Last Updated September 05, 2009

INFORMATION ABOUT SOCIAL SECURITY DISABILITY BENEFITS

If you are totally disabled as a result of an illness or injury, you may be entitled to Social Security Disability benefits.

We hope that the questions and answers presented here will assist you in familiarizing yourself with Social Security Disability benefits issues. While the material below attempts to answer common questions in this area, State and local laws may significantly modify the facts set forth. Because all legal problems are unique, nothing provided here is a substitute for the advice of competent counsel. We strongly urge you to consult with an attorney licensed to practice in your state about any particular legal problem you may have.

WHEN DO I BECOME ELIGIBLE FOR SOCIAL SECURITY DISABILITY?

You are eligible for Social Security Disability benefits if you become disabled. You are considered "disabled" if you are unable to do any substantial gainful activity by reason of a medically determinable physical or mental impairment which has lasted or can be expected to last for at least one year or which is expected to result in death.

HOW LONG DO I HAVE TO WORK TO QUALIFY FOR SOCIAL SECURITY DISABILITY BENEFITS?

To qualify for Social Security Disability, you must have worked long enough recently. At most, you earn 4 credits per year, one per "quarter." Each three-month period, beginning in January, is a "quarter." So January to March, April through June, July through September, and October through December are the four quarters of the year. The calculations are made separately per quarter. The number of work credits needed for disability benefits depends on your age when you become disabled.

HOW DO I APPLY FOR BENEFITS?

As soon as you become disabled, you may apply at any Social Security office. You may file by telephone, mail, or by visiting the office near you. You can find the address in the blue pages of your local telephone book.

WHEN WILL I RECEIVE MY FIRST CHECK?

Social Security Disability benefits will not begin until the 6th full month of disability. This is referred to as the "waiting period," which begins with the first full month after the onset of your disability. Therefore, you should apply as soon as your disability begins so that you can start receiving checks after your waiting period ends.

WHAT INFORMATION SHOULD I BRING WITH ME TO APPLY FOR SOCIAL SECURITY DISABILITY?

When you apply, you will be required to provide this information:

• your social security number;
• proof of age;
• names, addresses, and telephone numbers of doctors, hospitals, clinics, and institutions that treated you and the dates of treatment;
• a summary of where you worked in the past 15 years and the kind of work you did;
• a copy of your W-2 Form or if you are self-employed, your Federal tax return for the past year; and
• dates of any prior marriages if your spouse is applying.

HOW WILL SOCIAL SECURITY CALCULATE THE AMOUNT OF MY BENEFITS?

The amount of your monthly disability benefit is based on your lifetime average earnings covered by Social Security. You can obtain a personal earnings and benefit estimate statement of your disability benefit by calling or visiting your local Social Security Office.

WHAT CAN I DO IF MY CLAIM IS DENIED?

If your claim is denied, or if you disagree with any part of the decision reached by Social Security, you may appeal. There are four levels of appeal. If you disagree with the decision at one level, you may appeal to the next level. You have 60 days from the time you receive the decision to file an appeal to the next level. If you don't file the appeal in a timely fashion, your rights to appeal may be lost entirely.

IF I HAVE CHRONIC FATIFUE SYNDROME (CFS), AM I ELIGIBLE TO COLLECT SOCIAL SECURITY DISABILITY BENEFITS?

Chronic Fatigue Syndrome (CFS), sometimes called the "Yuppie Flu", is a complex illness with a variety of symptoms, including incapacitating fatigue, flu-like symptoms, and one or more of the following cognitive disorders: confusion, difficulty concentrating, and forgetfulness. The cause of this illness is virtually unknown, but the effects can leave those afflicted unable to function at even basic levels.

The Social Security Administration and its Administrative Law Judges have been slow to recognize CFS as a disabling illness. Recently they have started recognizing CFS as a "potentially" disabling illness. Benefits are decided on a case-by-case basis.

The following information is helpful in proving CFS:

• Documentation of the existence, severity and duration of the illness;
• Medical reports that contain thorough medical histories and all pertinent clinical and laboratory findings, including the results of any mental status exams;
• Detailed historical notes discussing the course of the disorder, including treatment and response;
• Information regarding the differences in the claimant before and after the onset of CFS;
• Information from the health professional regarding the claimant's work abilities in spite of CFS;
• Description of functional limitations noted by the health professional during the course of treatment.

CAN SOMEONE WITH AN ALCOHOL OR DRUG ADDICTION COLLECT SOCIAL SECURITY DISABILITY?

Although this has been a controversial issue for quite some time, on March 29, 1996, Congress resolved this issue by passing legislation that terminates Social Security Disability benefits of anyone whose ONLY disability is drug or alcohol addiction. An addicted person who has another disability as well may still qualify for benefits if he or she can show that the other disability would exist regardless of the drug or alcohol addiction.

CAN SURVIVORS COLLECT SOCIAL SECURITY BENEFITS?

After a worker dies, certain family members may be entitled to Social Security benefits if the worker has sufficient benefit credits while working.

HOW ARE SOCIAL SECURITY DISABILITY BENEFITS AFFECTED BY DIVORCE?

When a worker receives Social Security benefits, his or her divorced spouse, if age 62 or older, may be entitled to benefits under certain circumstances: the marriage must have lasted at least 10 years, the spouse must be unmarried, and the spouse must not be eligible for an equal or higher benefit on his/her own or someone else's Social Security record.

Under the same conditions, if a deceased worker was divorced, the surviving spouse may be entitled to benefits at age 62, or at age 50 years if disabled.

If you or someone you know believe they have been improperly denied Social Security Disability benefits, a DESSEN, MOSES & ROSSITTO attorney will be happy to review the facts of the incident. Just press the button below to submit a factual history form.

If you have other questions or comments about the area of Social security Disability or any other area in which we practice, please send us an E-mail message with your questions or comments and we will be happy to try to assist you.

LINKS TO OTHER INTERESTING INFO

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Social Security Administration (SSA)

Information found at this Web site is for general informational purposes only and is not intended to be legal advice or the rendering of a legal opinion. DO NOT assume that anything contained in these Web pages answers your specific legal problem. Each legal situation is unique. You should seek independent legal advice and counsel regarding any specific legal problem you may have.