Straightforward Answers to Your Difficult Social Security Disability Questions

There are many people out there that have questions about the Social Security Disability process, how it works, if they qualify and what to do. This process is one that can be extremely frustrating to someone that is unfamiliar with the laws or the process. Sound familiar? Well, you are not the only one feeling frustration with the process. Here are some basic questions that we hear a lot and a few simple straight forward answers to those questions. We hope that this information can help you to better understand the process, and know what you should do next.

One question that is asked almost more than any other is "What is the difference between Social Security Disability and Supplemental Security Income?" The truth is, there is a lot of difference between them. Supplemental Security Income is commonly referred to as SSI, and Social Security Disability is referred to by the initials SSD. In reality, the only concept these two programs have in common is that they were both created for people with disabilities.

SSI is for those people that are disabled and have never worked or have not worked enough to qualify for SSD. This is a wide group, including children, mothers or fathers who stay at home, or people who worked before they were disabled, but did not pay enough into Social Security to qualify them for SSD benefits. SSI also is income based, so if you are married and your spouse makes too much money for the Social Security guidelines you could be denied even if you are disabled.

For SSD, when you work and pay taxes you also pay Social Security. The Social Security Administration keeps records on each individual, recording how many years they worked, how much they earned, and how many Social Security "quarters" they have worked and paid. This is a statement that is sent on a yearly basis to individuals once they have earned enough quarters to qualify for SSD, should they need it. In this record, you will be able to see what kind of benefits you would be eligible for were you to become disabled and were granted SSD benefits. This statement also tells you your Date Last Insured often referred to as your DLI.

Q: "How can I get a copy of my statement?"

A: You can contact your local Social Security Administration office and ask for a copy of this statement. You can also call the 800 number for the Social Security Administration and ask them for the pertinent information which would be how many quarters you have, what your DLI is, etc. To locate your local Social Security office, simply call 1 800 772 1213 or visit the Social Security Administrations website.

Q: "Why dont I qualify for SSD when I worked the majority of my life?"

A: This is a situation that is different for every person. When you pay into Social Security it is almost like when you pay for health coverage. A certain amount of time after you stop paying your coverage will end. This is the same for Social Security. If you work for 25 years and you decide to take early retirement you are now not "paying" into Social Security. After this, you only have a certain amount of time before your Social Security Disability coverage will end. If you are in this situation and your coverage has ended then you should consider applying for SSI.

Q: "I paid good money into the Social Security system, and now it is gone! Why cant I get it back?

A: While you certainly have a point, the Social Security system just does not work this way. You do have to be found medically disabled even for SSD benefits. Paying into the system simply qualifies you for Social Security Disability.

Q: "I am already getting Social Security Disability but its not enough, I need to get more money."

A: This is often what people say and this situation is understandable. Unfortunately when you are receiving Social Security Disability there is not a such thing as getting more money. Social Security Disability is very "all or nothing"; you are either approved and receive your full benefits, or you are not approved and do not receive a thing. There is only so much "money" in your "account" to be withdrawn. It is similar to if you had a regular bank account that you withdrew monthly funds from, there is only so much money in that bank account and no more is being added because you are not working.

Q: "Before I went to jail, I was receiving Social Security Disability. Why do I no longer receive my benefits?

A: When you are in jail or prison, you are a ward of the state and the state is paying for your food, clothes, and necessities. Because of this the Social Security Benefits are stopped and when you are released you often have to reapply for benefits. If you find yourself in this situation, it is a good idea to speak to a lawyer or an expert in SSD laws and policies.

Q: "How long should I expect to wait before I get approved?"

A: The answer to this changes from applicant to applicant. As a general rule, pretty much every applicant will be rejected one or more times. The entire process on average can take about 2 to 5 years. If you are in the middle of this process, and have a hearing scheduled to evaluate your application, it is a good idea to speak with a professional who understands the ins and outs of the SSD process. Most Social Security professionals offer a free consultation, and will let you know up front whether or not they can take on your case.

Q: "My SSD application was approved, and I have been receiving benefits. Now they tell me they paid me too much and I have to pay them back." A: Unfortunately, this really does happen, and is called an "overpayment case." If this happens to you, the first thing you need to do is speak to a lawyer who handles these kinds of Social Security cases.

If any of the above things happen to you and you do not know what your next step should be, it is time to ask. Contact a local professional for a free consultation and just because one attorney does not want to take your case doesnt mean that another attorney wont. There are attorneys that handle SSI but not SSD and there are attorneys that handle all types of situations with social security benefits. If you are not sure who to contact first there is a referral system for attorneys that specifically handle Social Security claims. This agency is called the National Organization for Social Security Claimants Representatives, or NOSSCR. If you call them and let them know what type of social security situation it is, such as SSI benefits, an overpayment case, a cessation (where they stopped your benefits) etc, they will give you the name and number of an attorney in your area to contact.