Under the Social Security Act, “disability” means “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months.”

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There are five major types of Social Security disability benefits. Social Security Disability Insurance Benefits (SSDI) is the most important type of Social Security disability benefits. It goes to individuals who have worked in recent years (five out of the last 10 years in most cases) who are now disabled. Disabled Widows and Widowers Benefits are paid to individuals who are at least 50 and become disabled within a certain amount of time after the death of their husband or wife. The late husband or wife must have worked enough under Social Security to be insured. Disabled Adult Child Benefits go to the children of persons who are deceased or who are drawing Social Security disability or retirement benefits. The child must have become disabled before age 22. For Disability Insurance Benefits, Disabled Widow’s or Widower’s Benefits and Disabled Adult Child benefits, it does not matter whether the disabled individual is rich or poor. Benefits are paid based upon a Social Security earnings record. Supplemental Security Income (SSI) benefits, however, are paid to individuals who have a low household income and who are disabled. It does not matter for SSI whether an individual has worked in the past or not. SSI child’s disability benefits are a variety of SSI benefits paid to children under the age of 18 who are disabled. Disability is defined differently for children.

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NOT EVEN ONE DAY! Many people believe that you have to wait at least a year before applying for Social Security disability benefits once they have become disabled. This is not true. In fact, you can apply for your disability benefits with the Social Security Administration as soon as you stop work due to illness. Many people make the mistake of waiting months or even years after becoming disabled before filing a Social Security disability claim.

Hiring a social security disability lawyer, such as one of the experienced lawyers at Hall & Rouse, can help you from the very beginning of the process. We even will file your initial disability application for you, so that you can focus on your health and well being. Our lawyers are ready to begin working with you today, and remember, we don’t get paid unless we help you get paid! Give us a call today at 1-866-425-5347 to get started right away!

You do not have to wait until the sick leave is exhausted. You can file for Social Security disability benefits now if you believe that you will be out of work for a year or more. Even active-duty military personnel can file a claim for Social Security disability benefits if they have discontinued their regular duties due to illness.

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Absolutely not. If you have worked in recent years, or if you are applying for Disabled Widow’s or Widower’s benefits or Disabled Adult Child benefits, it does not matter how much money you have in the bank.

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Possibly. If you have worked five out of the ten years under Social Security before becoming disabled, you will have enough earnings in to potentially qualify for Social Security disability benefits. If you are 31 or younger, the requirements are a little different, since you have not had such a long time to work. Also, you may qualify for Supplemental Security Income (SSI), even if you have never worked, depending on your household income.

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You do not have to wait until the worker’s compensation ends. You can file a claim for Social Security disability benefits while receiving worker’s compensation benefits. It is best to file the Social Security disability claim as soon as possible. If you don’t file the claim as soon as possible, there may be a gap between the time the worker’s compensation ends and the Social Security disability benefits begin.

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Yes. In most states, including North Carolina, Social Security disability benefits are offset, or reduced, because of workers’ compensation benefits paid. In almost all cases, there are still some Social Security disability benefits to be paid even if you are receiving workers’ compensation benefits. As important as workers’ compensation is, Social Security disability is more important because, unlike workers’ compensation, Social Security disability can last for the rest of your life.

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Unless your disability is catastrophic (such as terminal cancer, a heart condition so bad that you are on a heart transplant waiting list, etc.), there is no way for you to tell in advance whether you will be found disabled by Social Security. In the end, you should not make the decision of whether to apply for Social Security disability based upon your guess about whether Social Security will find you disabled. You should make the decision about whether to file for Social Security disability based upon you feel. If you feel that you are disabled and will not be able to return to work in the near future, you should file for Social Security disability benefits. If denied, we will discuss your chances of success on appeal.

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In almost every case, no matter what the disease is, the answer is the same — “Maybe. It just depends upon how badly you are affected by the disease.” One example might be cancer. The word “cancer” is scary, but there are many cancers that can be treated and cured quickly, with little or no lasting damage. On the other hand, there are cancers that cause great suffering and even death. The question considered by the SSA in each case is, “How sick is this particular individual with cancer and how long is this person going to remain sick?” Skin diseases are another example. Most skin diseases, while annoying, are not disabling. On the other hand, there are some uncommon skin problems which are clearly disabling. Almost without exception, the mere fact that you have a disease with a certain name does not guarantee that you either will or will not be found disabled. It all depends upon your particular condition and degree of illness.

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Social Security is supposed to gather your medical records and carefully consider all of your health problems, as well as your age, education, and work experience. In general, Social Security is supposed to decide whether you are able to do your past work. If Social Security decides that you are unable to do your past work, they are supposed to consider whether there is any other work that you can do, considering your health problems and your age, education, and work experience.

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If you expect to be out of work for a year or more due to your medical condition, or even if you are just not sure if you will be out of work that long, you should file a claim for Social Security disability benefits. Cases take so long that it is best to start the claim as early as possible. We can help you determine your eligibility.

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Social Security is supposed to consider all of your health problems when making a decision. In fact, most claimants for Social Security disability benefits have more than one health problem. Each individual health problem must be considered, as well as the combined effect of all of the health problems.

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No. You have to have been disabled for at least a year or be expected to be disabled for at least a year or have a condition that can be expected to result in death within a year in order to qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). You do not have to wait until it has been a year. You can apply and be approved if it looks like you will be disabled for at least a year.

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A claimant’s chances of winning at the initial level of review are only about 35%. Claimants who ask for and get a hearing on their Social Security disability claim win over 60% of the time. We understand that it can be a confusing process, and we are happy to answer any of your questions.

While it certainly helps your chances of winning if your doctor agrees that you are disabled, it is not essential. Many claimants win even though they have no doctor or their doctor hasn’t given an opinion about disability. Some claimants do win even when their doctors say they are not disabled.

No, Social Security denies many disability claims even when a doctor says the claimant is disabled. Many of these cases can be won through appeal.

It’s rare for a Social Security employee to mislead someone deliberately, but you should not rely upon everything they tell you at Social Security. Questions about Social Security are often difficult to answer. Claimants make it tougher for Social Security because they do not know how to ask questions to get an accurate answer. Social Security has cut its workforce dramatically in recent years. The remaining employees are overworked and, as a result, often make mistakes. The problems are most severe with Social Security’s 800 number service. The 800 number calls do not go to your local Social Security office, but to giant teleservice centers, whose employees are often poorly trained. Social Security’s own studies show that if you ask a complex question over the 800 line your chance of getting an accurate answer is about one in two.

Usually, cash benefits and Medicare and Medicaid continue for a considerable period of time after a disabled person goes back to work. Ask us if you have specific questions about your case. The rules really encourage a claimant who wants to return to work.

No. Go ahead and file the claim. Social Security will tell you if they need anything from you. A lot of people waste a lot of time and energy trying to get records that Social Security isn’t even interested in. Don’t delay – go ahead and file to get your claim started.

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After you file a Social Security Disability claim, your case is sent to a disability examiner at the Disability Determination Service office in your state. The disability examiner, usually working with a doctor, makes the initial decision on your case. If your claim is denied and you request reconsideration, your case is sent to another disability examiner at the Disability Determination Service office, where it goes through much of the same process. If your claim is denied at reconsideration, you may request a hearing. At this point, your case is sent to an Administrative Law Judge who works for Social Security. The Administrative Law Judge holds a hearing and makes an independent decision upon your claim. This is the only level at which you and the person making decisions get to see each other.

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Yes, but if you do much work, you will be denied automatically because of the work. If you are no longer able to work full time and are only able to work part-time, go ahead, and file a claim for Social Security disability benefits. Social Security will decide whether you are working too much to get disability benefits.

We are ready to help you through the system. If you have any questions at all about this topic or other questions about the Social Security disability process, don’t hesitate to contact us. You can contact us today for your FREE Case Evaluation by calling us toll-free at 1-866-425-5347 or by filling out the FREE Case Review form to your right. We look forward to hearing from you!

Social Security Disability Insurance Benefits cannot begin until five full months have passed after you became disabled; however, you do not want to wait until five full months of disability have passed before filing for your claim. Some additional information that you might be interested in is that benefits cannot be paid more than one year prior to the date of your initial claim. Supplemental Security Income (SSI) benefits cannot be paid until the beginning of the month after the month in which you file your claim.

We understand that this information can oftentimes be confusing and difficult to sort out. Feel free to contact us with any questions you have, and we will be happy to help you. You can contact us today for your FREE Case Review by calling us at 919-791-1883 or toll-free at 1-866-425-5347. If you would prefer, you can fill out the FREE Case Review form to your right, and we will get back with you as soon as possible. We look forward to hearing from you!

Social Security has to consider age because that is what the Social Security Act requires. As people get older, they become less adaptable, less able to switch to different jobs to cope with health problems. A severe foot injury which might cause a 30- year- old to switch to a job in which he or she can sit down most of the time, might disable a 60-year-old person who could not make the adjustment to a different type of work.