Applying for Social Security Disability

If you’ve sustained a crippling injury or developed a medical condition that prevents you from working, applying for Social Security disability benefits is essential for any physical or mental impairment expected to last a year or longer. It generally takes three to five months for Social Security to render a decision on a claim, so you should apply as soon as your doctor has confirmed the estimated duration of your disability.

This article will help you determine your eligibility and outline the steps you’ll need to take when applying for Social Security disability benefits.

Am I Eligible to Receive Social Security Disability Benefits?
The Social Security Administration has a very strict definition of what qualifies as a disability, so even if your doctor attests to the severity and duration of your condition, it’s still possible for your claim to be denied. Benefits are not available to individuals with short-term or partial disabilities. You may apply for benefits if:

• You have a medical or mental disability prevents you from doing any substantial work, and
• Your condition has lasted or is expected to last for a year or more, or is likely to result in death

You must also meet two earnings requirements, as you need to have paid money into Social Security to be able to collect benefits. The first requirement is based on the recency of your work. You must have worked for at least half of the past three to 10 years, depending on your age. The second requirement is based on the duration of your employment, regardless of when you worked. It ranges from 1.5 years of work for an individual who became disabled before age 28 and 9.5 years of work for someone who became disabled at age 60.

If your condition fulfills the basic definition of a disability as outlined above and you meet the minimum earnings requirements, you should apply for Social Security disability benefits immediately.

What Steps Are Involved in Applying for Social Security Disability Benefits?
The first step is to apply online at www.socialsecurity.gov or call 800-772-1213 to make an appointment to file your claim. (Individuals who are deaf or hard of hearing can access a TTY number at 800-325-0778.) The next step is to complete a Disability Report, which can be submitted online, over the phone or in person at your local Social Security office.

You’ll need to provide the following information:

• Social Security Number(s) for yourself, your spouse and any minor children
• An original or certified copy of your birth or baptism certificate
• Proof of U.S. citizenship or legal residency if you were born outside the country
• An original or certified copy of your Form DD 214 discharge papers if you served in the U.S. Military
• Your checking and/or savings account number(s)
• Medical information:
• Names, phone numbers and addresses of all hospitals, clinics, doctors and caseworkers who provided care in relation to your disability
• Dates of all related medical visits
• Your patient identification number(s)
• Name(s) and dosage(s) of any medicines you are taking
• Copies of your medical records and lab test results
• Details regarding your disability and how it affects your ability to work
• Work and income details:
• An overview of your work history (employer names, dates and type of work) for the 15 years preceding your disability
• A copy of your most recent W-2 tax form, or a copy of your last federal income tax return if self-employed
• Workers’ compensation information (if applicable), including your claim number, the date of your injury and proof of payment amounts

If you apply in person at your local Social Security office or over the phone, you should allow at least one hour for your interview. Once all forms have been completed and the necessary documentation is submitted, your claim will be reviewed.

How Long Will It Take to Obtain a Decision and Start Receiving Disability Benefits?
It usually takes three to five months for a decision to be returned. You can minimize the processing and review time by completing your required paperwork in its entirety and collecting all required information in advance of your interview.

Be aware that there is a five-month waiting period in effect before you can receive Social Security disability benefits. This measure ensures that benefits are only paid to those who have a legitimate long-term disability. If your claim is approved, you will begin receiving benefits the sixth full month following the date of your disability. You will not receive any benefits for the first five months of your disability.

Because the process can take many months, you should not delay in applying for Social Security disability benefits. The sooner you act, the shorter your wait.

Who Makes the Decision Regarding My Disability Claim?
The Social Security Administration will conduct a preliminary review of your application and supporting documentation. If you are deemed eligible to receive disability benefits, your application will be forwarded to your state’s Disability Determination Services office.

The state agency has a team of specialists that will review your case and contact your healthcare providers regarding your condition. If additional evidence of your disbility is required, you may be asked to undergo a special examination, which will be paid for by Social Security.

The agency’s approval or denial of your claim is based on five factors:

• Work Status – If you are currently working or able to work, the agency will usually determine that you are not disabled. If you are not working or earning a minimal income, your medical condition will then be evaluated.
• Severity of Disability – If you are unable to conduct certain job-related activities – such as sitting, walking or remembering – for a period of one or more years, your disability may be classified as severe. If the agency does not deem your condition severe enough to affect normal work-related activity, you will not be considered disabled.
• Inclusion of Condition on List of Impairments – The state agency will refer to a standard Listing of Impairments when evaluating disabilities. If your condition is included on that list, it generally means that you meet the legal definition of “disabled.” If your disability is not included but is judged by the agency to be of equal severity as a listed impairment, you may be considered disabled. If your condition is not included and not considered as severe as the listed impairments, your claim will likely be denied.
• Ability to Resume Previous Work – Next, the agency will assess whether your condition will allow you to do the same type of work you were employed in prior to your disability. If you are deemed capable of doing the same work, you will not be considered disabled. If not, you will be evaluated against one final criterion.
• Ability to Do Other Types of Work – If you can’t resume your previous line of work, the state agency will analyze your age, medical condition, education, skills and work experience to determine if you are capable of doing any other kind of work. If you can do other work, you will not be considered disabled. If you are not fit for any other employment, you will be classified as disabled.

If all five conditions are met, you may begin receiving Social Security disability benefits upon the sixth month following your disability. If any of the conditions are not met, your claim will most likely be denied.

What Can I Do if My Claim Is Denied?
If you don’t agree with the decision regarding your claim, you may file an appeal. You must submit your request in writing no more than 60 days from the date you received the decision letter.

You have recourse to several levels of appeals, beginning with reconsideration of your claim. You can subsequently escalate your appeal to a hearing by an administrative law judge, a review by the Social Security Appeals Council and ultimately a lawsuit filed in a federal court.

While Social Security will provide free help and guidance with appeals, applicants may hire an attorney or other representative at any stage in the process. However, your representative may not charge or collect payment from you without first obtaining written consent from Social Security.

If My Claim Is Approved, How Are My Benefits Determined?
The amount of your monthly disability payment is based on your past earnings. You can find estimated disability payment amounts on the Social Security Statement that is mailed annually to all workers.

Will Other Disability Payments Reduce My Social Security Benefits?
If you receive payments through worker’s compensation or other public disability programs, you can still apply for Social Security benefits; however, those other payments may reduce the amount of your benefits. If you have a disability protection policy from a private company, that insurance will not affect your eligibility or your benefit payments.

Where Can I Find More Information?
Whether you’re interested in applying for Social Security disability benefits or have questions about an existing claim or appeal, you can obtain a wealth of free information from www.socialsecurity.gov or by calling 800-772-1213.