FREQUENTLY ASKED QUESTIONS (FAQ) ABOUT SOCIAL SECURITY DISABILITY BENEFITS
My Doctor Says I'm Disabled...Now What?
You are now in a situation where your doctor feels that you are disabled. You must take action to protect your¬self and your family. We can help.
Do I Need An Attorney?
Would you try to fix a broken arm without a doctor's help? You can, but it may prove to be a bad decision. On average, people that are represented by attorneys before the SSA win more often than those that do not have attorneys.
Give yourself the best chance to win. You may have questions that come up during the process. With an attorney, you have someone to ask.
What Do I Do If I Am Denied by the Social Security Administration?
Call us. The clock is ticking for your appeal.
Don't get upset. Nationally, about 60% of all applicants are denied by the SSA initially. Keep your case alive by continuing to send in your appeals.
You need to be very aware of the SSA timelines. If you were denied, you have 60 days to appeal your case. After your initial denial, the SSA will reconsider your application. If your reconsideration is denied, you must appeal that decision within 60 days and ask to speak with a judge at a hearing.
You also need to prepare yourself for the long haul. You need to figure out how you are going to survive. You need to know:
• Where am I going to live?
• How am I going to pay bills?
• How am I going to get treated by doctors?
What Information Will My Attorney Need?
If you think it's important, then it probably is. An attorney wants to see:
• Social Security Paperwork
• Medical Records (if you have them)
• Doctors Names and Addresses
• Dates for Doctor Visits
• Employer Information
• Workers' Compensation Information
• Medications
Take the time to collect all this information for your first visit with your new attorney.
What Are My Options?
If you were injured on the job, you must seriously consider applying immediately for workers' compensation benefits. Any delays in applying for workers' compensation benefits may have serious consequences for you.
If you have private disability insurance, like AFLAC, you should consider applying for those benefits with the help of your doctor's office.
If you are hurt because of another's negligence, you should consider making a claim against that person. We are personal injury trial lawyers.
You may also apply for SSA benefits. SSA benefits provide both income and medical coverage.
There are two main types of SSA income benefits: SSD (Title II) and SSI (Title XVI).
• SSD is available to you if you have contributed money to the SSA by working and have enough quarters to qualify. If you have the quarters and are disabled, you can receive benefits, no matter how wealthy you are.
• SSI is available to you under the same disability standards as above. However, these benefits are means tested. Typically, if you are a parent of a minor or have not been working for awhile you may qualify for SSI.
All SSA benefits come with medical insurance coverage. If you receive SSD benefits, you will be covered by Medicare after a waiting period. If you receive SSI, you will be covered by Medicaid from the date that disability is determined.
What Does Being Disabled Mean?
The SSA does NOT define disability in terms of a particular disease or circumstance that you may have. The SSA looks at functional limitations that affect your ability to work. For example, a person in a wheelchair is not necesssarily disabled.
Disability according to the SSA is based on your inability to work because of a medical (physical, mental or both) condition. To be considered disabled:
• You must be unable to do work you did before and the SSA must decide that you cannot adjust to other work because of a severe medical condition.
• Your severe medical conditions must last or be expected to last for at least one year or to result in death.
SSA pays ONLY for total disability. No benefits are payable for partial disability or short-term disability. If you are able to return to work within a year, then you may want to carefully consider filing for SSA benefits.
The SSA considers your medical conditions, your ability to work, your age, education, work experience and several other factors to decide your case.
CALL BROCKMAN, BRAUCHLE & EVANS TODAY FOR A CONSULTATION.