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Q: How does Social Security define a disability?
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A: To be eligible for benefits, a person must be unable to do any kind of substantial gainful work because of a physical or mental impairment (or a combination of impairments), which is expected either:
to last at least 12 months, or to end in death.
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Q: What is the difference between SSI and DIB?
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A: Supplemental Security Income, or SSI, is a program financed through general tax revenues-not through Social Security trust funds. SSI disability benefits are paid to people who have a disability and who don't own much or have a lot of income.
Social Security disability insurance or DIB is a program that workers, employers and the self-employed pay for with their Social Security taxes. You qualify for these benefits based on your work history, and the amount of your benefit is based on your earnings.
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Q: When should I, or can I, apply for DIB or SSI?
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A: When you believe you qualify or will qualify under the definition. You do not have to wait until you have been disabled 12 months, it must only be expected to last at least 12 months or result in death.
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Q: I am disabled. Can I apply for, and receive DIB, even if I have money in the bank?
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A: Yes. DIB is not a social service and is therefore not asset or income dependent.
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Q: What does "offset" mean?
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A: Ordinarily, disability payments from other sources do not affect your Social Security disability benefits. But, if the disability payment is workers' compensation or another public disability payment, your and your family's Social Security benefits may be reduced.
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Q: I received a notice from Social Security saying it over paid me. Do I have to return the money? It was their error.
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A: No, if you appeal their decision and win the appeal or if the mistake was theirs and it would be a hardship for you to repay the amount, you can apply for and receive a waiver of the overpayment.
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Q: What if I'm not permanently disabled? Can I still receive SSI or DIB?
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A: If your disability will not last 12 months, then you are not eligible. If your disability does not prevent you from doing any kind of substantial gainful employment, then you are not eligible.
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Q: Who is an Administrative Law Judge and what does he or she do?
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A: An Administrative Law Judge is employed by the Social Security Administration to hold non-adversarial hearings on social security matters that have not been resolved through the agencies own process.
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Q: Will my DIB be reviewed? When? Could I loose my benefits?
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A: All DIBand SSI cases are periodically reviewed for medical improvement. The shortest time between reviews is 3 years the longest can be 10 years . If your medical records and examination show that there has been substantial medical improvement so that you could return to substantial gainful employment, your benefits will be stopped. If you disagree, you can appeal this decision, just as in the application process. If you file your appeal within ten (10) days and request continuation of benefits, your benefits can continue through the appeal process through the Administrative Law Judge hearing. But, if you lose your appeal you will be expected to repay the benefits.
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Q: Is there a list of diseases or illnesses that Social Security automatically covers?
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A: Social Security has a listing of impairments that if you meet ALL of the specifications and the condition prevents you from doing substantial gainful employment, you can be found eligible based on your condition.
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Q: Do I need to have an attorney to receive the benefits I'm entitled to?
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A: Depends. For your initial application, an attorney or non-attorney representative is most likely not necessary. If you are denied, you may want to seek representation to assist in presenting your case for your appeal. It would be highly recommended to have an attorney prepare for your hearing before the Administrative Law Judge or Appeals Council and would almost always be needed for a Federal Court Appeal.
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Q: I've not been able to work for over a year. If I apply for social security now, will they pay me for the year I wasn't able to work?
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A: SSI pays only from the date of application. DIB can pay for up to 12 months prior to the application but, in determining eligibility for DIB, the Administration does not pay for the first 5 full calendar months of the disability period.
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Q: My claim was turned down. Now what?
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A: You should appeal the decision. The instructions on how to appeal should be on the notice turning you down.
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Q: How much would I have to pay an attorney to help me get benefits? Is there a set amount or percentage?
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A: In the standard social security disability case, the attorney is entitled to 25% of the back pay up to a maximum, which right now $5,300.00. In an extraordinary case the attorney can file a fee petition to be awarded additional fees.
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Q: Social Security stopped my benefits, now what should I do?
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A: If you disagree with their decision, you can appeal and should do so. Also, within 10 days of receipt of your notice you should ask that your benefits be continued through the appeal process
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Q: Can I work and earn "any" income while on SSI or DIB?
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A: Substantial gainful employment is currently defined as engaging in work which earns you $850.00 or more gross income per month. If you have earnings that do not exceed that amount, you can earn the money. In some cases, however, earnings of as little as $300.00 may be considered as substantial gainful activity. Other factors may be considered.
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Q: What is a "trial work" period?
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A: A trial work period is an opportunity to try and go back to work to see if you can do it without jeopardizing your benefits. A trial work period lasts for 9 months and must be reported to SSA. These months do not necessarily have to be consecutive. If you are unable to maintain substantial gainful employment, your benefits will not be terminated because you tried to go back to work.
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Q: How long do I have to wait before benefits start?
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A: Benefits begin the month following the fifth full month of disability for DIB and the date of application for disability for SSI.
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Q: Can child support be taken from my DIB payment?
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A: Yes it can. But, if you have dependent children they may be entitled to a child’s benefit based on your benefit. You should have given the names, social security number, ages and address of all children when you applied. If you did not, you can add it later, it just delays their receipt of the benefits. You may want to consider hiring an attorney to seek a modification of your child support payments.
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Q: My condition has gotten worse. Can my monthly benefit amount be increased?
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A: No, the benefit is a set amount based on your earnings record and it is for full disability for DIB. For SSI, it is a set amount for all recipients and also cannot be increased.
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Q: Can a child receive disability benefits?
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A: Yes a child can receive SSI if they are disabled. There is a set of criteria for children.
