Here are answers to frequent questions about Social Security disability. If your question isn't here, please call us free at (256) 799-0297.
Q. What are the basic requirements for SSDI benefits?
A. You are not able to work and have a medically determinable impairment which is expected to last for at least 12 consecutive months. There is no short term disability with Social Security. 12 months is the minimum duration.
Q. How long will it take to get benefits started?
A. The typical application process takes 3 to 4 months. Unfortunately, a lot of good claims are denied. If youare denied, the appeal can take up to 2 years.
Q. What if I haven't worked in recent years? Can I still get Social Security disability benefits?
A. It depends. For most people over age 40, the rule is that you must have worked a total of 5 years out of the last 10 years. If you haven't worked in the past 5 years, you may not have Social Security disability coverage. Call the Social Security office to find out.
Q. How much is an SSDI benefit?
A. It varies based on age, wage history, etc. The average American on disability receives about $1,150 per month. Your benefit may be more or less.
Q. I've heard that you need a lawyer to help you get SSDI. Is this true?
A. You certainly do not need a lawyer to apply for disability benefits. Unfortunately, however, up to 70 percent of applications are denied. This requires an appeal and a hearing with an administrative law judge. Most people choose to have representation when their case heads to a judge. I think being unrepresented is a mistake but there is no requirement that you have an attorney or representative.
Q. If I hire a representative to help me, how much will he/she charge?
A. There is no fee for representation unless you win your claim and also recover past due benefits. When this happens, your representative will be paid a small percentage of your back pay settlement. He or she will NOT be entitled on any part of your monthly benefits.
Q. I see a lot of late night TV ads about Social Security advocates. Should I hire one of these guys?
A. You are entitled to get a representative of your choice. I can see advantages to getting a local representative here in Huntsville. First, he or she will be familiar with the local administrative law judges and how they conduct their hearings. Second, you will get to meet your representative on day one--not months from now when your hearing takes place. Third, you may have more access to a local representative if you have questions, need extra help or need to drop paperwork off at the office.
Q. I am still working because I can't afford to quit. However, I'm not really able to work and my doctor agrees with me. May I file for disability while I'm still working and quit after I get approved?
A. No, that is not the way Social Security works. While that would make a lot of sense, a person who is still working at 'substantial gainful activity' (called SGA), will get a technical Step 1 denial by Social Security, no matter how severe their medical condition. Part-time work may be acceptable if you earn gross wages of less than $1,180 per month (2018 amount).
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Huntsville, AL 35806
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