Because Social Security regulations are so complex, determining which social security benefits you qualify to receive can be a challenge. To smooth the process, here are answers to some of disability applicants’ most common questions.
There are no partial disability social security benefits, since SSA is designed only for people who are completely disabled and who have been (or are expected to be) disabled for at least a year. If you need partial disability, you will have to apply through a state or local disability program. Being denied disability benefits from SSA will not automatically disqualify you from receiving benefits through state and local programs.
However, if you are disabled but able to work for short periods or at a low level, you may be able to continue working while receiving social security benefits. When you apply for disability, the state agency in charge of your case will assess your total earning capacity. If your annual earnings fall under a certain amount, you will still be considered eligible for disability. Note that the agency will consider how much you CAN earn, not how much you DO earn: If you could earn above the minimum by changing to a different job that you are trained to do and physically capable of doing, then you will be considered ineligible for social security benefits. You will not be pressured to do work you are not able to perform. The state agency will consider your experience, education, medical condition, and even age when evaluating your ability to change jobs. If you need help moving to a better job that would enable you to support yourself, assistance is available.
Many applicants are told by their doctors that there is no further treatment for their condition, but their social security agents ask them to continue visiting doctors. If you are in this position, there is an explanation! First, the state agency in charge of your social security benefits may need more information to evaluate your case, and your regular doctors may not have the equipment or experience necessary to provide it. The agency may arrange for you to see another doctor. The examination is part of your case evaluation, not a part of your treatment plan.
Second, even untreatable conditions change, and not all disabilities are permanent. It is a good idea to have regular examinations to track the progress of your condition. Even without treatment, your condition may improve enough to allow you to return to work.
And third, medical science comes up with treatments for “untreatable” conditions every year. Why let resignation steal a possible cure from you? Occasional doctors’ visits are a minor nuisance compared to the vast improvements you could someday see.
December 13th, 2009 at 7:00 am
So, if you wait to apply, you can expect delays in receiving your first payment. You will be able to receive retroactive benefits, even if you wait to apply. No one can receive benefits for the 5 month waiting period. But the longer you wait to apply, the longer you wait for your first check. If you are confused about when or how to apply for disability insurance, it may be beneficial to speak with a social security attorney.
January 7th, 2010 at 7:37 am
Your claim cannot be adjudicated appropriately, unless the judge has recent and thorough data about your condition. Your social security lawyer will handle this for you, if you have one. The last helpful hint is simply to understand your own case. If you have a lawyer, you need not worry so much about this one since he or she will have your files and understand your case well. If you do not have a lawyer, however, it is extremely important to request a copy of your file well before your hearing date.
January 19th, 2010 at 8:18 am
I will certainly come back here.