Struggling with Your Social Security Disability Application?
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by: albert.tobega
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Many, many Americans (even the ones who qualify for benefits) are filled with questions about the process of applying for Social Security Disability. This process is one that can be extremely frustrating to someone that is unfamiliar with the laws or the process. Sound familiar? Well, you are not the only one feeling frustration with the process. Read on for easy to understand answers to some of the social security questions we most commonly hear. We hope that this information can help you to better understand the process, and know what you should do next.
The question we probably hear more than any other is "How are Social Security Disability and Supplemental Security Income different? This is a good question because there is a big difference in the two. Supplemental Security Income is commonly referred to as SSI, and Social Security Disability is referred to by the initials SSD. In reality, the only concept these two programs have in common is that they were both created for people with disabilities.
SSI is for those people that are disabled and have never worked or have not worked enough to qualify for SSD. This would include children, stay at home parents or spouses, or younger individuals that worked but did not pay enough into Social Security in the last 5 to 10 years to be eligible for SSD before they became disabled. SSI also is income based, so if you are married and your spouse makes too much money for the Social Security guidelines you could be denied even if you are disabled.
Social Security Disability works like this: you work, you pay taxes, and you pay for Social Security. Social Security keeps a statement on every individual that details how much money you made in the years you worked and how many "quarters" you have paid into the system. This is a statement that is sent on a yearly basis to individuals once they have earned enough quarters to qualify for SSD, should they need it. This statement will detail how much money you could receive if you became disabled and approved for Social Security Disability benefits. Your "DLI," or Date Last Insured ,will also be referenced on your annual SSD record.
Q: "I would like to obtain a copy of my SSD record. How do I do this?
A: Getting a copy of your SSD record is easy; simply contact the Social Security Administration and ask. You can also obtain information from your statement over the phone, like your DLI, the amount of time you are recorded as having worked, etc. You can find your local office by calling 1 800 772 1213 or going online to the Social Security Administration website.
Q: "I have worked almost all of my life? How is it possible that I do not qualify for SSD benefits?"
A: This is a situation that is different for every person. When you pay into Social Security it is almost like when you pay for health coverage. A certain amount of time after you stop paying your coverage will end. It works the same way with Social Security. If you work for 25 years and you decide to take early retirement you are now not "paying" into Social Security. You only have a certain amount of time to file for SSD benefits before your coverage ends. If you are in this situation and your coverage has ended then you should consider applying for SSI.
Q: "Its my money! I worked and I paid into the system, why cant I get my money back?"
A: This is a good argument but unfortunately this is not how Social Security works. You do have to be found medically disabled even for SSD benefits. Paying into the system simply qualifies you for Social Security Disability.
Q: "I am already getting Social Security Disability but its not enough, I need to get more money."
A: This is often what people say and this situation is understandable. Unfortunately when you are receiving Social Security Disability there is not a such thing as getting more money. With SSD you are either approved and receiving the entire benefit available to you or you are denied and receive nothing. There is only so much "money" in your "account" to be withdrawn. It is similar to if you had a regular bank account that you withdrew monthly funds from, there is only so much money in that bank account and no more is being added because you are not working.
Q: "I was on SSD and then I went go jail, why am I not getting my benefits anymore?"
A: When a person is incarcerated, they become a ward of the state, which pays for food, board, etc., During this time, your SSD benefits will automatically stop, and you will have to apply for benefits all over again when you are released. If you find yourself in this situation, it is a good idea to speak to a lawyer or an expert in SSD laws and policies.
Q: "How long does this process take?"
A: The answer to this changes from applicant to applicant. Almost everyone is denied at least once if not twice. The entire process on average can take about 2 to 5 years. If you have been going through this process and now you are facing a hearing it is beneficial for you to at least speak with a representative that knows the law for Social security benefits. Most consultations are free and they can usually tell you then if they will take your case or not.
Q: "I was approved but now they are telling me that they over paid me and I have to pay them thousands of dollars back." A: Unfortunately, this really does happen, and is called an "overpayment case." There are attorneys that handle this specific situation.
If any of the above things happen to you and you do not know what your next step should be, it is time to ask. Contact a local professional for a free consultation and just because one attorney does not want to take your case doesnt mean that another attorney wont. Shop for lawyers accordingly... some only take SSD or SSI cases, while others take all social security related cases. If you are not sure who to contact first there is a referral system for attorneys that specifically handle Social Security claims. This agency is called the National Organization for Social Security Claimants Representatives, or NOSSCR. If you call them and let them know what type of social security situation it is, such as SSI benefits, an overpayment case, a cessation (where they stopped your benefits) etc, they will give you the name and number of an attorney in your area to contact.
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Find more articles about social security help, preview veteransdisabilitylawyer.mystuff5.com/?Is-It-Best-to-Submit-A-New-Social-Security-Application-When-You-Receive-Notification-That-Your-Claim-Was-Not-Approved?&x=11170.
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