How do I know if I can qualify for disability benefits?
Social Security has its own definition of disability. In order to qualify for Social Security disability benefits you must be unable “to engage in any substantial gainful activity” because of physical or mental illness which is expected to last at least 12 months or result in death. “Substantial gainful activity” is not limited to your previous work. If you can do any type of work on a full-time basis, then you would probably not be deemed disabled.
I’ve been turned down for disability. What do I do now?
People are surprised when they receive a denial of disability benefits from Social Security. Don’t be. Most people are turned down twice and then have to go to a hearing before an Administrative Law Judge before they can obtain benefits. If you have been denied benefits, and you believe that you should qualify, you must file an appeal within 60 days of the denial. After the first denial, you will file a Request for Reconsideration. After the second denial, you will file a Request for Hearing with an Administrative Law Judge. If you have hired an attorney to represent you, he or she should file the appeal for you.
When should I apply for Social Security disability benefits?
You should apply for Social Security disability benefits as soon as you believe that your mental or physical illness will keep you from working for at least 12 months. Because of the serious backlog of cases nationwide, it can take more than two years from the time you first file your claim to have your case decided. You should not wait until you have been out of work for a year. Certain rules and limitations apply to Social Security disability claims limiting the amount of any award for past due benefits. Generally, you cannot be awarded past due benefits for more than one year prior to the date of your application, no matter when you became disabled. Therefore, early filing is very important.
Should I get my doctor to write a letter to the Social Security Administration?
Medical evidence is very important in the disability claims process. That evidence includes not only your medical records but also additional information from your doctor about your symptoms and how those symptoms limit you. In some cases, claimants have been successful because of letters from a doctor. Asking your doctor to write a letter, however, can backfire. Your doctor is not necessarily aware of all of the complex legal and medical issues surrounding disability claims, and so he or she might unwittingly undermine your case. A better idea is to have your disability lawyer ask your doctor to complete a report or questionnaire that is specific to your case and your limitations. Your lawyer can explain SSA’s standards to your doctor and present your information to the SSA in a way that is helpful to your case.
How important is it that I continue my medical treatment after applying for disability?
One mistake that can easily undermine a disability case is failing to continue with medical treatment. Individuals who suffer from chronic, long-term problems that render them unfit to work have usually been going to a doctor for a long time. You may feel that your conditions have not improved and so decide to stop going to the doctor altogether. This is a mistake both medically and legally. Medically, there may be new treatments for your condition but you will never know about them. Legally, stopping treatment can undermine a case, as it eliminates evidence of the problem. Your disability case depends on the medical evidence. If your condition is not improving it is important to document the lack of improvement through your medical records.
How Will My Disability Hearing Begin?
Hearings usually begin with the Administrative Law Judge (“ALJ”) stating who is present and noting that your disability lawyer is representing you. The ALJ will probably ask your lawyer to verify this on the record. Most ALJs will also try to put you at ease by explaining how the hearing will proceed. The ALJ will explain that the hearing is “de novo” meaning that it is a new hearing and not affected by the previous decisions. The ALJ will also explain that he or she is not part of the office that previously denied your disability claim. He or she may or may not provide a procedural history of your claim and a statement of the issues, depending on whether your disability lawyer decides to waive a reading of those matters. Unless there is an unusual issue involved in your case, your lawyer will probably waive the reading. During the opening statement, the ALJ will give a brief description of the proposed exhibits and inquire as to whether there are any objections to the exhibits. Your disability lawyer may or may not object to some of the proposed exhibits. The judge will rule on the objections and then admit the exhibits into the record. The ALJ will also describe the manner in which the hearing will be conducted. He or she will probably explain that: (1) one person will testify at a time; (2) witnesses will be examined under oath and may be cross-examined; (3) the strict rules of evidence used in civil and criminal court will not be applied; (4) a reasonable time will be allowed to present oral argument or to file briefs about the facts and law material to the case.
Do I have to pay taxes on my Social Security disability benefits?
According to the Social Security website, whether you will pay taxes depends on your total income. Currently, for people filing individually the benefits are taxed if total income is more than $25,000.00. For people filing a joint return with a spouse, the benefits are taxed if total income is more than $32,000.00. You should consult with a tax professional if you have questions about your tax status.
