Frequently Asked Questions about Social Security Disability (SSDI)
Note: the following questions and answers provide generalized comment
on SSDI law and procedure and may not apply in all fact situations.
They are not a substitute for consultation with an experienced attorney.
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1.
Will SSDI replace all my lost income?
2.
Can I receive SSDI if I have money and assets?
3.
How long does it
take to receive SSDI benefits?
4.
If I can't afford a doctor, how can I prove my
medical condition?
5.
What should I do if my doctor won't support my claim of disability?
6.
What
should I do if Social Security denies my application?
7.
What should I do if I didn't file my appeal within sixty days and still want to
appeal?
8.
What should I do if SSA does not allow my late
appeal?
9.
Can I
earn income while I am receiving SSDI
benefits?
10.
Does the fact that I have been on Temporary Total Disability under Workers'
Compensation help prove my claim?
1. Will SSDI replace all my lost income?
No, it is more of a "safety net" and will pay
monthly benefits to you based upon the amount of money that you have paid into the
system through
employment taxes.
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2. Can I receive SSDI if I have money and assets?
SSDI benefits are not based on financial need and
therefore your assets and passive, unearned income are not relevant. As long as
you meet quarters worked requirements and SSA determines that you are totally
disabled, you are eligible.
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3.
How long does it take to receive SSDI benefits?
If your claim is among the approximately one-third of
claims that are approved initially, the process generally takes several months.
For most people, however, the appeal process must be used to secure benefits.
If your claim must proceed to the
hearing stage at the Office of Hearings and Appeals, it may be a year before a
payment begin after a successful appeal.
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4. If I can't afford a doctor, how can I prove my
medical condition?
Medical reports are extremely important in proving your
disability. While you can ask that the Social Security
Administration provide doctors for "consultative exams", these are a
poor substitute for the reports of a treating physician. If you
cannot afford a doctor, perhaps you may be able to obtain treatment through a
hospital clinic or county health services.
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5. What should I do if my doctor won't support my claim
of disability?
Any decision you make should first take into account
what is best for you from a medical care standpoint. However, it may be
wise to consulting with another doctor as you treating doctor's opinion is
extremely important in your claim.
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6. What should I do if Social Security denies my application?
You should seek legal counsel regarding your chances on
appeal. If you feel that an appeal is proper, you should obtain the proper
forms and file your appeal within the sixty days allowed from the date of the
decision. Either hand deliver the appeal and obtain a date stamped copy or
send it by certified mail, return receipt requested.
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7. What should I do if I didn't file my appeal within
sixty days and still want to appeal?
You generally have 60 days to submit an appeal after
receiving a denial notice and may be allowed five extra days for the mailing to
get to you. Under certain circumstances the SSA will accept a late appeal
for "good cause". Some reasons the SSA may consider a
"good cause" for filing a late appeal are diminished mental capacity
or state, hospitalization, lost mail, etc. However, do not delay even one
day in filing you appeal and explanation letter for the later filing.
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8. What should I do if SSA does not allow my late
appeal?
If you feel that your claim is meritorious, by all
means immediately file a new claim.
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When your benefits start you will be advised by SSA about
your duty to report future work and its affect on your benefits.
Generally, SSA does not consider earnings under about $700.00 per month as
substantial. However, any ability to earn money by working could possibly
be used against you. The closer the amount is to $700 per month, the
greater the risk that SSA will decide you are capable of working.
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No, as the definition of TTD under workers'
compensation is not the same as for SSDI. You may receive TTD under
workers' compensation if you are treating and unable to perform the regular
employment. SSDI requires that you are unable to perform any suitable
gainful employment.
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PLEASE FEEL FREE TO CONTACT US FOR
FURTHER EXPLANATION OR INFORMATION REGARDING THE SPECIFICS OF YOUR
SITUATION.
