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.
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.
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.
