 FAQ - SOCIAL SECURITY
1. What can I do to prepare for my Hearing?
a. Keep a diary. For a few weeks before the hearing, keep a diary that details everything you do from the time you get up in the morning until you go to bed at night. Record how well you sleep and how many times you wake up during the night. Write out a description of your pain. Describe in detail how you feel at various times during the day. Keep track of the things you do during the day to accommodate your disability such as naps, rest periods, what you do to relieve pain or discomfort, and requests for assistance from relatives and friends. Note all medications taken.
b. Make a list of things you used to do but can no longer do. If you think about it for a few minutes, you will realize that there is a long list of hobbies, sports, or spare time activities you used to do but no longer are able to do because of your disability.
c. Make a list of medications. Judges will request that you bring to the hearing a list of medications you are currently taking. Even if the judge does not request such a list, you should prepare one. Include on the list each medical condition being treated by each medication you are taking, the name of the prescribing doctor, the size of the dosage you take, how often you take the medicine, and a description of any side effects.
d. Write out a description of your job duties on your former jobs. Writing out your job duties helps organize your description of your former jobs. The Administrative Law Judge must know just what your former jobs require in order to determine why, with your disability, you no longer can do them.
e. Meet with your attorney. The most important meeting with your attorney is the meeting where you will review your testimony. You should bring your diary, your lists, your job descriptions and any completed forms, which the judge sent to you to bring to the hearing.
2. What if my medical condition causes me problems during the Hearing?
Don't be embarrassed. The judges are used to and will accommodate any problems, which may arise. If you are uncomfortable sitting, you will be allowed to stand or shift positions frequently. If you need to take a break during the hearing, all you need to do is ask.
3. What will I testify about at the Hearing?
The purpose of your testimony at the hearing is to supplement and corroborate the medical records and reports, which are a part of your hearing file. Although adequate medical evidence forms the foundation of a successful case, your testimony is important to show how your medical condition limits your ability to do jobs available in the national economy in light of your age, education, training, and work experience. You will be asked questions on the following subjects:
a. Medical condition.
b. Medical History.
c. Physical Abilities.
d. Mental Abilities.
e. Education and Training.
f. Work Experience.
g. Daily Activities.
In order to make the best impression at your hearing before the Judge, you should have an experienced attorney prepare you so that you can provide the best possible testimony in accordance with the facts of your case. Remember that this is your day in court. Do not waste this opportunity by being unprepared!
4. Why should I apply for benefits?
Entitlement to Social Security Disability allows you to receive monthly disability benefit checks for you and your family. In most cases, you will also receive a large lump sum payment for back benefits owed to you.
You become eligible for Medicare after two years of entitlement to disability benefits.
Your Social Security Retirement and Survivor's benefits are protected because any year within a period of approved disability will be excluded when your benefit payment is calculated.
Even if you are getting Workers' Compensation and/or long-term disability (LTD) benefits, your total present income may increase and you may be entitled to hundreds or thousands of dollars in back benefits.
Even though many group LTD policies offset other disability benefits, most policies do not offset Social Security's annual cost of living increases. In addition, some policies only offset your individual benefits and not your family's, and many policies have a minimum benefit payment that is not offset.
Your Social Security payments may be tax free depending on your other income, whereas, many times, your LTD benefits are taxable income.
5. Who is eligible for Social Security Benefits?
If you work long enough at a job that is covered under the provisions of the Social Security Act, and become disabled, you are probably eligible for disability benefits.
According to the Social Security Administration, a "Disability" can be physical, or emotional, or some combination of both. In order to recieve benefits, you must have a disability severe enough to keep you from working in any regular paying job for at least 12 consecutive months.
The test for eligibility is not whether you can go back to a job you've lost. Nor is it whether you've been able to find a job recently. The test is whether you are physically and emotionally capable of doing a job that is generally available in the every day work place.
Furthermore, to obtain Social Security Disability benefits, you must have a doctor state that you are disabled "by medically acceptable clinical and laboratory findings". Unfortunately, many genuinely disabling conditions are difficult to diagnose by objective testing. In cases like that, it is up to your legal representative to present your doctor's reports properly, and to convince the government that you deserve your benefits.
6. If I am awarded Social Security Disability and/or SSI, how much money will I receive?
That's determined by how much money you made when you worked.
7. If I become disabled, how long do I have to wait to apply for Social Security Disability and/or SSI?
If your disability is expected to last for at least a year or has already lasted for close to a year, you should apply for your Social Security Disability Benefits immediately. Many people make the mistake of waiting months and some even years after becoming disabled before filing a their Social Security Disability claim.
8. Does Social Security distinguish between mental and physical limitations?
Many LTD policies limit benefits to 24 months or less, if your disability is due to mental health problems. Social Security, however, does not distinguish between mental and physical limitations.
9. Can I work at all and receive Social Security Disability Benefits?
You may be allowed to work, but only at a much-reduced schedule.
10. Can I receive disability if I am able to work in the future?
Yes, if you are not able to work for at least 12 consecutive months or more.
11. Is my age taken into consideration in determining whether I am disabled?
Yes, there are separate rules for different ages.
12. Is my education taken into consideration in determining whether I am disabled?
Yes, there are separate rules for different levels of education.
13. Is my past work taken into consideration in determining whether I am disabled?
Yes, there are separate rules about different work experiences.
14. Are my physical limitations taken into consideration in determining whether I am disabled?
Yes, there are separate rules for different levels of physical limitations.
15. Are my mental limitations taken into consideration in determining whether I am disabled?
Yes, there are separate rules for different levels of mental limitations.
16. What about my family? Are they entitled to Social Security Disability Benefits?
Generally dependent children under 18, and those who still attend high school are entitled to Social Security Disability Benefits.
17. I have been awarded Social Security Disability Benefits, but I can't live on the amount I get from the Social Security Disability and/or SSI benefits. Can I get more money from Social Security Disability benefits?
Possibly, if your monthly rate is below the federal poverty line.
18. How long will my Social Security Disability Benefits be paid to me?
Until you are no longer disabled or you return to work.
19. I'm presently collecting early retirement. Does being disabled entitle me to collect differential Social Security Benefits and/or SSI?
Yes, if it is proved that your disability began before you "elected" to retire.
20. Can I receive Workers' Compensation and Social Security Disability Benefits?
Yes, with a reduction of your Social Security Disability Benefits. If you receive Workman's Compensation benefits, that will be calculated into your claim. It also depends on the state in which you live in.
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