Frequently Asked Questions about Social Security
A: The definition of disability is an inability to do substantial gainful activity as a result of a severe impairment that is likely to continue for at least 12 months or result in the death of the individual. In order to determine if you meet this definition the Adminstration will use a five step process, which, takes into account your condition, age, education, and skill levels. In general if you are unable to hold down a full time job you can be found disabled under Social Security's rules.
A: SSDI works as an insurance program. While you are working and paying your FICA taxes you were purchasing the insurance. As a general rule a person must have worked 5 out of the past 10 years prior to becoming disabled to qualify. People with deceased or disabled family members may be able to use their family member's earnings to qualify. The insurance will expire over time. SSI on the other hand is not an insurance program. In the SSI program a person still needs to be disabled to qualify, but the program takes into account a person's income and resources. If a person makes too much money or has too much property they will not qualify for SSI even if they are disabled.
A: SSDI benefits are determined by the amount paid into the system. Every few years Social Security sends individuals a summary of benefits package. Within the package is a paragraph telling you what your SSDI benefit would be. These figures are usually fairly accurate. In the SSI program the amount is determined by your income, living arrangements, and State that you live in.
A: An application typically takes Social Security approximately five (5) to six (6) months to review and make a determination on. An Appeal to an Administrative Law Judge can take anywhere between one (1) and two (2) years depending on the district. Further review of a case within Social Security varies quite a bit.
A: Our office works on a contingent basis. That means we don't get paid unless we are sucessful on your claim. The fee is usually determined by back-due benefit amounts. Back-Due benefits are the amounts that Social Security would owe you if they had made a correct decision to begin with. The fee is limited by Social Security to 25% of these benefits up to a maximium of $5,300.00. The Social Security Adminitration must approve any fee we charge.
A: A person collecting SSDI is automatically eligible for Medicare two and one half (2 1/2) years after being determined disabled. A person collecting even one (1) dollar of SSI is automatically eligibile for Medicaid as soon as they begin collecting.