FAQs

What does "disability" mean?

The Social Security Administration has strict requirements for eligibility. Benefits are paid to people with a physical or mental disability, or a combination of both, that is severe enough to keep them from working for at least 12 months.

Who pays benefits?

The government’s disability benefits come mainly from two sources: the Social Security Disability Insurance program and the Supplemental Security Income program. Sometimes, a disabled worker also can collect from worker’s compensation insurance. In the event that an injured worker receives workers’ compensation benefits, the amount Social Security pays may be reduced. Social Security does not pay short-term or partial disability benefits.

How is eligibility determined?

If your disability is catastrophic–you have terminal cancer, you are on a waiting list for a heart transplant, or you have lost the use of both legs, for example–the Social Security administration will consider you eligible for benefits. If your disability is not as clear cut, your application could be more complicated.

What if I have more than one condition?

If you have more than one health problem, the Social Security Administration is supposed to consider the combined effects of all your impairments in determining eligibility.

How is the decision made?

Your claim is sent to a Social Security Disability claims examiner to determine eligibility. If the claim is denied–and about 60% are on the first time through the system–you may request reconsideration. If the second examiner denies the claim, you may request a hearing before a federal administrative law judge.

What about benefits for a disabled child?

If you have a disabled child under the age of 18 and your family meets federal income requirements, the child could qualify for Supplemental Security Income. A child may also be entitled to disability benefits on the earnings record of a parent if that parent is deceased or disabled and the child became disabled before age 22.

Do I need a lawyer?

The federal government does not require applicants to have legal representation, but it’s still a good idea. The Social Security Administration says that claimants who have attorneys have a better chance of a successful result. The Disability Associates legal team has more than 25 years of combined experience handling disability cases. We can help you from the beginning of the process to the end. If you’ve tried on your own, and your application has been denied, we can file your appeal.

How do disability attorneys get paid?

Most of the time, attorneys’ fees are one-quarter of back benefits for a successful claim. If the claim is denied, the attorney receives no fee. In any case, the fee will not affect your monthly benefit, and it cannot exceed $6000.