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1. I am disabled, but I have lots of money in the bank. Do I have to wait until this money is gone before I can apply for Social Security disability benefits? No. If you have worked in recent years or if you are applying for Disabled Widow's or Widower's benefits or Disabled Adult Child benefits, it does not matter how much money you have in the bank. There is no reason to wait to file the claim. 2. I am still on sick leave from my employer. Can I file for Social Security disability now or do I have to wait until the sick leave is exhausted? No, you do not have to wait until the sick leave is exhausted. You should file for Social Security disability benefits now, if you believe that you will be out of work for a year or more. 3. I got hurt in an automobile accident. I am disabled now, but I expect that I will be able to return to work after I recover. Should I file for Social Security disability benefits? If you expect to be out of work for a year or more on account of illness or injury, you should file for Social Security disability benefits. 4. Why does Social Security consider my age in determining whether I am disabled? Social Security has to consider age, because that is what the Social Security Act requires. As people get older, they become less adaptable, less able to switch to different jobs to cope with health problems. A severe foot injury which might cause a 30- year- old to switch to a job in which he or she can sit down most of the time, might disable a 60- year- old person who could not make the adjustment to a different type of work. 5. I only want to get back the money I put in Social Security. Why do they make it so hard for me to get my own money back? Actually, when you file a Social Security disability claim, you are not trying to just get "your own money" back. The money that an individual may have paid into Social Security over the years would not last very long if that was all that an individual could draw from Social Security. 6. What is the Social Security hearing like? The hearings are fairly informal. The only people likely to be there are the judge, a secretary operating a tape recorder, the claimant, the claimant's attorney, and anyone else the claimant has brought with him or her. In some cases, the Administrative Law Judge has a medical doctor or vocational expert present to testify at the hearing. There is no jury nor are there any spectators at the hearing. There is no attorney at the hearing representing Social Security trying to get the judge to deny the disability claim. 7. If I get Social Security disability benefits will I get Medicare? If you are approved for any kind of Social Security disability benefit other than SSI you will get Medicare after you have been entitled to Social Security disability benefits for two years. 8. If the Administrative Law Judge denies my claim, can I appeal any more? Yes. You can appeal to the Appeals Council which is still within Social Security. 9. What is the Appeals Council? The Appeals Council exists to review Administrative Law Judge decisions. The Appeals Council is located in Falls Church, Virginia, and neither the claimant nor the attorney sees the people at the Appeals Council who are working on the case. 10. Can I appeal a case beyond Social Security to the Federal Courts? Yes. After being denied by the Appeals Council, it is possible for a claimant to file a civil action in the United States District Court, requesting review of Social Security's decision. A Social Security disability claim can go all the way to the Supreme Court. Perhaps once every year or two years, the United States Supreme Court actually hears an appeal about a Social Security disability case. 11. I am disabled, but I have never worked at public work. Can I get Social Security disability benefits? If you are poor enough, you can qualify for Supplemental Security Income (SSI) if you are disabled, even if you have never worked in the past. It is also possible to qualify for Disabled Adult Child Benefits on the account of a parent if you became disabled before age 22 or for disabled widow's or widower's benefits on the account of a late husband or wife. 12. I am a widow. I have not worked in public work in many years. I am disabled. Can I get Social Security disability benefits? If you are over 50 and became disabled within seven years after your husband or wife died or within seven years after you last drew mother's or father's benefits from Social Security, you can get Disabled Widow's or Widower's Benefits. Perhaps more important, if you are poor, you can draw Supplemental Security Income benefits no matter what age you are or when you became disabled. 13. If I get Social Security disability benefits will I get Medicaid? If you are approved for SSI you will get Medicaid. It is possible to get both Medicare and Medicaid if you are entitled to SSI and some other type of Social Security disability benefit. Also see #56, above. 14. If I get Social Security disability benefits will I get Medicare? If you are approved for any kind of Social Security disability benefit other than SSI you will get Medicare after you have been entitled to Social Security disability benefits for two years. It does not matter whether you are rich or poor. If you have been on Disability Insurance Benefits, Disabled Widows or Widowers Benefits or Disabled Adult Child Benefits for 24 months you qualify for Medicare. The good thing about Medicare is that it pays doctors at a higher rate than Medicaid. Almost all doctors are happy to take Medicare patients. The bad things about Medicare are that it does not begin until after a person has been on cash disability benefits for two years and that it generally does not pay for prescription medications. 15. I am disabled by mental illness. Can mental illness serve as the basis for a Social Security disability claim? Yes. Mental illness is a frequent basis for awarding Social Security disability benefits. If you would like to file a claim for SSI benefits or know about weather you qualify for SSI or SSI Disability request info or call us today Toll Free 866-432-0382
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