Frequently Asked Questions
1. Have I worked enough to qualify for Social Security Disability benefits?
You must have worked both long enough and recently enough to qualify. The law requires that you earn a certain number of work credits in a specified time frame. You can earn up to 4 credits each year and most people need at least 20 credits over a ten-year period.
2. How is the disability determination made?
A procedure known as the "sequential evaluation process" is utilized and for adults, this process requires a step by step review of your current work activity, the severity of your impairments, your remaining physical and mental abilities, your past work experience, your age and education.
3. What do I do if I disagree with the unfavorable decision?
There are multiple appeal options if you are turned down. The first appeal is called a "Reconsideration". If your Reconsideration is denied also, you should request a Hearing before an Administrative Law Judge.
4. Can I work and still be eligible for disability benefits?
Not usually, but the SSA will determine if you are engaging in substantial gainful activity (SGA) in making their decision. SGA is work activity that involves doing significant physical or mental activities. Generally, if an individual has earnings from employment or self-employment above a specific level set out in the regulations, it is presumed that he/she has demonstrated the ability to engage in SGA. If the individual engages in SGA, he/she is not disabled.
5. I know I am disabled, but are my disabilities severe enough?
In order to qualify for benefits, you must have a medically determinable impairment that is "severe" or a combination of impairments that is "severe". An impairment or combination of impairments is "severe" if it significantly limits an individual's ability to perform basic work activities. The mere presence of an "impairment" does not necessarily mean it is "severe". For example, chronic high blood pressure which is controlled by medication is not severe.
6. My doctor says I will never be able to do my usual occupation and I don't know anything else; shouldn't that be enough for me to win?
The SSA will determine if you can still do your past relevant work by examining all jobs you have done for the past 15 years. But, even if you cannot do your past work, you may still not win if the SSA determines that you should be able to do "other work" considering your age, education and work experience. The SSA is responsible for providing evidence demonstrating that "other work" exists in significant numbers in the national economy that you can do.
7. Do I need to hire an Attorney?
Many people will initially apply for benefits by themselves but want to hire an attorney after their initial application has been denied. Attorneys experienced in these matters can provide many services including:
However, you should recognize that win or lose, you shall be required to reimburse your attorney any out of pocket "costs" incurred in the handling of your claim.
1. Have I worked enough to qualify for Social Security Disability benefits?
You must have worked both long enough and recently enough to qualify. The law requires that you earn a certain number of work credits in a specified time frame. You can earn up to 4 credits each year and most people need at least 20 credits over a ten-year period.
2. How is the disability determination made?
A procedure known as the "sequential evaluation process" is utilized and for adults, this process requires a step by step review of your current work activity, the severity of your impairments, your remaining physical and mental abilities, your past work experience, your age and education.
3. What do I do if I disagree with the unfavorable decision?
There are multiple appeal options if you are turned down. The first appeal is called a "Reconsideration". If your Reconsideration is denied also, you should request a Hearing before an Administrative Law Judge.
4. Can I work and still be eligible for disability benefits?
Not usually, but the SSA will determine if you are engaging in substantial gainful activity (SGA) in making their decision. SGA is work activity that involves doing significant physical or mental activities. Generally, if an individual has earnings from employment or self-employment above a specific level set out in the regulations, it is presumed that he/she has demonstrated the ability to engage in SGA. If the individual engages in SGA, he/she is not disabled.
5. I know I am disabled, but are my disabilities severe enough?
In order to qualify for benefits, you must have a medically determinable impairment that is "severe" or a combination of impairments that is "severe". An impairment or combination of impairments is "severe" if it significantly limits an individual's ability to perform basic work activities. The mere presence of an "impairment" does not necessarily mean it is "severe". For example, chronic high blood pressure which is controlled by medication is not severe.
6. My doctor says I will never be able to do my usual occupation and I don't know anything else; shouldn't that be enough for me to win?
The SSA will determine if you can still do your past relevant work by examining all jobs you have done for the past 15 years. But, even if you cannot do your past work, you may still not win if the SSA determines that you should be able to do "other work" considering your age, education and work experience. The SSA is responsible for providing evidence demonstrating that "other work" exists in significant numbers in the national economy that you can do.
7. Do I need to hire an Attorney?
Many people will initially apply for benefits by themselves but want to hire an attorney after their initial application has been denied. Attorneys experienced in these matters can provide many services including:
- Gathering critical medical records for submission
- Corresponding with your health care providers to obtain information necessary to win that may not be contained within your medical file
- Reviewing your file before the Hearing to be sure all important documents are there
- Requesting Reconsideration of your claim, a Hearing or an Appeals Council review
- Helping you and all critical witnesses prepare their testimony for the Hearing
- Properly presenting your case to the Administrative Law Judge following all appropriate rules of law and evidence
- Cross-examining vocational experts that may appear at the Hearing at the request of the SSA
- Properly explaining all of your options once a decision has been made
However, you should recognize that win or lose, you shall be required to reimburse your attorney any out of pocket "costs" incurred in the handling of your claim.