Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)
by Cheryl Stapley
Index
Overview of SSDI and SSI
Applying for Benefits from SSDI/SSI
The Interview
Disability Determination Services
If Your Claim is Denied
If Your Claim is Approved
Additional Resources
Please note that the following information is provided for your information and reference.
It is not legal advice. Please see your attorney.
Overview of SSDI and SSI
Supplemental Security Income (SSI) and
Social Security Disability Insurance
(SSDI) are programs that offer disability benefits
administered by the Social Security Administration (SSA).
Although both programs provide a disability benefit, the
purpose, benefits, and eligibility requirements for the
two programs are different.
SSDI is an insurance program for
people who become unable to work due to disability. It is
funded by the FICA tax and helps replace income lost due
to disability. It also keeps your earnings record current
so that you can receive a larger Social Security benefit
at retirement age.
In order to qualify for SSDI, you must have worked and
paid FICA taxes for a certain amount of time. Normally you
must have worked 20 of the 40 quarters (5 of the 10 years)
prior to the onset of your disability, but for younger
workers this requirement is reduced. If you were
self-employed, you will only be eligible for SSDI if you
paid enough FICA tax to qualify for coverage.
You are eligible for SSDI regardless of your financial
situation - this is an insurance program that you have
been paying for as long as you have been paying FICA
taxes. However, if you are receiving benefits from
Worker's Compensation Fund, or state disability, or a
pension from a job in which you did not have to pay Social
Security taxes, there may be a reduction in your SSDI
benefits.
The SSDI benefit is calculated on your past earnings.
The benefit amount will therefore be different for
different people. SSDI benefits cut off at age 65 when
Social Security retirement (usually the same amount as the
disability benefit) and Medicare benefits take over. Once
you have been approved for SSDI, your benefits will not
begin until the sixth full month from the date of
disability onset. Additional "auxiliary" benefits may be
payable to other family members (such as spouses,
children, or parents) based on the earnings record of the
person receiving SSDI. People who are approved for SSDI
will qualify for Medicare benefits 24 months after
receiving their first monthly check. Look into sick leave,
Family Medical Leave, or COBRA to help fill in the gap
until your Medicare benefits begin.
For details on the SSDI program, refer to the following
SSA information:
Social Security Disability Benefits (SSA Publication
No. 05-10029)
Supplemental Security Income (20 CFR 416)
Social Security: How You Earn Credits (SSA
Publication No. 05-10072)
If You're Self-Employed (SSA Publication No.
05-10022)
SSI is based on financial need rather
than employment history. There are strict financial
guidelines that a person must meet in order to qualify for
SSI. Both earned and unearned income will be taken into
account when determining your eligibility, as well as the
income and resources of others who contribute to your
support.
Depending on your level of income, you may receive the
maximum monthly benefit, a reduced monthly benefit, or you
may not be eligible to receive benefits at all. To qualify
for SSI, you must be at least 65 years of age, OR blind,
OR disabled. In addition, you must have financial need.
Certain citizenship and residency requirements also apply.
SSI provides a standard monthly benefit (increased
annually for cost-of-living), which may be reduced
depending on your financial situation. In 1999, the
benefit was $500 per month for individuals, $751 for
couples who both qualify. Once you are approved for SSI,
you will receive your benefits for the first full month
after the date you filed your claim, or (if later), the
date on which you became eligible for SSI. People who are
approved for SSI will qualify for Medicaid benefits
immediately.
For details on the SSI program, see the following SSA
publication:
Supplemental Security Income (SSA Publication No.
05-11000)
Federal Old-Age, Survivors, and Disability Insurance
(20 CFR 404)
It is possible for a person to qualify for BOTH SSI and
SSDI. When you apply for either SSI or SSDI, the Social
Security Administration should check to see if you are
eligible for the other benefit as well. If you qualify for
both benefits, and your SSDI benefit is less than the
maximum SSI benefit, you may be eligible to receive an SSI
payment in addition to SSDI, up to the maximum allowed for
SSI.
Both SSI and SSDI require that you meet SSA's
definition of "disability". See the
Disability Definition below for detail on what this
means.
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Applying for Benefits from SSDI/SSI
You can apply for SSI or SSDI at any Social Security
Administration office. Contact the SSA (1-800-772-4222)
and set up an appointment for an interview at the SSA
office closest to you. Forms
that should be completed
prior to your interview will be mailed to you or
you can pick them up from the SSA office . Expect the
interview to last up to two hours. If you have brought all
of the necessary information and have filled out the forms
beforehand, it may be quicker. You can also go to the SSA
office without making an appointment, as long as you are
prepared to wait for an interview, possibly for a few
hours.
It is possible for you to apply over the telephone and
have the information sent to you for signature. In fact,
you may be encouraged to do this when you call for an
appointment. Everything
you give them should be in writing, and you should have
copies of it. By applying in person, you will
benefit from free advice and an examination of your papers
for errors and omissions before they are filed.
In some cases, special appointments may be made for
applicants whose disability creates a problem for them to
go through the normal appointment process. Even though SSA
may encourage you to apply by telephone,
you have the right to an
in-person interview. If you are denied the right
to an in-person interview, contact your U.S. Senator or
State Representative. Some people have been told over the
telephone that they do not appear to be eligible for
benefits. If this happens, and you believe that you
qualify, insist on filing an application anyway.
Note: The Social Security clerk is required to take
notes concerning your appearance any time that you go to
the office in person. This may be either beneficial or
harmful to your case, depending on whether you "appear"
disabled. People with "invisible" disabilities may benefit
from telephone correspondence rather than in-person
interviews.
Application for SSI benefits should be
made as soon as possible, as they are usually only
retroactive to the first day of the month after the
application date. You may obtain a "protective filing
date" by calling your local district office and making an
appointment. The retroactive benefits will be based on the
protective filing date rather than the appointment date.
SSDI benefits will not begin until the
sixth full month after the onset of your disability,
regardless of the date of your application. This does not
mean that you cannot apply immediately. If your
application happens to be approved before the sixth month,
you will not receive benefits until the sixth month. If it
is approved after that time, you will receive a
retroactive payment.
There are three forms (available from Social Security
District Offices) that should be completed by you prior to
your appointment, the
Disability Report,
Function Report, and
Work History. If you are unable to complete these
forms prior to your appointment, be sure to bring all of
the necessary information with you.
It is critical to your
application that you fill out these forms as accurately
and completely as possible. If you have questions
concerning the application forms, you can call the SSA
office.
Keep copies of all forms, medical records, documents,
and correspondence to and from SSA, including the
envelopes of any mailings received from SSA (showing the
postmark date). It is also a good idea to have your
application, or any requests for appeals, hand-delivered
(by yourself or someone else), and obtain a receipt
showing that it was filed.
You may wish to consider obtaining representation to
assist you in your application. There are attorneys who
specialize in SSA Disability representation, or you can
check with your local Legal Aid society, which may be able
to provide you with assistance at little or no
cost--especially if you are applying for SSI.
You can obtain a representative at any step of the
process, however, it is not usually recommended you obtain
one for the initial application. Some representatives may
be willing to answer basic questions or help you determine
whether you have a good case without any fee. Even if you
aren't sure that you want to hire an advocate or attorney,
you may want to find out what help might be available to
you at no cost. The
National Organization of Social Security Claimants'
Representatives (NOSSCR) can help you find a
representative in your area.
Your Right to Representation SSA Publication No.
05-10075)
Information about what a representative can do for you,
who your representative can be, what fees can be
charged, and more.
The Disability Report
The Disability Report documents your disability. It
will indicate when and where you received medical
treatment, and what types of treatments you received. It
is very important to provide clear, accurate, and complete
information, or your claim may be delayed or denied. You
will be asked to list your physical or mental disabilities
or impairments. Be sure to list everything you can in
detail, including non-obvious impairments such as
depression, pain, anxiety, bladder problems, dizziness,
fatigue, or pain.
When listing information on your doctors and
treatments, be sure to indicate the names, addresses, and
phone numbers of all medical service providers, as well as
the dates of service. The Disability Determination Service
will need to confirm each of these medical service
providers and obtain the appropriate medical records. This
is the information that is used to determine whether you
are disabled, so you need to be sure it is as detailed as
possible.
If you can provide copies of the medical records from
your hospitals, doctors, and other medical providers, as
well as laboratory and test results, your claim decision
can be made much more quickly, often
months earlier.
The disability analyst must obtain copies of these
records, and this is usually where the long
delay in processing your claim comes from. Until the
analyst receives all of your medical records and
information, he or she cannot make a decision on your
case. Medical care providers are often very slow at
providing this information, and you are the one who
suffers. If you can provide them yourself, your claim will
not be held up because of waiting to receive this
information. You must be sure to include all relevant
information. SSA will not investigate for any other
medical information concerning your disability that is not
in your file, so if you don't include it, don't expect
them to know about it.
The Work History Report
The Work History Report documents information your job
history for the past 15 years. Describe your work
experience in detail, including the mental and physical
tasks required to perform each job -- especially if you
are no longer able to perform those tasks. For example, if
your job required you to stand for many hours or lift
heavy objects, and you are no longer able to do that, be
sure to indicate that. Be sure to list whether your job
required any walking, standing, lifting, or carrying, even
if it was on rare occasion.
Document any failed work attempts, as this will help
show that you are unable to perform your prior job.
Age is often a factor in determining whether or not you
are capable of performing prior work. If you are over age
50, and are unsuited for sedentary work due to lack of
education or skills, you are more likely to be approved
than if you are under age 50 and have a history of
sedentary work.
The Function Report
This report helps document how your disability affects
your daily life. Be sure to include specific examples of
basic daily living or employment activities that you can
no longer do. It is important to be very detailed. Do not
gloss over things that you find difficult - you are trying
to prove that you have a disability! If you are unable to
shop or drive, or take care of your yard, or if you need
help to perform certain functions, be sure to note those
things.
Some examples of things that might be included in this
report would be how long you can sit, stand, or walk; how
much you can lift or carry; whether you can use your hands
for fine motor skills, grasping, or pulling; whether you
can use your feet to manipulate leg controls; whether you
can crawl, climb, squat, or reach; your sleep patterns;
whether you can drive, go shopping, or perform housework;
or whether your memory or concentration are impaired.
Indicate how your daily routine has changed since you
became disabled - what could you do before that you can't
do now? Indicate circumstances that aggravate your
condition, such as activity or environmental conditions.
You may include statements by friends, family, or
acquaintances concerning how your daily life has been
affected.
You should provide at least one recent doctor's report
that diagnoses the disability, explains the impairments to
your work capacity, gives specific examples of what you
can and cannot do, and indicates the expected amount of
time that the disability is expected to last. Try to get
your doctor to submit a written report
in addition to
filling out a Residual Functional Capacity (RFC)
questionnaire. An opinion by a doctor (especially a
specialist) who has treated you numerous times over a
period of time and has given you tests for impairment will
be given more weight than a single exam (other than a
referral to a specialist), or an opinion by an SSA
appointed examiner.
The
Daily Activities Worksheet from PDS can help you
gather information about your impairment and help you (and
your doctor) file an accurate and detailed report.
Additional Information to Include
Be sure to indicate exactly how your disability caused
a problem with your work, such as inability to perform
certain duties. Again, it is very important to be
detailed, and give specific examples.
Create a list of all medicines that you are taking,
both prescription and over-the-counter. Indicate the
purpose of the medication, dosage and side effects. If
prescribed, list the prescribing physician.
Obtain informational sheets about your specific
disability or medical condition, including symptoms and
prognosis, especially if your disorder is rare.
It is up to you to prove your disability.
According to the Social Security Act, "An individual shall
not be considered to be under a disability unless he
furnishes such medical and other evidence of the existence
thereof as the Commissioner of Social Security may
require." Social Security Act, Section 223(d)(5)(A).
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The Interview
Things you should bring with you for your appointment
-
The completed
Disability Report,
Function Report, and
Work History (or the information necessary to
complete them), plus all corresponding documents.
-
The Social Security number and proof of age for each
person applying for payments, including your spouse and
children if applicable. If possible, bring a driver
license and a certified copy of the birth certificate(s).
-
Marriage and divorce certificates if applicable.
-
Dates of prior marriages if your spouse is applying
for payments.
-
A list of all medications you are taking, whether
prescription or over-the-counter.
-
A copy of your last W-2 Form (Wage and Tax
Statement), or if you are self-employed, your federal
tax return for the past year.
-
Military discharge papers if you were in the
military.
-
Proof of U.S. citizenship or eligible non-citizen
status.
-
If you wish to have your benefits paid by
direct-deposit, bring your checkbook or other papers
from your bank showing your account number.
If you are applying for SSI, you should also bring the
following:
-
Information about where you live, such as your
mortgage or your lease and landlord's name.
-
Payroll slips, bank books, insurance policies, and
other information about things you own and your income.
If you are unable to provide some of the information
listed above, you can still apply and have your interview.
SSA may be able to help you obtain the additional
information.
If you have not already filed your completed forms (you
can file the forms prior to your appointment if desired),
you will need to turn them in or fill them out when you
arrive at the district office.
The Social Security claims representative will review
your Disability, Work, and Function Reports for
completeness, and will complete a Claim Form (or Initial
Application Form). If necessary, the representative may
also need to verify residency or immigration status at
this time. Your work history will be verified to determine
whether you meet the work requirements for SSDI and/or
SSI. If you qualify for both benefits, you may apply for
both.
After your appointment, your file will be forwarded to
your state's Disability Determination Services (DDS). It
is this department that actually makes the initial
approval or denial of your claim. Get the name and phone
number of the person handling your case so that you can
follow up on it and make sure that he or she has all of
the information necessary to handle the case. Volunteer to
provide any additional information on your impairment.
Depending on the backlog of claims, the completeness of
your forms and documentation, and the amount of time
required for the analyst to receive all of the information
from your doctors, you will usually receive a decision in
60 to 120 days.
If you are applying for SSI: In some
cases where there is a severe and obvious disability, and
it is highly likely that your application will be
approved, the Social Security office may consider you to
have a "presumptive disability" and issue benefits to you
for a number of months (maximum of six months) while your
case is being processed. It is important to understand
that even though you may begin receiving benefits under
these conditions, it does not mean that you have been
approved for SSI. If for some reason your claim is
eventually denied, your benefits will be terminated. If
this occurs, however, you will note have to repay the
benefits that you received under presumptive disability.
For more about presumptive disabilities, refer to the
following SSA documents:
How We Make A Finding of Presumptive Disability FR
415.933)
Impairments Which May Warrant A Finding of Presumptive
Disability or Blindness (CFR 416.934)
You may be able to achieve a priority standing and have
your case assigned to a Disability Analyst more quickly
under certain circumstances, such as homelessness,
terminal illness, AIDS, or if all of the medical
documentation for your case has already been collected.
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Disability Determination Services
Disability Determination Services (DDS) will review the
claim file and return an initial determination of approval
or denial. Because of the backlog of cases, and the amount
of medical review that is necessary, there is often a wait
of several months before your claim is approved or denied.
Once your case has been assigned to a disability
analyst, he or she will review the medical evidence. This
involves contacting all of the relevant medical sources
that you listed on the
Disability Report in the twelve months prior to your
application date, plus older ones if appropriate. Copies
of all medical reports and test results must be obtained,
if you did not provide them. This is where the long delay
often comes from in reaching a decision on your case. It
may take months for the analyst to get all of the
necessary information from your medical care suppliers,
which is why it is so important to provide the medical
reports and test results yourself if you can. The analyst
has no control over the medical care suppliers - if the
suppliers are slow in providing the requested information,
the analyst has no choice but to wait. Depending on the
medical evidence provided, the analyst may arrange for you
to be evaluated by a physician associated with SSA, and
which will be paid for by SSA. This will often be done if
your medical information is not recent. If you miss three
scheduled appointments, your claim will probably be
denied.
The analyst, along with staff doctors, will then
determine whether you meet the required criteria for
disability according to the SSA disability requirements.
SSA Definition of "Disabled"
The SSA requirement states that an adult must be:
"unable to engage in any substantial gainful activity
by reason of any medically determinable physical or
mental impairment which can be expected to last for a
continuous period of not less than 12 months or result
in death." (Section 223(d)(1)(A) of the Social Security
Act)
For children, they may additionally be considered
disabled if the impairment "causes marked and severe
functional limitations". If you are statutorily blind
(central visual acuity of 20/200 or less in the better eye
with the use of a correcting lens, or an eye in which the
widest diameter of the visual field subtends an angle no
greater than 20 degrees), it is not necessary that your
blindness meets the duration requirement, or that you be
unable to engage in substantial gainful activity.
There are 5 steps in determining whether you meet the
disability requirements. The following applies to
non-blind adults - requirements for children and the blind
are slightly different:
1. Are you engaging in "substantial gainful
activity"?"
Substantial gainful activity" can mean full-time or
part-time work, as long as it is for pay or profit.
Generally if you are actively working and earning at
least $700 (as of July 1, 1999) per month, you are
considered to be engaging in substantial gainful
activity. This does not apply if you are receiving pay
but not actively working - for example, if you are
getting sick leave pay from your employer. If you are
earning between $300 and $700 per month, your work MAY
be considered substantial depending on various other
factors.
If you are
determined to be engaging in substantial gainful
activity, your claim will be denied.
If not, the Analyst
will move on to step 2.
2. Is your condition "severe"?
Your impairment must interfere with
basic work-related activities in order to qualify for
disability. The reason for your inability to work
must be due to one or more "medically determinable"
physical or mental impairments. "Medically determinable"
means that there must be medical evidence to support the
claim. It is not sufficient for you, or even your
doctor, to state that you are disabled without clinical
and laboratory medical evidence. However, pain and other
similar factors that are without medical evidence can
also be considered in determining whether or not you are
disabled. It is important that you are receiving regular
medical care so that detailed medical reports can be
made for documentation. Your impairment must also be
shown to be independent of any drug or alcohol use.
The impairment must be expected to
prevent the you from working for at least 12 months, or
until death. That does not mean that you have to wait
until you have been disabled for 12 months before
applying or becoming eligible for benefits--only that
the condition is expected to prevent you from working
(or in the case of a child, to result in severe
functional limitations) for at least that long. The
disability does not need to be permanent in order to
receive benefits. For example, you may have an injury
which will prevent you from working for over a year, but
your doctor expects that you will eventually make a full
recovery. As long as the projected time that you will be
unable to work is at least 12 months, you may still be
eligible for benefits.
Your impairment must be the primary
reason for your inability to work. This requirement is
outlined in the SSA Handbook:
SSA Handbook 611: Impairment must be the primary
reason for inability to work
If your
condition is determined to be "severe", the Analyst will
proceed to step 3.
If not, your claim will
be denied.
3. Is your condition on the
pre-determined list of disabling impairments?
If your condition meets the impairments
found in the "Listings of Impairments", (a list of
impairments that SSA has determined automatically meet
the qualifications for disability), your application
will be approved. If your condition is not listed, you
must show that your symptoms are equal in severity to
those in the Listings, or that you have a combination of
disabilities that matches a specific set of requirements
in the Listings.
However, it is not enough to just have
the same diagnosis as an impairment in the listing.
According to SSA, "We will not consider your impairment
to be one listed in appendix 1 solely because it has the
diagnosis of a listed impairment. It must also have the
findings shown in the Listing of that impairment." (20
CFR 404 ). This means that you must have the same
symptoms, clinical signs, and laboratory functions
listed--not just the same diagnosis. For example, you
may be diagnosed with multiple sclerosis, which appears
in the listings, but your symptoms must meet the
criteria specified in the listings in order to be
considered disabled.
Hereditary Spastic Paraplegia is NOT in
the listings. Therefore, you must show that your
symptoms are equal in severity to the
requirements in the listings.
Listings of Impairments (20 CFR 404, Subpart. P,
Appendix 1)
If your
impairment equals found to be of equal severity to an
impairment in "the Listings", your application will be
APPROVED. If not, the Analyst will continue to step 4.
4. Can you perform your previous
work?
At this step, the analyst will determine
whether your condition interferes with your ability to
perform your previous or "past relevant" work.
If you are physically able to work, but
can't work (or can't obtain a job) for other reasons,
you do not fit this requirement. The criteria
is whether you could perform the job if you had it, not
whether or not you have a job. Your "past relevant work"
is defined as any work you performed on a substantial
basis during the past 15 years. The Analyst will assess
your Residual Functional Capacity (RFC), which indicates
what functions you are able to perform despite your
disability. You will be classified as to whether you are
capable of doing sedentary, light, medium, heavy, or
very heavy work. Your RFC will then be compared to the
requirements of your past jobs. This is why it is very
important to list all of the physical and mental
requirements of jobs on your Work History that you are
no longer able to perform.
If the
analyst determines that you can still perform your past
relevant work, your claim will be denied. If not, the
analyst will move on to step 5.
The SSA Handbook outlines provisions
that may establish disability for people who are unable
to perform past relevant work:
SSA Handbook 609: Evaluation considering age,
education, and work experience
5. Can you do any other type of
work?
Even if you are not capable of
performing your previous work, the Analyst will also
take into consideration whether you are capable of
performing other reasonable jobs. They will take into
consideration your RFC, age, education, and previous
work experience. If the Analyst determines that there
are jobs that "exist in significant numbers in the
national economy" that you can do based on your
limitations, your claim will be denied. For example, if
your previous work history consisted of jobs that
required heavy lifting or long periods of standing, the
Analyst may determine that there are other jobs you are
capable of performing that do not require that activity.
If the analyst determines that you CAN
adjust to other work, your claim will be denied. If not,
your claim will be approved.
Once a decision has been made to approve
or deny a claim, the file will be returned to the Social
Security District Office and you will be notified of the
results. If your claim is approved, you will be asked to
return to the office and verify the non-medical
eligibility requirements, such as income, living
arrangements, and any other items not already verified. If
your claim is denied, you will receive a notice from
Social Security indicating that your claim was not
approved, the reasons for the decision, and that you have
the right to file for reconsideration.
The majority of claims are initially
denied. Only about a third of cases are approved in the
initial determination stage. In some cases, of course, the
applicant truly does not meet the requirements. But in
many other cases, the applicant may meet the conditions,
but simply did not provide enough information for the
analyst and doctor to justify approval according to the
steps outlined above. You can greatly increase your odds
of being approved at the initial stage by understanding
how the determination process works, understanding what
information needs to be included with your application,
and providing complete, detailed, and accurate
information.
For an "inside" look at the Disability
Determination process, see
How Disability Determination Services Works.
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If Your Claim Is Denied
Request an appeal as soon as possible
after you receive a notice of denial. You can obtain and
fill out the proper form and submit it, or you can send a
simple letter to SSA indicating that you want to appeal
the decision, then fill out the appropriate forms details
and explanations later.
The appeals process consists of the
following steps, which must be taken in order:
Reconsideration
Administrative Hearing with the Office of Hearings and
Appeals
Review by the Appeals Council
Federal Court
Reconsideration
The first step is requesting
reconsideration by filing a "Request for Reconsideration".
This is not the same as reapplying. If you reapply, you
will be starting over from scratch, and will lose your
original application date, which is important if you are
applying for SSI. You must request reconsideration within
60 days of the date on the denial notice (see
note*).
You will also be expected to complete a
"Reconsideration Disability Report", and provide any
necessary additional Medical Release Authorizations. These
do NOT need to be filed by the filing deadline. This form
will ask for any new information about doctors,
hospitalizations, or changes in your medical condition.
The more information that is provided at this time, the
better your chances for reversing the decision. Your file
will then be sent back to the DDS office for
reconsideration by a different analyst than the one who
reviewed your initial claim.
Unfortunately, most claims that are
appealed at this level are denied again, unless you
provide strong evidence that was not present in your
original claim. If your claim is denied at the
reconsideration stage, you must determine whether you want
to appeal the denial and proceed to an Administrative
Hearing. This is usually worthwhile since over half of the
claims that are appealed to an Administrative Hearing are
approved.
Administrative Hearing
At this point, you can personally meet
with the people making decisions about your claim. This is
when you will be able to present facts that may not be
obvious from your medical records, and provide witnesses
(including family or acquaintances) who can testify to
your disability, or your inability to work. Slightly
more than half of the applications appealed at this level
are approved.
It is highly recommended that you obtain
assistance from an attorney who specializes in SSA
disability claims, or a legal aid or disabilities
organization to represent you at the hearing. Attorneys
will generally take a case on a contingency fee based on a
percentage of your retroactive benefits (you only pay a
fee if you win). The fee is usually 25% of the retroactive
benefit, up to a maximum that is set by Federal law ($4000
at the time of this writing). Although you can represent
yourself at the hearing, your chances of being approved
are significantly increased if you have the assistance of
an attorney. For information about legal representation,
contact the National Organization of Social Security
Claimants' Representatives.
If you wish to request a hearing, you must
file a "Request for Hearing" form. Your request must be
received by the SSA office within 60 days of the
reconsideration denial (see
note*).
Once you have filed for a hearing, your file will be sent
to the Office of Hearings and Appeals (OHA), and assigned
to an Administrative Law Judge (ALJ). You should be
notified at least 20 days before your hearing date.
Because of the backlog of cases, a hearing date may not be
set for many months.
You and your representative(s) may examine
your case file prior to the hearing. At the hearing
itself, you may offer additional evidence, provide
witnesses, and present oral or written statements. The
process is somewhat like a trial in court, but is much
less formal.
Normally a decision will be made within 90
days of the receipt of all of the evidence, but in some
cases, the decision may take longer. If you receive an
unfavorable decision at this point, you have the right to
a further appeal to the Appeals Council. At this point,
the likelihood of having your claim approved in further
appeals is dramatically reduced, and the process will
probably drag on for a very long time. Nonetheless, if you
feel that you have a good case, you may wish to continue
with the appeal process.
Note: it is possible that the Appeals
Council will decide on it's own to review an ALJ decision,
but in practice this rarely happens.
Appeals Council
You have 60 days from the date of the
notice of denial by the OHA in which to file a review
before the Appeals Council (see
note*).
To request a review, you must fill out and submit the
"Request for Review of Hearing Decision" form. The Appeals
Council will then review the hearing record, and make a
decision to uphold, reverse, or modify the ALJ's decision.
They may also choose to send the case back to the ALJ for
a new hearing. It is unusual for the Appeals Council to
reverse an Administrative Law Judge's decision and order
payment for the claim, as they are usually mostly
concerned with legal and procedural errors.
If you receive an unfavorable decision
from the Appeals Council, you can then appeal to Federal
district court. Again, your appeal must be filed within 60
days of the notice (see
note*).
Further appeals can be made in Federal court, according to
normal procedures.
*Note: The deadline for
requesting appeals is 60 days from the date of the denial
notice received at the previous level. Because an
additional 5 days is provided for mailing time, your
reconsideration request must be received by SSA within 65
days of the date on the denial notice. Under certain
circumstances, SSA may accept an appeal after the deadline
if they determine that there was "good cause" for missing
the filing deadline. It is recommended that your request
be delivered by hand to the SSA District Office, getting a
receipt to prove that you filed on time.
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If Your Claim is Approved
Once you have been approved for disability
benefits, you should be sure to read the following SSA
booklets:
What to Know When You Get Disability Benefits (SSA
Publication No. 05-10153)
and/or
What You Need to Know When You Get SSI (SSA
Publication No. 05-11011)
These publications describe your benefits
and how they may be reduced or terminated, what changes
need to be reported to SSA, outline policies regarding
work incentives and SSA case reviews, and provide other
miscellaneous information.
It is important to continue to see your
doctor regularly, and to keep copies of all records of
medical care or tests. Ask your doctor on at least an
annual basis whether or not you are capable of working on
a sustained basis. If you are on SSI, keep bank account
statements and paycheck stubs if you are working. This is
documentation that you may need for future reviews.
If You Work
Both SSI and SSDI are paid on the assumption that your
disability prevents you from being gainfully employed. If
you work and receive payments that are over a certain
limit per month, or if you are on SSI and have other
income or resources that exceed the SSA limits, your
benefits may be reduced, suspended, or terminated.
Disability Reviews
SSA will review all disability cases from time to time,
to insure that people who are receiving benefits still
meet the disability, financial, and other requirements. If
your impairment has ceased, or is no longer disabling,
your benefits will be terminated.
Your review will usually be one of two kinds. You
should consult with your doctor before replying to a
review. The first kind is a Mailer Review. You will
receive a Disability Update Report in the mail, which you
are asked to fill out and return. This type of review is
usually done for people who are unlikely to have a change
to their disability status. The other kind is a Full
Medical Review. You will receive a letter from SSA, and
will be contacted by someone in the Social Security
office. You will need to provide information about your
medical visits in the past 12 months, including copies of
records, and may be asked to have a government-paid exam
if your tests and records are not current. Often the SSA
gives you very short notice. If you need it, ask for an
extension of time in order to get the appropriate records
or to have a medical examination. Have your doctor examine
you and determine your current medical status. You should
have your doctor write a report for the SSA if they ask
for a full medical review.
If your benefits are terminated (only a small
percentage are), you should appeal the decision if you and
your doctor believe that you are still disabled.
Approximately half of the people who appeal termination
are reinstated. The appeals process follows the same steps
as the process for the initial claim. However, you have
two additional rights of appeal if SSA determines that you
are no longer disabled:
1. A disability hearing that is part of the
reconsideration process. You may meet the person who is
reconsidering your case in person, and explain why you
feel you are still disabled. This hearing is separate from
your right to have a hearing before an Administrative Law
Judge.
2. Continuation of Benefits. If you apply for
continuation of benefits within 10 days of your
termination notice, your benefits will continue until a
decision is made by an ALJ. If you are denied, you may
have to repay the benefits received. If you do not apply
for continuation of benefits, your benefits will be
terminated until your claim is re-approved.
Overpayments
If you receive an amount for any period of time that
exceeds the amount you should have been paid, it will be
considered an "overpayment". If SSA determines that you
have received an overpayment, it will send you a "Notice
of Overpayment". Unless you file an appeal, future
payments will be reduced to recover the overpayment
amount.
You have two methods of appeal:
If you feel that the overpayment is inaccurate, you may
file an appeal by filing a "Request for Reconsideration"
form. It is important to file immediately. If your request
for reconsideration is made within 10 days from the date
of the notice, your benefits will be unchanged until a
decision is made. If you file after 10 days, your benefit
will be reduced for overpayment, pending the final
decision. Your request must be made within 60 days.
You will have the choice of a formal hearing, informal
hearing, or case review. An informal hearing is often the
best choice, as it will give you the opportunity to
discuss the problem.
If you agree that there was an overpayment, but believe
that you have good reason to be excused from repaying it,
you may request a "Waver of Overpayment". This request can
be filed at any time, but if it is requested within 10
days of the date on the notice of overpayment, your
benefits will not be reduced to cover the overpayment
until a decision has been made. SSA will waive the
overpayment if is determined that there you were not at
fault in the overpayment, if recovery would deprive you of
income needed for ordinary and necessary living expenses,
or if recovery would be against equity and good
conscience.
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Additional Resources
-
Social Security
Disability - Frequently Asked Questions
-
The National Organization of Social Security
Claimants' Representatives (NOSSCR) has compiled a
comprehensive list of common questions and their
answers.
-
-
Social Security Work Incentives for People with Disabilities
-
Information about available work incentives for
people on SSI or SSDI.
Social Security Forms and Publications
Download forms from SSA
How We Decide If You
Are Still Disabled(SSA Publication No. 05-10053)
Working While Disabled,
How We Can Help (SSA Publication No.
05-10095)
How We Can Help With
Vocational Rehabilitation(SSA Publication No. 05-10050)
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