Filing for Social Security Disability

Before You File for Social Security

Understanding Social Security Disability Claims

Each Social Security disability case is unique, with varying details that affect eligibility, the duration of the benefits process, and the final award amount. While there are numerous variables in qualifying for Social Security Disability (SSD), there are some consistent aspects of the process that you should be aware of before beginning your application.

Here are key facts about Social Security disability claims:

  1. Disability Status: Your eligibility is based on the severity of your impairment. You must have been disabled for at least a year or be expected to be disabled for at least a year, as verified by a doctor. The definition of disability also considers the possibility of your condition leading to death.
  2. Short-Term and Partial Disabilities: SSD does not cover short-term or partial disabilities. For such cases, workers’ compensation or medical insurance may be appropriate alternatives.
  3. Earnings and SSD: You can work and still receive SSD benefits if your earnings do not exceed the threshold for substantial gainful activity. If your pre-tax income is below this threshold, you may still qualify for benefits.
  4. Benefit Amount: The amount you receive from SSD is based on your lifetime contributions to the Social Security program, not your current income.
  5. Application Timeliness: The process for receiving SSD benefits can be lengthy, ranging from a few months to over a year, with many initial claims being denied. It’s important to have financial resources or savings to support yourself during this time.

If you need more information or have specific questions, feel free to reach out to us.

How to file for Social Security

Applying for Social Security Benefits

The process for applying for Social Security benefits is designed to be straightforward, offering several options, each with its own benefits and drawbacks.

Apply Online

You can apply for Social Security benefits online at www.ssa.gov. The online application closely mirrors the forms you would complete in person. To streamline your application and increase your chances of approval without needing a hearing, ensure you have all necessary documents and information ready. A Disability Starter Kit, which you can download from www.socialsecurity.gov/disability, will be sent to you before your scheduled appointment to prepare you for your first interview.

Apply by Telephone

Applying by phone is also a convenient option. Call 1-800-772-1213 to start. An SSA representative will collect basic information and schedule a telephone interview with a Claims Representative (CR), typically lasting 30 minutes to an hour. Be prepared with your documentation, medical records, and relevant information to ensure a thorough application process.

In-Person Application

For some, applying in person at a local SSA office is the preferred method. Call 1-800-772-1213 to schedule an appointment. During your visit, a Claims Representative will assist you in opening your file and starting your claim. You will receive all necessary materials and instructions to proceed with your case.

Required Information and Documents

Regardless of the application method, you will need to provide the following:

  • Personal details: name, Social Security number, and birth information.
  • Any previous Social Security or Medicare benefit applications.
  • Dates of active military service, if applicable.
  • Eligibility for any federal or foreign benefits.
  • Marriage details, including dates, names, and locations.
  • Information about your children (dates of birth, Social Security numbers if available).
  • Eligibility for workers’ compensation, disability benefits, or other benefits.
  • Employment history, including self-employment and earnings for the past two years.
  • Medical information: details of illnesses or injuries affecting your ability to work.
  • Medical records and provider details, including doctors, hospitals, and clinics.
  • Information on medications, treatments, therapies, and lab test results.
Gathering Medical Records

When applying for Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI), you will need to provide detailed medical history information during your application and interview. This requirement remains the same whether you are submitting an initial application or appealing a denial. While the Social Security Administration (SSA) will assist in obtaining medical records to process your claim, having a comprehensive medical history and treatment documentation significantly improves your chances of approval without needing a hearing.

Gathering your medical records, lab reports, and other relevant documents can greatly impact the processing speed of your initial claim and any subsequent appeals. Claims and appeals are often denied due to insufficient medical evidence supporting the disability claim.

Experience indicates that disability examiners are more likely to process claims efficiently when most or all required information is already provided. The SSA evaluates its disability examiners based on their efficiency in handling claims, so having a well-documented claim can expedite the process.

If Your Claim Is Denied

If your initial claim is denied, it’s beneficial to hire an experienced Social Security lawyer. An attorney can assist in gathering your medical records, evaluating the strengths and weaknesses of your claim, and aligning your case with legal requirements. Additionally, a qualified lawyer can help you effectively present your case before the administrative law judge at the Social Security hearing. A knowledgeable attorney will know how to build a strong case to support your claim.