1. How does the Social Security Administration Define Disability?
“Disability” is defined in the Social Security Regulations as “the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than twelve months. In other words, to be found “disabled” by the Social Security Administration (SSA), you have to prove with medical evidence that you have an illness or injury that prevents you from being able to perform any full-time work for at least twelve consecutive months.

2. What are Social Security Disability Benefits (SSD)?
SSD is a disability benefit program administered by the Social Security Administration. SSD benefits are based on your work record over the past 10 years prior to your becoming disabled. If you worked 5 of the past 10 years before becoming disabled, then you may qualify for SSD benefits. In some cases, part-time work may also qualify you for SSD.

3. What are Supplemental Security Income Benefits (SSI)?
SSI is for those who are disabled, but have not worked or have not worked long enough to qualify for SSD, or are children under 18 years of age. SSI is a program administered by Social Security that pays monthly checks to the elderly, the blind and people with disabilities who own very little property or who do not have much income. In other words, SSI disability benefit payments are made on the basis of financial need. If you get SSI, you usually get Medicaid and qualify for food stamps as well.

4. How do I apply for benefits?
You can apply for benefits by going to your local Social Security Office or you can call Social Security’s toll free number: 1-800-772-1213 and speak to a Social Security Representative. Some applications may be made on the internet at www.ssa.gov.

5. How do I prove I’m disabled and entitled to benefits?
Disability is proven with evidence from acceptable medical sources. “Acceptable medical sources” are physicians and other licensed healthcare professionals. The evidence comes in the form of medical records including lab reports, x-rays, MRIs, treatment notes, and any other documentation that is available describing the illness or injury and its impact on your ability to function. In addition, the opinion of your treating physician is very important. Therefore, make sure you tell your doctor about all of your medical problems not just the most severe one.
A letter or a report from your treating physician stating how your illness or injury and functional limitations prevent you from being able to work is extremely helpful in supporting a claim for disability. Along with the medical evidence, the SSA will also review your written description of your limitations in the application forms and your testimony, if your case goes to an Administrative Law Judge hearing.

6. Do I need an attorney?
Sometimes your disability is so obvious that your application will be granted at the first stage without the help of an attorney. However, the vast majority of applications are denied at the first stage, and it is in your best interest to hire an attorney as early as possible to help you prepare, and develop your case.
We recommend you contact an attorney at any time including when you have not yet applied for benefits or when you have been denied at any stage of the administrative process even if the time for an appeal has passed.

7. How does the Social Security Administration evaluate claims?
The Social Security administration uses a sequential evaluation process to evaluate all SSD & SSI claims:
• Is the claimant working?
• Is the condition or combination of conditions severe?
• Does the condition meet or equal a listed impairment?
• Is the claimant able to return to past relevant work?
• Can the claimant perform any other work in the national or local economy, given his/her age, education, prior work experience, and residual functional capacity?

8. Can I still receive benefits if I plan to go back to work?
Yes. You are only required to demonstrate that your illness or injury has or will prevent you from being able to work for 12 months or more. Once you have shown that you meet the 12-month requirement, you may be eligible for payments. Also, Social Security has instituted a number of programs that encourage people to attempt working while they are receiving their benefits.

9. Will Social Security ever cut me off?
Social Security will most likely review your case within three years of being found disabled. In order to discontinue your disability benefits, Social Security must prove that your condition has improved to the point where you are able to return to full-time work. In view of this, it is very important for you to remain in medical care and to notify your attorney immediately if Social Security begins to review your case.

10. What are the biggest mistakes I can make?
The first mistake you can make is to fail to inform Social Security of all your physical and mental health problems including any limitations you may have in your ability to read and write.
The second major mistake that you can make is failing to file an appeal when you receive a denial. The SSA often denies good claims at the initial level successfully won at a later level. It is critical that you appeal every denial you receive within 60 days.