Social Security Disability Insurance and SSI Claims
If you are under the age of 65 and no longer able to work due to a physical or mental disability, you and your dependents may be entitled to monthly Social Security benefits and medical benefits.
The attorneys and support staff at Laputka, Bayless, Ecker & Cohn have many years of experience in handling Social Security claims on behalf of disabled citizens and their families.
It’s important to retain an experienced disability lawyer who not only understands the law but also has experience dealing with medical professionals and getting the evidence Social Security will rely upon in deciding your claim. If you decide to retain our services, there is no fee unless we win your case and you are awarded benefits.
If you have questions regarding Social Security benefits or would like to receive a free evaluation of your claim, feel free to contact us. A disability lawyer will personally speak with you or read and respond to your e-mail.
About Social Security Disability Insurance and Supplemental Security Income Claims
The Social Security system provides benefits for the disabled under two separate programs:
- Social Security Disability Insurance (SSDI) and
- Supplemental Security Income (SSI)
Social Security Disability Insurance benefits are for workers who have paid the minimum amount of Social Security taxes and who have worked recently enough to be insured for these benefits. Supplemental Security Income benefits are for disabled individuals who are financially needy due to limited income and resources. In some cases you may be eligible for both SSDI and SSI benefits if your Social Security benefit amount is low.
Frequently Asked Questions
How does Social Security determine if I am disabled?
The Social Security Administration defines a disability as the inability to work in any regular, paying job for at least 12 months due to serious physical or mental health problems. In determining whether you are disabled, there are many factors that Social Security looks at, including the type and severity of your impairments, your age, your education, and your past work history.
How long must I be off from work before I can apply for Social Security Disability Insurance benefits?
You are permitted to apply for Social Security benefits as soon as you become disabled and are no longer able to work – if your disability is expected to last at least one year or result in death.
What if the Social Security Administration has already denied my claim?
Most people who successfully obtain benefits are denied at least once or more. Statistics show that almost 75 percent of applications are denied at the first level. Nationally, the majority of those who appeal their claims are ultimately awarded benefits. If a claim is denied, it can be appealed within 60 days. If that has expired, you may be able to file a new claim under certain circumstances.
I am receiving Workers’ Compensation benefits. Am I eligible for Social Security Disability benefits?
Yes. Your claim will be evaluated based on the same standards as anyone else. If your Social Security claim is approved, however, your workers’ compensation benefits may offset some of your Social Security benefits. There are many reasons to apply for Social Security disability even though you are receiving workers’ compensation. First, no Social Security taxes are deducted from workers’ compensation benefits. If you are approved for Social Security, the nonpayment of these taxes will not count against you in the future. Second, SSDI recipients are enrolled in Medicare after two years. Third, Social Security provides cost-of-living adjustments. Pennsylvania workers’ compensation does not. Also, Social Security payments can act as a “safety net” in the event your employer’s compensation carrier terminates or reduces your benefits.
How much money will I receive from Social Security?
Your monthly SSDI benefit is based upon the amount of Social Security taxes paid into the system over your lifetime. Usually, the monthly SSDI benefit is the same amount you would receive in Social Security retirement benefits at age 65. The amount of your SSI benefit is generally the same nationwide, although it can vary depending on the state in which you live.
How long can I collect Social Security benefits?
Social Security cash and medical benefits continue as long as your disability continues.
Can my dependent children collect Social Security Disability Insurance benefits?
If you are awarded SSDI benefits, your dependent children will be eligible for additional benefits. A disabled adult child may also be eligible for benefits on the account of his or her parent.
Can widows or widowers collect Social Security Disability Insurance benefits?
SSDI benefits may be available for disabled widows or widowers depending upon their age and the date of their spouse’s death.
Will I be entitled to health insurance benefits if my claim is approved?
If your SSDI claim is approved, the Social Security Administration will automatically enroll you in Medicare after a 24-month waiting period. A small premium is deducted from the beneficiary’s check.
Can I try to go back to work without losing my Social Security benefits?
People collecting SSDI are permitted to earn a certain amount of wages per month without affecting their benefits. You should always contact the Social Security Administration to report these earnings. In some cases, the Social Security Administration will allow a trial work period and still pay your full benefits. Other incentives are also available. Contact the Social Security Administration if you are thinking about returning to work.
How do I apply for Social Security Disability Insurance benefits?
You can file an application by visiting your local Social Security office or by telephone. The address and telephone number of your Social Security office can be found in your local phone book.
What information do I have to provide to the Social Security Administration?
You need to supply the Social Security Administration with an original or certified copy of your Social Security card, your birth or baptismal certificate, your driver’s license or a passport for identification purposes, and your last earnings documents (W-2, last pay stub, etc.). Be prepared to give the Social Security Administration a list of the names, addresses, and phone numbers of all doctors, hospitals, and clinics where you have been treated for your condition. You should also bring a list of where you have worked in the past 15 years.
Legal Representation
Do I need a lawyer to apply for Social Security Disability Insurance benefits?
The Social Security Administration does not require that you be represented. However, statistics show that claimants represented by attorneys are more likely to be successful than those who are not. It is to your advantage to consult an attorney about your claim as soon as possible, even if you’re not sure whether you have a claim or need an attorney.
How will a lawyer help me get approved for Social Security Disability benefits?
Depending upon the specifics of your claim, an attorney may perform some or all of the following services:
- Explain the laws and regulations governing your claim
- Explain the disability claim process
- Make sure you are claiming the maximum amount benefits allowed
- Ask that a prior application for benefits be reopened
- Help you file appeals if necessary
- Communicate with the Social Security Administration on your behalf
- Help you complete forms
- Review records within your Social Security file
- Contact your doctors to obtain medical records and/or special reports and forms
- Advise you how to best prepare yourself for the hearing
- Represent you at your Social Security Disability Insurance hearing
- Protect your rights by objecting to improper evidence and procedures
- Cross-examine adverse witnesses at your hearing
- Make sure you receive the correct amount of benefits if you win
- File an appeal from an adverse hearing decision
How will my lawyer get paid for helping me with my claim?
If you decide to retain our services, there is no fee unless we win your case and you are awarded benefits. Usually, we will handle your claim on a contingent fee of 25 percent of past-due benefits or $5,300, whichever is less. The only additional charge will be for out-of-pocket expenses – usually the cost of getting medical records and/or reports from your doctors. All fees are approved by the Social Security Administration in accordance with federal law. In SSI cases, it is your responsibility to see that we are paid from the lump sum check you receive.