5 Faqs Regarding Social Security Disability Benefits

Law Blog

If you are recently disabled, you are likely interested in learning more about Social Security Disability benefits through the government. With these benefits, you can continue to support yourself and your family even when you are unable to work. If you plan on applying, check out these five frequently asked questions about Social Security Disability benefits.

How Long Must Your Disability Last?

Social Security Disability is for long-term disabilities, which means your doctor needs to prove you are going to be unable to work for at least a year. This is because it's designed to help people who are severely disabled not people who simply can't work for a few months. Only short-term disability covers these shorter spells of being unable to work, but you'll need to purchase a policy before your injury occurs or you'll likely be rejected.

When Is the Best Time to Apply?

Just because Social Security Disability is long-term, it doesn't mean you have to be out of work for a full year before you can apply. You simply need to be able to prove you will be unable to work for at least a year. It is actually best to apply sooner rather than later because the process is long. In some cases, people can fight for a year or more just to get their claims approved. Luckily, once your claim is approved, the benefits are retroactive. So you'll get a lump sum to cover the lost income since the date of your injury. Of course, while you wait for that lump sum, you may be struggling with supporting your family, so apply soon.

Can You Still Work?

It's a common misconception that you cannot work while on disability, but this is not the case. The government wants you to eventually be able to get back on your own feet if possible, which is why they actually encourage you to try working if you can. In fact, you can make up to $1,090 per month and still receive your benefits. This is partially to help you see if you can reenter the work force without losing your benefits. Keep in mind, however, that if you work too many hours, you may also be kicked off Social Security because it proves you are capable of working enough.

What should You Do if Your Claim Is Denied?

Your initial claim is probably going to be denied because about 70 percent of disability claims are denied at this point. If your claim is denied, do not start a new claim because it will likely be denied again. Instead, you want to appeal the original claim. Make sure you include any new information to prove your claim. If you have no new medical records, tests, etc., the appeal will simply get denied for the same reasons as your claim.

Should You Get an Attorney?

If you want to try filing a claim on your own, there is nothing stopping you. You don't have to have an attorney to file for Social Security Disability, but it does help. An attorney will prepare the documentation and claim for you, so it may not even get denied at the first stage. If it does, and you have to appeal, it is best to get an attorney unless your claim was denied for a simple mistake like forgetting to send your medical charts. The attorney doesn't usually get paid until your claim is approved. They then receive a portion of the back pay settlement.

Social Security Disability benefits help support families and individuals who cannot work, but the application process is long and can cause added stress in your life. If you are going to apply for benefits, an attorney is your best option. For more information, contact an attorney in your area today for a consolation. You can also contact companies like Law Center For Social Security Rights.


21 December 2017

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