Frequently Asked Questions

At SSI Associates, our goal is to educate and simplify the SSI and/or SSDI appeal process for our clients. Below are some of the most commonly asked questions we hear relating to social security benefits, SSI and SSDI.

If you find a question that isn't answered below, please contact us at (216) 225-9562 or send us an email.

1. What is the definition of disability used by Social Security?

Under the Social Security Act, "disability" means 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."

2. What are some of the different types of Social Security disability benefits offered?

• Disability Insurance Benefits go to individuals who have worked in recent years (five out of the last 10 years in most cases) and who are now disabled.
• Disabled Widow's and Widower's Benefits are paid to individuals who are at least 50 years old and have become disabled within a certain amount of time after the death of his or her husband or wife.  The late husband or wife must have worked enough under Social Security to be insured.
• Disabled Adult Child Benefits go to the children of persons who are deceased or who are drawing Social Security disability or retirement benefits. The child must have become disabled before age 22 to receive child's disability benefits.

3. How do I apply for Social Security disability benefits?

If you are a first time social security applicant, go in person to the nearest Social Security office to file a claim.

4. I am disabled. How long do I have to wait before I can file for Social Security disability benefits?

You don’t have to wait to file for Social Security disability benefits. A claim can be filed on the very same day that you become disabled. Go through our social security eligibility checklist to see if you qualify.

5. I am currently on sick leave from my employer. Can I file for Social Security disability now or do I have to wait until I have exhausted all of my sick leave?

No, you do not have to wait until you have exhausted all of your sick leave. You should file for Social Security disability benefits now, if you believe that you will be out of work for a year or more.

6. I am drawing worker's compensation benefits after getting hurt on my job. Can I file a claim for Social Security disability benefits now or should I wait until the worker's compensation ends?

You do not have to wait. An individual can file a claim for Social Security disability benefits while, at the same time, receiving worker's compensation benefits. It is best to file the Social Security disability claim as soon as possible because otherwise there may be a gap between when worker's compensation ends and your Social Security disability benefits begin.

7. Can I get both worker's compensation and Social Security disability benefits?

Yes. Although there is an offset, which reduces Social Security disability benefits because of worker's compensation benefits paid, in many cases there may still some Social Security disability benefits to be paid.

8. How can I tell if I will be found disabled by Social Security?

There is no easy way for you to tell whether you will be found disabled by Social Security. Applying for benefits should not be based solely on whether a person feels that Social Security will deem them disabled or not. An individual should make the decision to file for Social Security disability based upon their own belief about their condition. If you feel you cannot work in the near future then you should file for Social Security disability benefits. You should also submit a free claim evaluation with SSI Associates to gain professional help.

9. Do you have to be permanently disabled to get Social Security disability benefits?

No. You have to have been disabled for at least a year, be expected to be disabled for at least a year or have a condition that can be expected to result in death within a year.

10. I have several health problems, and it’s the combination of all of them that makes me disabled. Can I get Social Security disability benefits?

Social Security is supposed to consider the combination of impairments that an individual suffers in determining disability and the combined effects of all of the health problems must be considered.

11. I got hurt in an automobile accident. I am disabled now, but I expect that I will be able to return to work after I recover. Should I file for Social Security disability benefits?

If you expect to be out of work for a year or more on account of illness or injury, you should file for Social Security disability benefits.

12. How does Social Security determine if I am disabled?

From your medical records, Social Security will carefully consider all of your health problems, as well as your age, education, and work experience. In general, Social Security is supposed to decide whether you are able to do your past work. If Social Security decides that you are unable to do your past work, they are supposed to consider whether there is any other work which you can do considering your health problems and your age, education, and work experience.

13. Who decides if I am disabled?

A disability examiner at the Disability Determination agency, in your state, along with a doctor, who makes the initial decision on the claim, will determine if you are disabled. If the claim is denied and the individual requests reconsideration, the case is then sent to another disability examiner at the Disability Determination agency, where it goes through much of the same process. If a claim is denied at reconsideration, the claimant may then request a hearing. At this point, the case is sent to an Administrative Law Judge who works for Social Security. The Administrative Law Judge makes an independent decision upon the claim.

14. Why does Social Security consider my age in determining whether I am disabled?

The Social Security Act requires it.

15. Is there a list of illnesses that Social Security considers disabling?

There is no one simple list of illnesses, which Social Security considers to be disabling. However, if an illness is so severe, Social Security will award benefits on the basis of medical considerations alone.

16. What can I do to improve my chances of winning my Social Security disability claim?

Be honest, forthcoming and thorough when giving information to Social Security about your disability. Beyond that, the most important thing that you can do is just keep appealing and hire an experienced person, who understands how Social Security works, to represent you. It is important to appeal because most claims are denied at the initial level, but are approved at higher levels of review.

17. If I am approved for Social Security disability benefits, how much will I get?

The amount you will receive depends upon how long you worked and how much you earned before becoming disabled. For disabled widow's or widower's benefits, it depends upon how much the late husband or wife worked and earned. For disabled adult child benefits, it all depends upon how much the parent worked and earned.

18. What do I do if Social Security denies my claim for Social Security disability benefits?

If you are denied, at the initial level, unless you have already returned to work or expect to return to work in the near future, you should appeal. In most states you do this by fling a request for reconsideration.

19. What is "reconsideration"?

When a claim for Social Security disability benefits is denied at the initial level, the claimant usually must request "reconsideration" of that decision to start the appeal process. The case is then sent to a different disability examiner for a new decision.

20. Who makes the reconsideration determination?

A disability examiner at the Disability Determination Section makes the reconsideration determination.

21. What is the Social Security hearing like?

The hearings are fairly informal. The only people likely to be there are the judge, a secretary operating a tape recorder, the claimant, the claimant's attorney, and anyone else the claimant has brought with him or her. In some cases, the Administrative Law Judge has a medical doctor or vocational expert present to testify at the hearing. There is neither jury nor are there any spectators at the Social Security hearing. There is also no attorney at the hearing representing Social Security trying to get the judge to deny the disability claim.

22. If the Administrative Law Judge denies my claim, can I appeal any more?

Yes. You can appeal to the Appeals Council, which is still within Social Security. This is the 3rd step in the full Social Security appeal process

23. What is the Appeals Council?

The Appeals Council exists to review Administrative Law Judge decisions.

24. Can I appeal a case beyond Social Security to the Federal Courts?

Yes. After being denied by the Appeals Council, it is possible for a claimant to file a civil action in the United States District Court, requesting review of Social Security's decision. A Social Security disability claim can go all the way to the Supreme Court. Perhaps once every year or two years, the United States Supreme Court actually hears an appeal about a Social Security disability case.

25. If I get on Social Security disability benefits and begin to feel better and want to return to work, can I return to work?

Yes. Social Security wants individuals drawing disability benefits to return to work and gives them every encouragement to do so. For persons receiving Disability Insurance Benefits, Disabled Widow's and Widower's Benefits, and Disabled Adult Child Benefits, full benefits may continue for a year after an individual returns to work. Even thereafter, an individual who has to stop work in the following three years can get back on Social Security disability benefits immediately without having to file a new claim. In SSI cases, things work a differently, but there is still a strong encouragement to return to work.

26. How do lawyers who represent Social Security disability claimants get paid?

In almost all cases, the Social Security lawyer receives one- quarter of the back benefits if the claimant wins and no fee if the claimant loses.

27. Can alcoholics and drug addicts really get Social Security disability benefits?

No. There never were all that many people getting Social Security disability benefits on account of alcoholism or drug addiction, but Congress has now prohibited Social Security from paying disability benefits on the basis of alcoholism or drug addiction. However, alcoholics and drug addicts have heart attacks, get cancer or get sick in other ways just like everyone else. Alcoholics and drug addicts who become disabled apart from their alcoholism or drug addiction can become eligible for Social Security disability benefits. See our full list of disabilities eligible for Social Security benefits

28. I am disabled, but I have never worked at public work. Can I get Social Security disability benefits?

If you are poor enough, you can qualify for Supplemental Security Income (SSI) if you are disabled, even if you have never worked in the past. It is also possible to qualify for Disabled Adult Child Benefits on the account of a parent if you became disabled before age 22 or for disabled widows or widower's benefits on the account of a late husband or wife.

29. I am already on Social Security disability benefits, but I am worried that my benefits will be stopped in the future. What are the chances of this happening?

Social Security is not supposed to cut off disability benefits for an individual unless his or her medical condition has improved. When Social Security reviews a case of someone already on Social Security disability benefits, they continue benefits in the vast majority of cases. In recent years, Social Security has been doing few reviews to determine whether or not individuals already on Social Security disability benefits are still disabled. This is changing and Social Security should be doing far more reviews in the next few years. However, the vast majority of individuals who are reviewed will see their Social Security disability benefits continued.

30. If Social Security tries to cut off my disability benefits, what can I do?

Appeal within 10 days after being notified that your disability benefits are being ceased, you can ask that your disability benefits continue while you appeal the decision cutting off your benefits.

31. My doctor says I am disabled so why is Social Security denying my Social Security disability claim?

Social Security's position is that it is not up to your doctor to determine whether or not you are disabled. It is up to them and they will make their own decision regardless of what your doctor thinks.

32. I am 60% disabled. Do I get 60% of my Social Security disability benefits?

For purposes of Social Security disability benefits, you are either disabled or not disabled. There are no percentages of disability, nor any percentages of disability benefits.

33. I am disabled by mental illness. Can mental illness serve as the basis for a Social Security disability claim?

Yes. Mental illness is a frequent basis for awarding Social Security disability benefits.

34. How long does it take before Social Security makes a decision once I file a claim for Social Security disability benefits?

In most cases Social Security makes the first decision within four months.

35. How long does it take for Social Security to make a reconsideration determination on my Social Security disability claim?

In most case Social Security makes the reconsideration determination within four months.

36. How long does it take for Social Security to act upon a request for Appeals Council review?

It could be about a year, maybe longer.

37. If I get Social Security disability benefits will I get Medicare?

If you are approved for any kind of Social Security disability benefit other than SSI you will get Medicare after you have been entitled to Social Security disability benefits for two years.

38. If I get Social Security disability benefits will I get Medicaid?

If you are approved for SSI you will get Medicaid. It is possible to get both Medicare and Medicaid if you are entitled to SSI and some other type of Social Security disability benefit.