Social Security Disability Questions

The Internet is a fantastic resource for doing research but it is also a place for much misinformation!

I am constantly amazed at the misleading and flat out wrong information that is being passed around in the various medical and disability forums on the Internet. Below is a list of the most common questions that I have found asked and answered incorrectly in the forums

How do I apply for disability benefits?

How long do I have to wait after becoming disabled before I can file for Social Security Disability?

Do I have to be permanently disabled to get Social Security Disability benefits?

What is the difference between Social Security disability and SSI disability?

I got hurt on the job. I am drawing worker's compensation benefits. Can I file a claim for Social Security disability benefits now or should I wait until the worker's compensation ends?

Can I get both worker's compensation and Social Security disability benefits?

I have several health problems, but no one of them disables me. It is the combination that disables me. Can I get Social Security disability benefits?

I am disabled, but I have never worked at public work. Can I get Social Security disability benefits?

What is the difference between Medicare and Medicaid?

If I get Social Security disability benefits will I get Medicare?

Do I have to pay income tax on my Social Security benefits?

I am receiving Social Security disability benefits. Will my benefits be affected if I work and earn money?

How do I apply for disability benefits?

You can complete some or all of the forms online or call our toll-free number, 1-800-772-1213 to schedule an appointment and we will help you in person or by phone. You can apply for disability benefits online at www.socialsecurity.gov/applyfordisability

You can find the most convenient Social Security office at www.socialsecurity.gov/locator/People who are deaf or hard of hearing may call our toll-free "TTY" number, 1-800-325-0778, between 7 a.m. and 7 p.m. Monday through Friday.

The Disability Starter Kit will help you get ready for your disability interview or help you complete the online application. Kits are available in English and Spanish for adults and for children under age 18.

The starter kit provides information about the specific documents and the information that we will request from you. We will ask for more details during the disability interview or when you complete the online Child or Adult Disability Report Form.

The kits also provide general information about the disability programs and our decision-making process that can help take some of the mystery out of applying for disability benefits.

Each Disability Starter Kit contains a:

• Fact sheet that answers questions most people ask about applying for disability benefits,
  

• Checklist of documents and information we will request, and
  

• Worksheet to help you gather and organize the information you will need for your disability interview or to complete the online forms.

"Not even one day. You can file for Social Security disability benefits on the very same day that you become disabled. Many individuals make the mistake of waiting months and even years after becoming disabled before filing a Social Security disability claim. There is no reason to file a Social Security disability claim if one has only a minor illness or one which is unlikely to last a year or more. However, an individual who suffers serious illness or injury and expects to be out of work for a year or more should not delay in filing a claim for Social Security disability benefits."

Do I have to be permanently disabled to get Social Security Disability benefits?

"No, you have to have been disabled for one year or expected to be disabled for at least a year or have a condition that can be expected to result in death within one year."

What is the difference between Social Security disability and SSI disability?

The Social Security Administration is responsible for two major programs that provide benefits based on disability: Social Security Disability Insurance (SSDI), which is based on prior work under Social Security, and Supplemental Security Income (SSI). Under SSI, payments are made on the basis of financial need.

Social Security Disability Insurance (SSDI) is financed with Social Security taxes paid by workers, employers, and self-employed persons. To be eligible for a Social Security benefit, the worker must earn sufficient credits based on taxable work to be "insured" for Social Security purposes. Disability benefits are payable to blind or disabled workers, widow(er)s, or adults disabled since childhood, who are otherwise eligible. The amount of the monthly disability benefit is based on the Social Security earnings record of the insured worker.

Supplemental Security Income (SSI) is a program financed through general revenues. SSI disability benefits are payable to adults or children who are disabled or blind, have limited income and resources, meet the living arrangement requirements, and are otherwise eligible. The monthly payment varies up to the maximum federal benefit rate, which may be supplemented by the State or decreased by countable income and resources. See Understanding Supplemental Security Income for an explanation of SSI benefit payment rates.

I got hurt on the job. I am drawing worker's compensation benefits. Can I file a claim for Social Security disability benefits now or should I wait until the worker's compensation ends?

"You do not have to wait until the worker's compensation ends and you should not wait that long. An individual can file a claim for Social Security disability benefits while receiving worker's compensation benefits. It is best to file the Social Security disability claim as soon as possible because otherwise there may be a gap between the time the worker's compensation ends and the Social Security disability benefits begin."

Can I get both worker's compensation and Social Security disability benefits?

"Yes. There is an offset, which reduces Social Security disability benefits because of worker's compensation benefits paid, but in virtually all cases, there is still some Social Security disability benefits to be paid. In a few states the offset works the other way - - worker's compensation benefits are reduced because of Social Security disability benefits."

I have several health problems, but no one of them disables me. It is the combination that disables me. Can I get Social Security disability benefits?

"Social Security is supposed to consider the combination of impairments that an individual suffers in determining disability. Many, perhaps most claimants for Social Security disability benefits have more than one health problem and the combined effects of all of the health problems must be considered. How far back will they pay benefits if I am found disabled?For Disability Insurance Benefits and for Disabled Widow's and Widower's Benefits, the benefits cannot begin until five months have passed after the person becomes disabled. In addition, benefits cannot be paid more than one year prior to the date of the claim. For a Disabled Adult Child, there is no five-month waiting period before benefits begin, but benefits cannot be paid more than six months prior to the date of the claim. SSI benefits cannot be paid prior to the start of the month following the date of the claim."

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."

What is the difference between Medicare and Medicaid?

"The short answer is that Medicaid is a poverty program and Medicare isn't. Many disabled people who get Medicaid get it because they are on Supplemental Security Income (SSI). This is called “categorical” Medicaid eligibility. To get SSI and thereby get Medicaid you have to be poor and disabled. Medicaid pays doctors at very low rates. People who have only Medicaid can have a hard time finding doctors willing to take them on as patients. Medicaid does pay for prescription medications. Medicaid can go back up to three months prior to the date of a Medicaid claim. Note that it is possible to apply for Medicaid directly - through a local Medicaid office - without having a companion claim for SSI.

For Medicare 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."

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."

We will automatically enroll you in Medicare after you get disability benefits for two years. We start counting the 24 months from the month you were entitled to receive Disability, not the month when you received your first check.People with amyotrophic lateral sclerosis (Lou Gehrig's disease) get Medicare beginning with the month they become entitled to disability benefits.

Medicare has two parts - hospital insurance and medical insurance. Hospital insurance helps pay hospital bills and some follow-up care. The taxes you paid while you were working financed this coverage, so it's premium free. The other part of Medicare, medical insurance, helps pay doctors' bills and other services. You will pay a monthly premium for this coverage if you want it.

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. From Social Security website

Do I have to pay income tax on my Social Security benefits?

Some people who get Social Security will have to pay taxes on their benefits. Less than one-third of our current beneficiaries pay taxes on their benefits.

You will have to pay federal taxes on your benefits if you file a federal tax return as an "individual" and your total income is more than $25,000. If you file a joint return, you will have to pay taxes if you and your spouse have a total income that is more than $32,000.

I am receiving Social Security disability benefits. Will my benefits be affected if I work and earn money?

We have special rules called "work incentives" that help you keep your cash benefits and Medicare while you test your ability to work. For example, there is a trial work period during which you can receive full benefits regardless of how much you earn, as long as you report your work activity and continue to have a disabling impairment.

The trial work period continues until you accumulate nine months (not necessarily consecutive) in which you perform what we call "services" within a rolling 60-month period. We consider your work to be "services" if you earn more than $640 a month in 2007. For 2006, this amount was $620. After the trial work period ends, your benefits will stop for months your earnings are at a level we consider "substantial," currently $900 in 2007. For 2006, this amount was $860. Different amounts apply to people who are disabled because of blindness.For an additional 36 months after completing the trial work period, we can start your benefits again if your earnings fall below the "substantial" level and you continue to have a disabling impairment. For more information about work incentives, we recommend that you read the leaflet, Working While Disabled-How We Can Help (SSA Publication Number 05-10095).


Because of the overwhelming number of questions that I have received regarding Social Security Disability, I put together a step-by-step guide to assist individuals in applying for and obtaining these benefits. My comprehensive e-book, A Practical Guide to Social Security Disability Benefits is already getting rave reviews!

Applying for Social Security Disability is a long and stressful process. Take a look a my SSDI Quick Tips to help you through the process.

http://www.nosscr.org/faqind.html

http://www.ssa.gov

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