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. If this is you, you are not the only one out there feeling that way. 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. 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.
Supplemental Security Income is for those disabled persons who have either never been employed and earned money, or have not been employed enough total time to make them eligible for Social Security Disability. 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. The Social Security Administration keeps records on each individual, recording how many years they worked, how much they earned, and how many Social Security “quarters” they have worked and paid. Once a person has qualified for SSD benefits, a Social Security record or statement will be provided to them annually. 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. Your “DLI,” or Date Last Insured ,will also be referenced on your annual SSD record.
Q: “How can I get a copy of my statement?”
A: You can contact your local Social Security Administration office and ask for a copy of this statement. You can also call the 800 number for the Social Security Administration and ask them for the pertinent information which would be how many quarters you have, what your DLI is, etc. To locate your local Social Security office, simply call 1 800 772 1213 or visit the Social Security Administration’s website.
Q: “Why don’t 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. Insurance benefits will end after a certain time has elapsed since you last paid. This is the same for 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: “It’s my money! I worked and I paid into the system, why can’t 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. However, in the world of Social Security benefits, the idea of “getting more money” just does not exist. 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. 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 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 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 Social Security professionals offer a free consultation, and will let you know up front whether or not they can take on your case.
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: This can happen and it is referred to as an overpayment case. There are attorneys that handle this specific situation.
If you find yourself in any of these situations and you are not sure what to do start asking questions. Speak to a professional who deals with SSD, and keep in mind that if one lawyer rejects your SSD case, there are others who may be willing to take it on. There are attorneys that handle SSI but not SSD and there are attorneys that handle all types of situations with social security benefits. If you do not know how to find a Social Security lawyer or who you should speak to first, there is a referral agency for lawyers who work with Social Security cases. This agency is called the National Organization for Social Security Claimant’s 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.