Are You Facing a Difficult Social Security Disability Situation?
There are many people out there that have questions about the Social Security Disability process, how it works, if they qualify and what to do. 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. Here are some basic questions that we hear a lot and a few simple straight forward answers to those questions. Hopefully this will help you decide what your next step is going to be or at least where to look for help.
The question we probably hear more than any other is "How are Social Security Disability and Supplemental Security Income different? The truth is, there is a lot of difference between them. Social Security Disability is known as SSD and Supplemental Security Income is known as SSI. The common ground between the two is they are both for disabled citizens, but that is where the commonality ends.
SSI is for those people that are disabled and have never worked or have not worked enough to qualify for SSD. This is a wide group, including children, mothers or fathers who stay at home, or people who worked before they were disabled, but did not pay enough into Social Security to qualify them for SSD benefits. Supplemental Security Income is a benefit given based on income as well as disability, so if you have a spouse who makes too much money, you may be denied benefits even if you would qualify otherwise.
For SSD, when you work and pay taxes you also pay 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. In this record, you will be able to see what kind of benefits you would be eligible for were you to become disabled and were granted SSD benefits. This statement also tells you your Date Last Insured often referred to as your DLI.
Q: "How can I get a copy of my statement?"
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. To locate your local Social Security office, simply call 1 800 772 1213 or visit the Social Security Administrations website.
Q: "Why dont I qualify for SSD when I worked the majority of my life?"
A: The reasons why you may not qualify for benefits are different from person to person. Paying "quarters" into Social Security is similar in concept to paying for health insurance. 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. After this, you only have a certain amount of time before your Social Security Disability coverage will end. 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. Social security disability is very "all or nothing"; you are either approved and receive your full benefits, or you are not approved and do not receive a thing. You have only "paid" so much money into you Social Security account. The concept is similar to having a bank account; you can withdraw funds only until a certain point, but when you are not working and no more is added, there is nothing left to draw out.
Q: "Before I went to jail, I was receiving Social Security Disability. Why do I no longer receive my benefits?
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. In this situation it may be a good idea to contact an attorney or professional that is familiar with this type of situation.
Q: "How long does this process take?"
A: This is different with every case. As a general rule, pretty much every applicant will be rejected one or more times. The entire process on average can take about 2 to 5 years. If you are in the middle of this process, and have a hearing scheduled to evaluate your application, it is a good idea to speak with a professional who understands the ins and outs of the SSD process. Most consultations are free and they can usually tell you then if they will take your case or not.
Q: "My SSD application was approved, and I have been receiving benefits. Now they tell me they paid me too much and I have to pay them back." A: Unfortunately, this really does happen, and is called an "overpayment case." If this happens to you, the first thing you need to do is speak to a lawyer who handles these kinds of Social Security cases.
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 organization is called NOSSCR, or the National Organization for Social Security Claimants Representatives. 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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More references about social security disability, click HillandPonton.com.
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