in workers’ compensation payments. If the total exceeds 80 percent of your most recent earnings before your disability arose, your SSD payments will be reduced by that excess amount.  Please see our page on workers’ compensation in North Carolina to learn more about those types of benefits.  Note that any sort of private insurance, long/short-term disability or military disability will not reduce the amount of your Social SSD benefits. However, if you are receiving Supplemental Security Income (SSI), the amount you receive from any other disability payment source will reduce your payments.

Question 4

What should I do if my disability benefits claim is denied?

Accepted Answer

You can seek a reconsideration of the decision on your claim and, if needed, you can pursue further appeals. However, you will need to act quickly, or else you may lose your right to appeal.  When your claim is denied, you will receive a notice letter. The letter will have a date and state the reason why your claim was denied.  Pay attention to the date. You will have 60 days from that date to file a written request for reconsideration. (This same time limit applies to every subsequent appeal as well).  If your claim was denied for medical reasons, a different DDS claims examiner and medical consultant will review your case. You can present new medical evidence to this team. Unfortunately, most denials are not overturned at this level. But don’t despair.  With the help of an experienced attorney, you can request a hearing before an Administrative Law Judge and explain why you need and deserve disability benefits. If your claim is denied, again, then your attorney can help you appeal your decision to the Social Security Appeals Council and, if needed, to the nearest U.S. District Court located in North Carolina (Eastern, Middle or Western districts).  Unfortunately, the appeals process can be lengthy. You can speed up the process if you request an “on-the-record” review or if you can demonstrate a “dire need” for your claim to be processed faster. However, some appeals may take two years or longer to resolve.  The good news is that, once you win your case, you get back benefits covering the time that you spent waiting for your appeal to be processed.  Many people are confused about how the appeals process works. We offer a page on common myths and misconceptions about the SSD process to help clear up some of this confusion.

Question 5

What does it mean to be disabled when it comes to applying for SSD benefits?

Accepted Answer

If you have a condition that meets the Social Security Administration’s strict definition of a disability, then you may be eligible to receive benefits.  This makes proving that you are truly “disabled” a crucial part of your application.  The Social Security Administration (SSA) defines a disability as a “medically determinable” physical or mental impairment that prevents you from engaging in any “substantial gainful activity” and which:  Is expected to result in death, or Has lasted or will last for a period of at least 12 continuous months. When you apply for benefits, a North Carolina Disability Determination Services (DDS) team consisting of a claims examiner and a medical consultant will determine if you meet this definition. The DDS team will go through a five-step review process that looks at whether:  Your income (if any at all) falls at or below a “threshold” amount (this changes on an annual basis) Your condition prevents you from working Your condition is among those listed in the SSA’s “Blue Book,” or List of Impairments You can return to your previous work If you can’t return to your previous work, whether you can do any type of work. Your doctor’s support could play a major role in the DDS team’s determination. It will be important that your doctor understands what your employment abilities were and why you can no longer do them.  The DDS team may also ask you to see a physician at a scheduled time. You must go, or else DDS will make the decision based on the information it has.  Keep in mind: There is no such thing as a “partial disability” when it comes to seeking SSD benefits. It is all or nothing: You either meet the SSA’s definition of “disabled” or you do not.  After the DDS team makes its decision, you will receive a notice letter informing you that your application has been approved or denied. If approved, you will be told the amount of benefits you will receive and the date they will start. If denied, you will be told why. You will have 60 days from the date of that denial to appeal the decision. (This same time limit will apply at every subsequent level of appeal as well.)

Question 6

Do I need an attorney to help me with my Social Security Disability benefits case?

Accepted Answer

If you are seeking Social Security Disability (SSD) benefits, there are several things you must do – both on time and without error – in order to obtain the financial assistance you need. An attorney can play a vital role in making that happen.  The Social Security Administration (SSA) allows SSD applicants to be represented by an attorney or another qualified person when seeking SSD benefits or when appealing a denied claim.  At Hardison & Cochran, we have a history of helping SSD applicants throughout North Carolina to pursue the benefits they need and deserve. The head of our Social Security division, Jonathan Biser, is a Board-Certified Specialist in Social Security Disability Law.  Here’s how a Hardison & Cochran Social Security Disability benefits attorney can help you:  We can organize your initial SSD application. We can be your point person as your application moves forward. If your claim is denied, we can handle your appeal for you. We will prepare you for your appeals hearing so you know what to expect. We will act as experienced advocates for you in your hearing or at any other stage. We can expedite further appeals. We can make sure every avenue is explored in seeking the benefits you deserve. Contact Hardison & Cochran today if you need help with your SSD benefits claim in North Carolina. We will review your case for free and explain how we can help you. Call or contact us online today. We will respond to you within 24 hours.

Question 7

Will I get ‘back-pay’ if my claim is approved after the hearing?

Accepted Answer

Generally speaking, yes, you will get ‘back-pay’ benefits if your claim is approved. The amount will depend on the type of benefits and the date you became disabled.  Generally, within two to three months after your hearing, the Administrative Law Judge (ALJ) will make a decision on your claim. If you are approved, you should expect another two to three months for the decision to be processed before you start receiving your checks.  There is no waiting period for Supplemental Security Income (SSI) benefits. So, you should receive all benefits you are owed from the date of your disability through the time that you win your appeal.  However, there is a five-month waiting period with Social Security Disability (SSD) benefits. So, your back-pay benefits will date back to the end of that five-month period.

Question 8

What will happen at my Social Security Disability benefits hearing?

Accepted Answer

You can expect to have an Administrative Law Judge (ALJ) review all of the evidence in your file and hear testimony from witnesses. Because the ALJ will decide whether to approve or deny your claim, it will be crucial to make sure your case is thoroughly prepared prior to this hearing date.  You can expect the hearing to be held at the Office of Disability Adjudication and Review (ODAR) that is located nearest to you. Check out the SSA’s ODAR Office Locator to see where this may be in North Carolina. Where your hearing will be held will determine how long you may have to wait for the hearing to be put on the calendar.  You will not be going into a formal courtroom. It will be held in a hearing room. There will be a judge, clerk and experts in the room. Unless they are witnesses, your friends and family cannot attend the hearing.  There will be an opening statement about the facts and issues involved in your case.  The ALJ will then ask you questions. Each judge has his or her own list of questions and style of asking them. However, most judges are trying to get the same information. The judges want to know how your impairment affects your ability to work. He or she will ask you about your daily activities, how much pain you experience and generally how your impairment affects you. You will need to have yourself prepared to answer these questions as clearly as possible.  Additionally, a vocational and/or medical expert may testify. A vocational expert is an individual who has special knowledge about many different types of jobs. He or she will testify about how much strength, education and intelligence is required for particular jobs, what jobs exist and how many positions of a particular job exist in the national economy.  You may also present witnesses on your behalf. If someone testifies about your condition, it is best if that person is not a close friend or family member since the ALJ would expect such a person to be biased. However, if your condition is such that you are unable to describe the effects, then a family member would be the best witness to describe your condition.  The hearing will then end with closing statements.  The ALJ’s job will be to make a fair and impartial decision, based on all the evidence in your case, as to whether or not you are disabled. Although you may feel like the judge is “on the other side” during your hearing, you should note that the SSA technically does not have any representation at the hearing.

Question 9

Have I worked enough to be eligible for SSD benefits?

Accepted Answer

The answer will depend on how many “work credits” you have earned. If you have not earned enough of these credits, you will not be eligible for SSD benefits. However, you may still seek benefits through a different Social Security program.  A work credit is based on the amount you earn. In 2014, you can earn one work credit for each $1,200 you have earned. You can earn no more than four credits per year.  These credits are factored into two earnings tests that you must meet in order to be eligible for SSD benefits. These tests are:  Recent work test – Typically, you must have earned 20 credits (or worked five out of the last 10 years) before your disability arose. However, younger applicants may meet this test even if they have fewer than 20 work credits. Duration of work test – Work credits are used here to determine whether you have been working for a certain number of years and paid into the Social Security Disability Insurance program. For example, if you are age 50 or older at the time your disability arises, you will need to have earned at least 28 credits (or worked seven years). If you do not have enough work credits to qualify for SSD benefits, you may be eligible for Supplemental Security Income (SSI) benefits. This program is specifically designed to help those who are suffering from a disability who have not worked enough or worked at all. An attorney can help you determine if this option is available to you.

Social Security Disability Lawyer in Raleigh, NC

Why Do I Need a Social Security Disability Attorney?

A disability attorney will have the skills to:

A Fresh Look at Your SSD Benefits Application

A Social Security lawyer at Hardison & Cochran can analyze your application and determine if:

Consider these statistics from the Social Security Administration related to the processing of SSD claims by offices in North Carolina:

Do You Have Enough Work Credits for SSD Benefits?

For example, let’s assume you are age 31 at the time you suffered your disability:

Do You Meet the SSA’s Definition of Disability?

SSD Application Timeline

Most claimants must go through several basic steps before their claim is resolved, including:

How Long Does It Take to Get Approved?

How Much Can I Receive on Social Security Disability in North Carolina?

How Does the SSA Determine a Person’s Disability?

Are You Working?

Is your medical condition “severe”?

Is your medical condition on the List of Impairments?

Can you do the work you did before?

Can you do any other type of work?

What If My SSD Application Was Denied?

How Much Does a Disability Lawyer Cost?

Talk to Our Social Security Disability Lawyer Today

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