Social Security Disability Questions

The process for applying for Social Security benefits is designed to be as straightforward as possible. You have several options to choose from, each with its own set of benefits and drawbacks.

Apply Online

You can apply for Social Security benefits online by visiting www.ssa.gov. The online application process mirrors the forms you would fill out in person, so having all your records and information at hand will speed up the process and improve your chances of approval without needing a hearing.

If you’re applying for disability benefits, you’ll receive a Disability Starter Kit by mail before your scheduled appointment. You can also download the kit at www.socialsecurity.gov/disability.

Apply by Phone

Applying by phone is simple. Start by calling 1-800-772-1213, where a Social Security representative will collect basic information and schedule a telephone interview for you. The interview, conducted by a Claims Representative, usually lasts between 30 minutes and one hour and will cover all the necessary details for your application. Ensure you have all relevant documentation and medical records ready to provide a thorough application.

Apply In Person

Many people find it helpful to apply in person at their local SSA field office. To do this, call 1-800-772-1213 to schedule an appointment. After answering some preliminary questions, you will set a date to visit the office, where you’ll meet with a Claims Representative to start your claim. You’ll receive all necessary materials and information during this visit.

Information and Documents Needed

Regardless of how you apply—by phone, in person, or online—you will need to have the following information and documents available:

• Personal Information: Name, Social Security number, and date of birth.
• Previous Applications: Details on any prior Social Security or Medicare claims.
• Military Service: Dates of active military service, if applicable.
• Other Benefits: Information about any monthly benefits from federal U.S. agencies or foreign countries.
• Marriage Details: Dates, names, and locations of marriages.
• Children: Information about your children, including their dates of birth and Social Security numbers, if known.
• Workers’ Compensation: Eligibility for workers’ compensation or other disability benefits.
• Employment History: Details on employment and self-employment, including earnings for the past two years.
• Medical Information: Details of any illnesses or injuries affecting your ability to work, including medical records and provider information.
• Medications and Treatments: Information about medications, treatments, therapies, and lab test results.

Having this information organized and readily available will help facilitate a smoother application process.

Social Security Claim Evaluation Form

The Social Security Administration, through your state’s Disability Determination Services (DDS) office, will assess whether your condition meets the federal definition of “disability.” Here are the key questions that need to be answered:

1. Are you currently working?

You might still qualify for Social Security disability benefits even if you are working. However, there is a limit to how much you can earn each month while still being considered disabled. If your earnings exceed this threshold, you generally will not be considered disabled.

If you are not working or are earning below the threshold, DDS will proceed to evaluate your medical condition.

1. Is your medical condition classified as “severe”?

DDS will determine whether your condition significantly limits your ability to perform basic activities such as walking, sitting, moving, lifting, and remembering for at least 12 months. If your condition severely restricts these abilities and similar activities, it is likely to be considered “severe.” If not, it may be determined that you do not meet the severity criteria for disability.

1. Is your medical condition listed in the List of Impairments?

The List of Impairments includes medical conditions deemed so severe that anyone diagnosed with such conditions is automatically considered disabled by law. If your condition is not on the list but closely resembles one of the listed conditions with similar limitations, you may still be considered disabled. However, if your condition is not listed and does not closely resemble any listed conditions, it may not qualify as a disability.

1. Can you perform the same type of work you have done in the past?

DDS will evaluate whether your condition prevents you from performing the type of work you have previously performed. If you are unable to perform your past work due to your condition, you may be considered disabled.

1. Can you perform other types of work to earn income?

DDS will also consider whether you can do other types of work, despite being unable to complete the duties of your past job. Factors such as your diagnosis, physical limitations, age, education, and work history will be evaluated. If you are found to be able to perform other types of work, you will not be considered disabled.

Need Assistance?

If you have questions about applying for Social Security benefits or need help appealing a denial, please contact our office. We offer free consultations with no obligation. Call us on (702) 707-2222 for immediate assistance.

Social Security Disability Insurance (SSDI) Work Credit Requirements

Unlike Supplemental Security Income (SSI) benefits, which are need-based, Social Security Disability Insurance (SSDI) requires that you have accumulated enough work credits from past employment to qualify. Understanding these earnings requirements can be complex. If you’re uncertain about whether you meet the criteria or need clarification, please call us at (702) 707-2222, and we’ll be happy to assist you.

Here are the general guidelines for work credits needed based on your age when you became disabled:

• Disabled before 24: You need to have worked for at least 1.5 years out of the last 3 years before your disability began.
• Disabled between ages 24 and 30: You must have worked for at least half of the time between age 21 and when you became disabled. For example, if you became disabled 2 months before turning 29, you need to have worked (and paid into Social Security) for at least 4 years.
• Disabled after age 30: You need to have worked for at least 5 years out of the 10 years immediately preceding your disability.

Examples of Required Work Duration Based on Age

• Before age 28: 1.5 years of work
• Age 30: 2 years of work
• Age 34: 3 years of work
• Age 38: 4 years of work
• Age 42: 5 years of work
• Age 44: 5.5 years of work
• Age 46: 6 years of work
• Age 48: 6.5 years of work
• Age 50: 7 years of work
• Age 52: 7.5 years of work
• Age 54: 8 years of work
• Age 56: 8.5 years of work
• Age 58: 9 years of work
• Age 60: 9.5 years of work

Determining whether you have enough work credits to be eligible for SSDI can be challenging. For quick and easy answers to your Social Security questions, feel free to contact our office at (702) 707-2222 at no charge.

Social Security Benefit Payment Timeline

Once you are determined to be disabled or otherwise eligible for benefits, you should expect your first Social Security payment to arrive within one month. In other words, your benefits will always be a month behind.

If you’re wondering how long it will take to start receiving benefits while your claim is in the administrative or adjudicative process, be prepared for a lengthy wait.

The administrative process is not quick. After initially filing your claim, it can take up to three months to receive a decision on your eligibility. Most claims are denied at this stage, requiring you to file for reconsideration. This reconsideration process typically takes an additional three months. If your claim is denied again, you will need to request a hearing before an administrative law judge, which could be scheduled five to six months after your request. Even after the hearing, if benefits are granted, it may take several more months to begin receiving payments.

In practical terms, from the time of your initial application, it may take anywhere from eighteen months to several years to start receiving benefits.

If you believe you are disabled and unable to work, don’t delay. Contact a lawyer immediately to assist with your claim.

Social Security Benefit Statements and Payment Timeline

Since 1999, the Social Security Administration (SSA) has been sending annual benefit statements to workers aged 25 and older who are eligible for benefits. These statements detail the potential benefit amounts you could receive for retirement or disability, and outline benefits for your dependents in the event of your death.

Benefit Categories

Social Security benefits fall into five main categories, funded by contributions from both workers and employers:

1. Retirement
2. Disability
3. Family
4. Survivors
5. Medicare

As you work, you earn credits that contribute toward your eligibility for these benefits. The number of benefits you or your dependents receive is based on your actual earnings over time.

To estimate your benefits, the SSA offers an online benefits calculator. This tool provides estimates similar to those included in your annual benefit statement.

Social Security Claim Evaluation

Your Social Security disability benefits are based on your “average lifetime earnings.” Each year, the SSA sends an earnings statement that provides details about your earnings history and estimates your potential benefits if you become disabled. This statement also includes estimates of benefits for your surviving family members in the event of your death and for your spouse and children if you become disabled. It’s important to keep these statements for future reference.

When Will You Receive Benefits?

If you are approved for disability benefits or an administrative law judge rules in your favor, your benefits will start six months after your disability onset date. This means that benefits do not begin immediately from the date you became disabled but will start accruing six months afterward.

For instance, if you become disabled in January, apply for benefits in April, and are approved in December, your benefits will not be backdated to January. Instead, they will begin in June, marking six months from the onset of your disability.

Benefits are paid monthly, usually on the first of the month.

In practical terms, most claimants will receive their back pay within 60 days of their approval notice.

Due to the lengthy process of Social Security claims, back pay is almost always granted. The amount of back pay a claimant is eligible for depends on when their disability is deemed to have started and when they initially applied for benefits.

For SSI claims, back pay is calculated from the date of the initial application. For SSD claims, including Title II and RSDI, benefits start from the application date and may extend up to twelve months prior, based on the Established Onset Date (EOD). Note that there is a mandatory five-month waiting period that will impact the total back-pay received.

The EOD, determined by either an administrative law judge or Disability Determination Services, identifies the earliest possible date the claimant was disabled.

Losing a loved one can be both emotionally and financially devastating. Social Security offers support to the families of deceased workers who have contributed to the program.

Social Security not only provides insurance for disabled workers who can’t work but also offers a life insurance component for the dependents of deceased contributors. According to U.S. government sources, over 98% of children in the U.S. are covered by this insurance, making it the largest source of financial support for American children compared to any other program.

Who Is Eligible for Social Security Survivors’ Benefits?

Typically, immediate family members are eligible for benefits. This includes widowed spouses, children, dependent parents, and occasionally others.

• Unmarried children under 18 are eligible for benefits. If an unmarried child is 19 or younger and still in secondary school, they may continue to receive benefits. Children who were disabled before age 22 and remain disabled are also eligible.
• Dependent parents of the deceased worker who are 62 or older can qualify for benefits.
• Surviving spouses can receive full benefits until they turn 65, provided they were born before 1940. If the surviving spouse is disabled, benefits may begin as early as age 50.

How Much Are the Survivors’ Benefits?

The amount of survivors’ benefits is based on the deceased worker’s lifetime earnings and Social Security contributions. Higher earnings and contributions typically result in higher benefits for dependents. It’s useful to keep the annual Social Security benefits statement, which provides estimates for disability, retirement, and death benefits

If you are disabled but have never worked, or if you haven’t worked in a long time, you likely won’t qualify for traditional Social Security Disability Insurance (SSD) benefits. However, the U.S. government has a program specifically for situations like yours: Supplemental Security Income (SSI). You can find more details about SSI benefits in our Supplemental Security Income Benefits section.

In summary, if you are blind, elderly, or disabled with minimal or no income, you may qualify for SSI benefits.

The SSI program was established to assist those who cannot support themselves. Funded by the federal government, SSI serves as a safety net for Americans who are either physically unable to work or too old to support themselves, helping cover essential needs like food, shelter, and clothing. Both blind or disabled children and adults can be eligible for SSI.

How SSI Is Similar to Social Security

• Both programs provide monthly benefits.
• The medical criteria for disability are the same for individuals aged 18 and older in both programs. However, SSI has a different definition of disability for children from birth to age 18.
• The Social Security Administration (SSA) oversees both programs.

How SSI Differs from Social Security Benefits

• Many SSI recipients may also be eligible for Social Security benefits. In fact, applying for SSI is also an application for Social Security benefits.
• Unlike Social Security benefits, SSI is not based on your previous work or that of a family member.
• SSI is funded through general U.S. Treasury funds, including personal income taxes, corporation taxes, and other taxes, rather than Social Security taxes collected under FICA or SECA.
• In most states, SSI recipients are eligible for Medicaid, which covers hospital stays, doctor visits, prescription medications, and other health expenses.
• SSI recipients may also qualify for food stamps in every state except California. In some states, applying for SSI also serves as an application for food assistance.
• SSI benefits are paid on the first of each month.
• To qualify for SSI, you must be disabled, blind, or at least 65 years old with “limited” income and resources. Additionally:
  • You must be a U.S. resident.
  • You must not be absent from the country for more than 30 days.
  • You must be either a U.S. citizen, national, or meet specific criteria for eligible non-citizens.

Supplemental Security Income (SSI) is a needs-based program designed to assist individuals who are blind, elderly, or disabled and have little or no income. It provides financial support to help cover basic necessities such as food, shelter, and clothing.

Social Security Disability (SSD) Insurance is a federally managed program that offers income replacement benefits to individuals who cannot work due to a severe impairment, provided they have paid into their SSDI accounts through their work.

How SSI Is Similar to Social Security

• Both programs provide monthly benefits.
• The medical criteria for disability are the same for individuals aged 18 and older. SSI has a separate definition of disability for children from birth to age 18.
• Both programs are administered by the Social Security Administration (SSA).

How SSI Differs from Social Security Benefits

• Many SSI recipients may also qualify for Social Security benefits. Applying for SSI also serves as an application for Social Security benefits.
• Unlike Social Security benefits, SSI is not based on your previous work or the work of a family member.
• SSI is funded through general U.S. Treasury revenues, including personal income taxes, corporation taxes, and other taxes, rather than through Social Security taxes collected under the Federal Insurance Contributions Act (FICA) or the Self-Employment Contributions Act (SECA).
• In most states, SSI beneficiaries are eligible for Medicaid, which helps cover hospital stays, doctor visits, prescription medications, and other medical expenses.
• SSI recipients may also qualify for food stamps in all states except California. In some states, applying for SSI also serves as an application for food assistance.
• SSI benefits are paid on the first day of each month.
• To qualify for SSI, you must be disabled, blind, or at least 65 years old with limited income and resources. Additionally, you must:
  • Be a U.S. resident,
  • Not be absent from the country for more than 30 days,
  • Be either a U.S. citizen or national or fall into specific categories of eligible non-citizens.

After you apply for Social Security disability benefits, the Social Security Administration (SSA) will verify the details you provided in your application and interview. They will ensure you meet the basic eligibility requirements for benefits, including verifying your work history and current employment status. If you meet these criteria, your case will be forwarded to your local state field office for an evaluation of your disability.

Disability Determination Services (DDS)

Each state has an agency known as Disability Determination Services (DDS), which is responsible for assessing whether you are truly disabled. This agency, often referred to simply as DDS, will handle your case through a Claims Representative (CR). Medical specialists and doctors employed by the state DDS office will collect information about your condition from your healthcare providers. They will gather medical records from doctors, hospitals, labs, therapy clinics, and other treatment facilities.

DDS will need to determine:

1. The nature of your medical condition,
2. When your condition first started,
3. How your condition impacts your daily life and activities,
4. The results of your medical and lab tests, and
5. The treatments you have received.

DDS will also assess your ability to perform work-related tasks, such as walking, sitting, carrying, lifting, and following simple instructions. Your personal treating doctors will not be asked to provide an opinion on your disability status.

If additional information is needed or if your disability status remains unclear, the state may require you to attend a special examination. This exam might be conducted by your own doctor or by a specialist if necessary. The SSA will cover the cost of this examination and assist with travel expenses.

If you or a loved one has been denied Social Security disability benefits and you believe you are truly disabled, don’t lose hope. Our office is here to help. The Social Security Lawyers of Nevada are experienced and dedicated to winning your case. Call us toll-free at (702) 707-2222 for a confidential consultation at no charge.