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FAQs About Applying For Social Security Disability (SSD) And/Or Supplemental Security Income (SSI)
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by David S. Bross, Esquire
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Disabled
How can I tell if I am disabled enough to apply for Social Security Disability (SSD) or Supplemental Security Income (SSI) benefits?
You don't have to be bedridden, even if you're a young person. If you cannot work at a regular job, including your past jobs, because of your medical problems, that ought to be enough. Nevertheless, being unable to work and being found "disabled" by the Social Security Administration (SSA) are two different things.
It is often not easy to convince SSA that someone is "disabled" even when they genuinely cannot work. At the same time, however, it is not impossible. If you really cannot work, apply for SSD and/or SSI benefits. Give SSA all the information it asks for in a straightforward, candid way. Be truthful, and don't exaggerate or minimize your disability.
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How To Apply
How do I apply for Social Security Disability or SSI benefits?
Telephone your local Social Security office directly or call the Social Security Administration at 1-800-772-1213. When you call, you will be given the option of 1) going to the Social Security office to apply for benefits; 2) having your application taken over the telephone; or 3) applying on-line at www.socialsecurity.gov. If you choose to go to the Social Security office, the person at the 800 number will schedule an appointment for you and give you directions to the Social Security office. If you want to apply by phone, you will be given a date and an approximate time to expect a phone call from someone at the Social Security office who will take your application over the phone.
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When To Apply
When should I apply?
As a general rule, the earlier the better. If you know that it's likely you will continue to be disable d for at least a year, or if you have already been disabled for that long, there is no reason to wait. The appeal process, if necessary, can take a long time; so, the earlier you apply, the earlier you can resolve your claim. On the other hand, if you know that your disability is strictly "short-term," such as having a broken foot, which will only keep you out of work for a few weeks or months, there is probably no reason to apply at all. In that case, it is probably better to "wait and see" how you recover, rather than wasting your time and that of the people at SSA.
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Denied Benefits
What happens if I am denied benefits and I do not appeal within 60 days?
In most cases, you'll have to start over with a new application and it may mean that you'll lose some back benefits. So it's important to appeal all denials within 60 days.
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How To Appeal
How do I appeal?
You can appeal in one of four ways: 1) Have your attorney file the appeal; 2) Call the Social Security office to make arrangements for your appeal to be handled by phone; 3) Log on to www.socialsecurity.gov; or 4) Go in person to your local Social Security office.
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The Biggest Mistake
What is the biggest mistake people make when trying to get disability benefits?
Failing to appeal. More than half of the people who are denied become discouraged and initially fail to request reconsideration, which is the first level of appeal. Another mistake, although much less common, is made by some people when they fail to obtain appropriate medical care. Some people with long-term chronic medical problems feel that they have not been helped much by doctors. Thus, for the most part, they stop going for treatment. This is a mistake for both medical and legal reasons. First, no one needs good medical care more than those with chronic medical problems. Second, medical treatment records provide the most important evidence of disability in a Social Security Disability case.
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Legal Representation
Do I need an attorney to apply for disability benefits or to request reconsideration, or can I wait until I get to the hearing stage?
Although the attorney's help generally becomes most crucial when the claim reaches the hearing stage, an attorney's involvement early in the claims process can sometimes make the difference between winning and losing a case later on. Plus, in most cases, the attorney's fee is the same whether you hire an attorney early on or just before the hearing. Therefore, although you can file an appeal without being represented by an attorney, applicants generally have much more to gain than to lose by hiring an attorney as early as possible.
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