Frequently Asked Questions About
Social Security Disability Law

1. How does Social Security define “disabled” when they consider my claim?
2. Can I apply for Social Security Disability benefits immediately after I become disabled or must I wait 12 months?
3. Can Social Security benefits begin before the 12 month period or will benefits begin after I have been out of work for 12 months?
4. What is the difference between Social Security Disability benefits and Supplemental Security Income?
5. What should I do if I am denied disability benefits?
6. Do I have to have an attorney to represent me in my Social Security disability claim?
7. When do I need an attorney to assist me in securing disability benefits from Social Security?
8. How can I pay an attorney when I am already disabled, not working and have limited income?
9. Why should I choose your law firm instead of another?

1.  How does Social Security define “disabled” when they consider my claim?

Social Security defines “disability” as “any condition or combination of conditions which will prevent an individual from working for at least 12 consecutive months or will result in death within 12 months.”

2.  Can I apply for Social Security disability benefits immediately after I become disabled or must I wait 12 months?

Yes, you can and should immediately apply for benefits if you believe your condition will prevent you from working for at least 12 months.

3.  Can Social Security benefits begin before the 12 month period or will benefits begin after I have been out of work for 12 months?

Once you have been approved for benefits, Social Security can begin immediately in most cases. However, Social Security will not pay you benefits for the first full 5 months of your disability. This is called the “waiting period.”

If you file for benefits during the waiting period and meet certain income and resource requirements you may be eligible to receive Supplemental Security income benefits that will begin immediately.

To insure that you receive all benefits that you may be eligible for it is important that you file your claim as soon as you believe you will be unable to work for 12 consecutive months because of a disability.

4.  What is the difference between Social Security Disability benefits and Supplemental Security Income?

The medical decision is the same for the two programs. That is, if you are disabled enough for one, you will be disabled enough for the other. However, Social Security Disability (SSD) and Supplemental Security Income (SSI) have separate non-medical eligibility requirements.

Social Security Disability (SSD): If you meet the disability definition in question #1 and you have worked and paid Social Security taxes long enough you will be entitled to Social Security Disability. Two and one-half (2 1/2) years from the determined onset date of your disability, you will be eligible for Medicare. Your income and other resources are not considered in the determination of your eligibility under Social Security Disability.

Supplemental Security Income (SSI): If you have not worked long enough to meet the requirement for Social Security Disability you may be eligible for SSI. Under this plan you are awarded benefits if you meet the disability definition in question #1 and have limited income and resources. Sometimes you can receive both SSI and SSD if your Social Security Disability benefits are low enough and you meet the SSI income and resource requirements.

5.  What should I do if I am denied disability benefits?

First, you should appeal. As many as 70% of all claims are denied at the initial level. Secondly and most importantly you must appeal within 60 days of the denial date. You should contact your local Social Security office or call the national toll free number 1-800-772-1213 or www.ssa.gov and request the appropriate forms for the appeal. If you feel you need an attorney you should contact us. (See Question # 6). A brief explanation of the appeals process is explained below. This process may vary depending on what state you live in when you file.

	Reconsideration: This is the first level of appeal after your initial claim is denied. The reconsideration must be filed within 60 days of the date of your denial notice.
	Hearing: This is next level of appeal after your reconsideration is denied. The hearings request must be filed within 60 days of the date of your reconsideration denial notice.
	Appeals Council Review: If your claim is denied at the hearings level you may request that the decision be reviewed by the Appeals Council. This request for review must be filed within 60 days of the date of the hearings denial notice. AT THIS STAGE YOU SHOULD ALSO FILE A NEW INITIAL CLAIM FOR DISABILITY. The Appeals Council review and new claim will be processed at the same time but independently.

If you exhaust all of the above appeals the next step would be Federal Court. Your attorney can explain this process if the need arises.

6.  Do I have to have an attorney to represent me in my Social Security disability claim?

No. You can go through all of the steps of the claim, including the hearing, on your own. But statistically people who are represented by attorneys have their claims approved more often than those who are not represented. The standards Social Security has set for disability are tough and the claimant has the burden of proving to Social Security they are disabled. An experienced Social Security Disability attorney will know what evidence is required to prove your disability. For additional information regarding representation by an attorney contact us.

7.  When do I need an attorney to assist me in securing disability benefits from Social Security?

Social Security Attorneys can be helpful at any stage in the claims process. Usually your local Social Security office will assist you in filing your initial claim and you do not need an attorney at this step. If you are denied and need to appeal, this is where an attorney can be of assistance. An attorney is most useful when you are at the hearing stage in your appeal process. The attorney can assemble the medical evidence and help you present your case to the Administrative Law Judge.

Please contact us if you feel you need an attorney.

8.  How can I pay an attorney when I am already disabled, not working and have limited income?

At The Law Offices of Steven T. Parkman you do not pay any fees unless your benefits are awarded. Attorney fees are paid from your back benefits and are generally not allowed to exceed 25% of your retroactive money or $5,300.00 whichever is less.

9.  Why should I choose your law firm instead of another?

We are experienced. Attorney Parkman worked many years for Social Security meeting claimants, gathering facts, explaining the program and deciding claims. He has been handling Social Security Disability claims as an attorney for over 20 years. Our Social Security Coordinator also worked for Social Security processing claims and supervising operations. We have staff paralegals with medical background and experience.

For more specific information we encourage you to visit the website of the National Organization of Social Security Claimants' Representatives (NOSSCR) at www.nosscr.org. Their website addresses many specific questions about Social Security Disability. We are members of NOSSCR and believe the organization serves as an excellent resource for claimants and representatives alike.

If you feel you need an attorney, Contact Us.