7027 Old Madison Pike
Huntsville, AL 35806
(256) 799-0297
Q. How old must you be to apply for Social Security disability?
A. Anyone under full retirement age can apply for SSDI benefits. At full retirement age (66 for most people) you already qualify for Social Security retirement benefits and being disabled will not increase your benefits.
Q. What medical conditions qualify for SSDI benefits?
A. Any medical condition which is severe enough to make you unable to work can qualify for benefits.
Q. Do I have to be off work 12 months before I apply for disability?
A. No, you may apply as soon as you become unable to work. The so-called Duration Rule says that Social Security only pays for disability that has lasted or is expected to last for 12 consecutive months. It does not pay for short-term disability. However, do not wait 12 months to apply unless you are reasonably certain that your condition will improve within 12 months and allow you to return to work.
Q. What is the 5-month waiting period all about?
A. Stated simply, Social Security will not pay for the first 5 full months of disability. Example: You become disabled March 9th. You would lose April - August to the waiting period. Your first month eligible for a payment would be September. (SSI has different rules).
Q. Is it true that most disability applications are denied on the first try?
A. Yes, unfortunately about 70 percent are denied. However, many of these will be approved during the appeal process. If denied, you must appeal within 60 days or lose your right to appeal.
Q. Is an appeal the same thing as filing a new application?
A. No, not the same thing at all. An appeal keeps your old or original claim alive and sends it up the chain of command for a higher level of review. It will also preserve potential back pay which might be lost by filing a new application. In most cases, it is best to file an appeal--not a new application. An attorney or disability advocate can give you better advice based on your personal circumstances.
Q. How much will my disability check be, if I am approved?
A. Checks vary by individual, based on your age, how long you have worked and your past wages on which you paid FICA (Social Security) taxes. In 2018, the average disabled worker gets about $1170 per month. The maximum benefit is $2788 per month.
Q. I have some money saved and my spouse has a good job. Will this income and savings prevent me from getting Social Security disability?
A. No. Social Security disability under Title II is not means tested. This means that there are no financial or household income restrictions. The amount of savings you have is not considered, neither is a spouse's income or other household income. (SSI is a separate program altogether with different rules).
Q. What are basic requirements to qualify for SSDI (Title 2) benefits?
A. Here is an over-simplified list of requirements:
- You are not now working at a full-time job.
- You have enough past work credits to be covered.
- You have a severe, medically determinable impairment that prevents you from working.
- This impairment has lasted or is expected to last for at least 12 consecutive months OR to end in death; and
- You have medical evidence to prove your impairment and its severity.
Q. Why is it easier to get disability benefits if you are age 50 or over?
A. Because of the Medical-Vocational Guidelines, also called Grid Rules. These rules combine several factors that make it easier for persons age 50 and over to be approved. Essentially, Social Security recognizes that the older an individual is, the more difficult it will be for them to adjust to different work or more difficult work. But remember, young individuals CAN be approved.
Q. Does it take a long time to get a decision on a disability claim?
A. It takes 90 to 120 days to get the initial decision. If the first decision is a denial and the claim goes to appeal, it will take from one to two additional years to get a hearing. Some disabled veterans and some non-veterans with dire need may get a faster decision. But generally the process is not fast.
Q. Will I get Medicare health insurance when my disability claim is approved?
A. Under Title 2 claims, you will become eligible for Medicare 29 months after the established date of your disability (or at age 65 if that is sooner). This is 29 months from the date you first became disabled, NOT the date Social Security finally gave you a decision. Of course, if your 65th birthday occurs earlier, you will qualify for Medicare based on your age.
Q. What's my first step?
A. You can file a disability application online at www.socialsecurity.gov or by going to any Social Security office. You may want to speak to a disability attorney or non-attorney advocate about the process and your chances before applying. My office will provide a free consultation and case evaluation. If we agree to represent you, we will file your applications for you and handle the claim, including any appeals. You pay a fee only if you win and recover back pay.
THE FORSYTHE FIRM
Social Security Disability Counselors
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
PH (256) 799-0297
GET DISABILITY REPRESENTATION
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