What types of Social Security benefits can I apply for?
There are two types of Social Security Benefits:
1. Social Security Disability (SSD): To be eligible for this program, you must be a disabled adult and have paid enough credits into the Social Security system through paychecks you have earned. This program is NOT based on financial need; therefore there are no asset or income limits. If Social Security determines you are entitled to SSD benefits, you will be entitled to Medicare coverage starting 24 months after the date Social Security determines your conditions began. While you are waiting to a decision regarding your application for SSD benefits, you may apply for Medicaid/MassHealth coverage on your own.
2. Supplemental Security Income (SSI): To be eligible for this program, you must be a disabled adult or child with less than $710 per month income and have limited assets. If Social Security determines you are entitled to SSI benefits, you will automatically be awarded Medicaid/Masshealth coverage but not Medicare.
How does Social Security determine if I am disabled?
You must prove that you are unable to work any job due to your physical and/or mental impairments. Your impairments must be expected to last more than 12 months or result in death. Social Security uses your medical records to determine your diagnosed physical and/or mental impairments. Therefore, your should discuss your SSD/SSI application and inability to work with your doctors. Also, you should make sure to continue to receive medical treatment for all of your medical conditions so that Social Security has medical records to review when making a determination on your application for benefits.
How to I apply for Social Security benefits?
There are multiple stages to applying for SSD/SSI benefits:
1. Initial Application: You must file an initial application online at www.ssa.gov or at your local Social Security office. It will take Social Security approximately 120 days to accept or deny your application at this stage.
2. Request for Reconsideration: If your initial application is denied, you have 60 days from the date you are denied to request a reconsideration of your application. It will take Social Security approximately 120 days to have a new team review your initial application and accept or deny you at this stage.
3. Request for Hearing: If your request for reconsideration is denied, you have 60 days from the date you are denied to request a hearing before a judge. It is currently taking Social Security approximately 12 months to schedule a hearing once you request it.
4. Appeals Council Review: If the judge finds that you are not entitled to benefits, you have 60 days from the date you are denied to request the Social Security Appeals Council review the judge's decision. It takes approximately 15 months from the date you request an Appeals Council review for the Council to determine if the judge made an error which entitles you to another hearing.
5. Federal Court: If the Appeals Council denies you at the review stage, you may file an appeal in Federal Court.
What type of benefits will I receive if my application is accepted?
If at any time, Social Security deems you eligible for SSD or SSI, you will be entitled to two types of benefits:
1. You will begin receiving a monthly check for benefits going forward from the date you are granted benefits; and
2. You will receive a lump sum payment for retroactive benefits from the date Social Security finds your disability began to the date you are granted benefits. Retroactive benefits can be a large amount of money, especially if it takes Social Security a long time to find you eligible for benefits.
Do I need any attorney to help me apply for Social Security benefits?
No. An attorney is not required to apply for SSD/SSI benefits, as most of the necessary forms and instructions are online at www.ssa.gov. However, some individuals find that having an attorney helps take the burden of filling out forms, requesting medical records and preparing for a hearing off of their shoulders.
If I hire an attorney, do I have to pay up front?
No. Social Security only allows attorneys to collect a fee if you are successful in your application for benefits. It at any stage you are granted benefits, your attorney will automatically be paid 25% or $6,000 (whichever is less) of any retroactive benefits you are awarded.
What if I have other questions?
You may contact me at nle@dennerpellegrino.com or at 413-746-4400 with any questions about Social Security benefits.
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