1.) How does the Social Security Administration decide if I am disabled?

To be considered disabled by the Social Security Administration you must be both:

a.) Unable to do the work you did before also b.) Unable to do any other work existing in significant numbers in the national economy due to your medical conditions, combined with your age, education and work experience.

Your disability must also either last or be expected to last for at least one year or to result in death.

The Social Security Administration only pays for total disability. There is no short-term or partial disability. There is no provisions for disabilities that do not last for at least twelve (12) consecutive months.

2.) What is the difference between Social Security Disability and SSI Disability?

Social Security Disability Insurance (SSDI), is based on your prior work under Social Security. Supplemental Security Income (SSI) benefits are based upon both disability and financial need.

For SSI the monthly payment varies up to the maximum federal benefit rate, which may be supplemented by the State or decreased by countable income and resources.

Social Security Disability is financed with Social Security taxes paid by workers, employers and self-employed persons. To be eligible for Social Security benefit, the worker must earn sufficient credits based on taxable earnings to be "insured" for Social Security purposes. The amount of the monthly disability benefit is based on the Social Security earnings record of the insured worker.

3.) What are credits and how do I earn them?

Credits are based on the amount of your earnings. You can earn up to a maximum of four credits each year.

You earn one credit for each $1,000 of earnings. So if you at least earned $4,000 during the year, you get the maximum of four credits for the year.

4.) How do I apply for disability benefits?

There are numerous ways to file.

a.) You can go to your local Social Security Administration office and file. To find a local office near you call 1-800-772-1213 or go online at www.socialsecurity.gov/locator

b.) You can apply online at www.socialsecurity.gov/applyfordisability

5.) Why is there a five-month waiting period for Social Security disability benefits?

The five month waiting period ensures that during the early months of disability, they do not pay benefits to persons who do not have long-term disabilities. Therefore, Social Security disability benefits will be paid for the sixth month after the date your disability began.

6.) Can I receive both Social Security Disability benefits and SSI?

You may be eligible to receive both SSI Disability and monthly Social Security benefits, if your Social Security benefit is low enough to qualify financially.

7.) Is there a time limit on Social Security disability benefits?

No. Your disability benefits will continue as long as you are unable to work and your medical condition has not improved. If you are still receiving disability benefits when you reach full retirement age, your payments will automatically convert to retirement benefits.

8.) How long does it take to get notified of a decision about disability benefits?

It typically takes the Social Security Administration three to five months to make an initial decision. It can vary depending on several factors, but primarily on:

* The nature of your disability;

* If your claim is randomly selected for quality assurance review of the decision;

* How quickly they obtain medical evidence; and

* Whether it is necessary to send you for a medical examination in order to obtain more evidence to support your claim.

9.) What can I do if the Social Security Administration denies my claim?

If the Social Security Administration denies your initial application you may, and probably should, filed an appeal.

You only have sixty (60) days to file this appeal, from the time you receive the decision. The Social Security Administration assumes that you get the decision within five (5) days of the date of the notice.

When you appeal the decision, you are requesting a hearing before an Administrative Law Judge. You should be represented by an attorney if you chose to appeal, as the laws concerning disability are complex.

10.) How long does the hearing process normally take?

The average amount of time needed to process a hearing request during Fiscal Year 2005 was 443 days. They are working to reduce the waiting time.

11.) What happens if the Judge rules against me?

If the Administrative Law Judge issues an Unfavorable Decision then you will have sixty (60) days from the date of the decision to file an appeal to the Appeals Council.

You should be represented by an attorney if you chose to appeal, as the laws concerning disability are complex. And the presumption is that the decision of the judge was correct.

12.) How long does it take the Appeals Council to review my case?

Recently, the Council has been able to process about half of its actions in 105 days although it is not unusual to find delays on requests for review of up to 30 months. Any case pending more than 30 month will be considered for expedited processing.