Social Security Disability FAQs
Answers to Frequently Asked Questions
Click on a question to see the answer.
The SSA offers the following benefits:
Disability benefits:
If you can no longer work and have a medical condition that is expected to last at least one year or result in death
Spouse benefits:
If your spouse is age 62 or older; or your spouse, at any age, if he or she is caring for a child of yours who is younger than age 16 or disabled; or if you are a disabled widow or widower between the ages of 50 and 60
Child benefits:
Your unmarried child, including an adopted child, or, in some cases, a stepchild or grandchild who is younger than age 18 or younger than age 19 if in elementary or secondary school full time; or your unmarried child, age 18 or older, if he or she has a disability that started before age 22 (the child’s disability also must meet the definition of disability for adults)
Yes. In most cases, the SSA requires that you pass an earnings test:
- A “recent work” test based on your age at the time you became disabled
- A “duration of work” test to show that you worked long enough under Social Security
How does the SSA determine if I can return to work?
The SSA will determine if your disability is so severe that you can no longer work by evaluating if you:
- Can no longer do the work you did before
- Cannot do any other type of work
Understanding these requirements can be difficult. Harris Disability Law knows how the SSA works. We’re here to help you navigate the system and help you determine if you are qualified for benefits.
The SSA will determine if your disability is so severe that you can no longer work by evaluating if you:
- Can no longer do the work you did before
- Cannot do any other type of work
Understanding these requirements can be difficult. Harris Disability Law knows how the SSA works. We’re here to help you navigate the system and help you determine if you are qualified for benefits.
According to the SSA, a disability is defined as:
the inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.
When you apply for benefits, the SSA will evaluate if you’ve worked enough years to qualify and verify your current work status. If you meet the work-related requirements, your local Disability Determination Services (DDS) office will review your medical evidence and ask your doctors or medical providers about:
- What your medical condition is
- When your medical condition began
- How your medical condition limits your activities
- What the medical tests have shown
- What treatment you have received
- Your ability to do work-related activities
In order to apply, you will need to complete an application for Social Security benefits and the Adult Disability Report. When you prepare your application for SSD benefits, you must include:
- Your Social Security number
- Your birth or baptismal certificate
- Names, addresses, and phone numbers of the doctors, caseworkers, hospitals, and clinics that took care of you and the dates of your visits
- Names and dosage of all the medicine you take
- Medical records from your doctors, therapists, hospitals, clinics, and caseworkers that you already have in your possession
- Laboratory and test results
- A summary of where you worked and the kind of work you did
- A copy of your most recent W-2 Form (Wage and Tax Statement) or, if you are self-employed, your federal tax return for the past year
Social Security has released a new and improved service to check the status of your application or appeal. Go to https://www.ssa.gov/myaccount/ and open a “my Social Security” account today. If you do not have access to a computer, you may create the account on a smart phone. The service provides detailed information about retirement, disability, Medicare, and Supplemental Security Income applications and appeals, filed either online at SocialSecurity.gov or with a Social Security employee. To check the status of your application or appeal, and to verify the multiple monthly payment amount you will receive if approved for Social Security disability insurance, create or log in to your personal my Social Security account.
Social Security has not yet provided us as representatives with direct access to your case, unless you are at a hearing level. At the first two levels (before a hearing is requested), please remember that it takes approximately six months for Social Security to make a decision. If it has been longer than six months, please contact our office so that we may directly call the adjudicator for a more detailed status regarding your case.
It takes about 60 days for current benefits to start being paid. From the date of the decision it can take from 60 – 180 days for all back benefits to be paid. Thus, all this takes a long time, much longer than it should. We will do everything in our power to facilitate your case, but we cannot force Social Security to process payments or decisions faster.
You don’t have to get any medical records or reports yourself. In fact, it’s better if you do not even try to get such things unless asked to do so. If you happen to get something such as a disability form completed by your doctor for an insurance company, etc., be sure to send us a copy.
Please notify us immediately. You are required to attend the exam with the doctor. A failure to attend the exam will impact your claim for benefits.
As a rule, you should send everything to your representative, even forms Social Security has sent you directly. We will cop are received by Social Security.
Usually Social Security will send you some forms to complete about recent medical treatment, what medications you’re takin as soon as possible after you get them and send them to me. I’ll forward them to Social Security electronically.
No. It is not necessary to telephone us to tell us about routine medical care. But please contact us if you see a new doctor or other medical practitioner.