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FREQUENTLY ASKED QUESTIONS
Frequently Asked Questions About Social Security Disability
Q. What is Social Security Disability?
A. Social Security Disability is a benefit from the Federal government received by disabled workers and/or their dependents. In the same way that you can collect Social Security Retirement benefits when you retire, if you become disabled and are unable to work before you reach retirement age, you may be eligible for Social Security Disability benefits.
Q. How do I know if I am eligible for Social Security Disability?
A. You may be eligible for benefits if you cannot perform any substantial work due to a disabling condition or combination of conditions that has lasted or is expected to last for twelve months or more.
In general, in order to determine if you are able to perform any work, the Social Security Administration will consider your age, education, and past work history in connection with your medical problems. The disabling condition may be due to either physical illness or injury, or mental illness, or a combination of these.
To be eligible for Social Security disability, you must have a documented work history for five out of the ten years leading up to your disability. The exception to this is if you are a disabled widow or widower, in which case you may be eligible on your spouse’s account, even if you do not have the required work history.
You may also be eligible for benefits if you are the spouse or minor child of a disabled worker.
Every case is complicated and unique, but we are happy to advise you as to whether you are eligible for benefits after we carefully review your circumstances at your free initial consultation.
Q. What if I am not eligible for Social Security Disability because I haven’t worked long enough?
A. You still may be eligible for benefits under a different government program called SSI, or Supplemental Security Income. We can help you to determine if you are eligible for either Social Security Disability or SSI.
Q. How long should I wait before I apply for Social Security Disability benefits?
A. Don’t wait! As soon as you find out that you probably won’t be able to work for at least 12 months due to your medical condition, you should apply right away. Your claim could take months or even years to resolve, and your benefits are not based on your financial need---only your medical condition. If you wait too long, you can lose out on your retroactive benefits, which can only go back to one year from the date of your application. Don’t wait until you settle any other related claims, such as Workers’ Compensation or a personal injury lawsuit, and don’t wait until your finances are drained.
Q. Are mental illnesses eligible for Social Security Disability benefits?
A. Yes. Mental illness is a medical condition. We have won benefits for many of our clients for whom mental illness was the basis of their disability. In addition, even if you are applying for benefits primarily because of a physical condition, Social Security will factor in your psychological limitations when reaching a decision on your overall ability to work.
Q. What will my attorney at Insler & Hermann do for me?
A. At Insler & Hermann, it is our job to relieve your stress and make the process of applying for Social Security disability or appealing your decision as easy as possible. We will advise you regarding the different benefits to which you may be entitled, even if you have not considered them on your own. We will help you fill out all of the paperwork, and we will file everything for you, electronically. We will do everything we can to collect all the necessary medical documentation required to prove your case from your doctors and other health care providers. We will stay on top of your case, making sure that it moves through the system as quickly as possible. If your claim is initially denied, we will appeal it for you, and make sure that your case is fully developed and that you are completely prepared for your hearing. We will promptly answer your questions and keep you informed on the status of your claim. Once your benefits are awarded, we will review them to make sure that you are receiving the maximum to which you are entitled, and we will and make sure that you continue to receive your benefits so long as you are unable to work.
Q. How much will this cost?
A. If you don’t win, we will not charge you anything. Your initial consultation with us is free, and there is no obligation to you.
Once you win, the government automatically withholds 25% of all retroactive benefits as a possible attorney's fee. This is the most that it would cost you, with a maximum fee of $6000. In rare circumstances, we might ask you for a minimum fee (for example, if you win your claim before there are any retroactive benefits), but the government must approve this fee in advance.