Who is eligible to receive Social Security Disability benefits (SSD)?

If you are like most people, you think that Social Security is strictly a retirement program. Although most of the beneficiaries receive retirement benefits, many others get Social Security because they are disabled. If you are a working person who can no longer do your job because of an illness or injury, you may be eligible for disability benefits.

How does it work?

The idea behind Social Security is simple. You pay taxes into Social Security during your working years, and then if you retire or become disabled, you or members of your family receive monthly benefits.

How do I qualify for SSD?

The first requirement is that you must have paid into the Social Security Administration for a long enough period and in large enough amounts to be considered "insured". Next, you must not be "gainfully" employed. You must next be under a "disability" which has lasted or is expected to last 12 months. You must have a "disability" that is "severe" enough to keep you from doing your past job. All of the terms in quotations are legal terms that need to be explained by an attorney familiar with Social Security Regulations.

How long do I have to apply?

There is no set time limit in which to apply for benefits. However, the longer you wait, the more benefits you may lose. You should contact an attorney as soon as you have been out of work for 4-5 months.

What does Social Security mean by "Disability"?

Social Security has a specific definition for the term "disability". It is very specific and is related to your ability to work. To qualify for disability from Social Security, you must have a physical or mental impairment that is expected to keep you from doing any "substantial" work for at least a year, or you must have a condition that is expected to result in your death.

This is a fairly strict definition of disability and in order to receive benefits you must meet the definition or you will not be able to receive benefits. There is no such thing as a "partial" disability payment from Social Security. However, individuals who have been found only "partially disabled" under workers' compensation standards may also be eligible for Social Security Disability.
Social Security's rules are different from other plans or government agencies. So the fact that you qualify for disability from somebody else does not mean that you will be eligible for Social Security. Further, the fact that you have a statement from your doctor indicating that you are disabled does not mean that you will be automatically eligible for Social Security disability payments. You should speak to one of our attorneys to discuss the specifics of your individual case.

How do I apply for SSD benefits?

TR, & R. can complete the application on your behalf, or you can apply on your own at your local Social Security office.

The application process can be long and confusing. The information you provide Social Security in your initial application may be used by Social Security to deny your claim. Sometimes, applicants do not give Social Security enough information or accurate information due to confusion caused by Social Security's burdensome forms. Therefore, it is important to give Social Security full and accurate information at the initial application. TR &R will help you properly complete the entire initial application.

How long will I be able to receive SSD benefits?

You will receive Social Security Disability benefits as long as your remain disabled and unable to work, or until you become eligible for Social Security Retirement payments.

What do I do if I am denied?

Most people who are denied at the initial application stage should contact an attorney and appeal within 60 days from the date of the denial. Many people who are initially denied benefits are later awarded benefits after appealing with an attorney.

Are my spouse and my children eligible for benefits?

If your spouse or children are dependent upon you, they may be eligible for benefits in in addition to the money you receive each month. Unfortunately, they are not entitled to Medicare.

Am I entitled to past-due benefits?

If you are granted benefits, you can be paid past due benefits which go back a maximum of one year from the date you apply for benefits. Your payments would start 5 months after your disability began.

Will Social Security review my case in the future?

Yes. Most disability cases are reviewed every 3 years to determine if you are still disabled.

Will disability benefits affect my retirement benefits?

No. You will still be entitled to receive your old age Social Security Benefits. In fact, applying for disability benefits may help insure that you receive the highest retirement benefit possible. Failure to establish that you are disabled if you are out of work, could penalize your later retirement benefits.

Can I collect both SSD and workers' compensation?

Absolutely. You can collect SSD and Workers' Compensation at the same time. Your SSD benefits will not affect your workers' compensation benefits. The amount you receive from SSD may be reduced if you are receiving workers' compensation benefits. You should discuss this with an attorney who is experienced with both Social Security and Workers' Compensation.

Will I be entitled to Medicare?

Yes. If you are found disabled and awarded benefits, you will become eligible for Medicare approximately 24 months from the date you became eligible for disability benefits. This is another reason to apply as soon as you think you are disabled. Unfortunately, your dependents will not be eligible for Medicare even if you are.