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. 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. Social Security Disability is known as SSD and Supplemental Security Income is known as SSI. 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.
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. Once a person has qualified for SSD benefits, a Social Security record or statement will be provided to them annually. This statement will detail how much money you could receive if you became disabled and approved for Social Security Disability benefits. This statement also tells you your Date Last Insured often referred to as your DLI.
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: The reasons why you may not qualify for benefits are different from person to 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. This is the same for Social Security. If, for instance, you work for 30 years before retiring early, the moment you leave work you will stop paying into your Social Security account. 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: While you certainly have a point, the Social Security system just does not work this way. In order to be approved for Social Security Disability benefits (and get back some of the money you paid in), you must have been determined to be disabled. Yes, you paid into the system and that is why you are able to apply for SSD benefits instead of SSI benefits.
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. However, in the world of Social Security benefits, the idea of "getting more money" just does not exist. 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. 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: "I was on SSD and then I went go jail, why am I not getting my benefits anymore?"
A: When you are in jail or prison, you are a ward of the state and the state is paying for your food, clothes, and necessities. 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 should I expect to wait before I get approved?"
A: The answer to this changes from applicant to applicant. As a general rule, pretty much every applicant will be rejected one or more times. Because of this, the application process generally takes anywhere from two to five 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: "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 agency is called the National Organization for Social Security Claimants Representatives, or NOSSCR. When you speak to NOSSCR, be sure to let them know your specific situation, such as a stoppage of payment of benefits (called a cessation), a claim of overpayment, etc., so they can refer you to the best professionals to take on your case.