Information About Getting Disability Through Social Security
The Social Security Disability Insurance program covers workers who are unable to earn a living due to an illness, injury or other debilitating disability. There are strict rules about who is eligible for the program, and a long, drawn-out procedure for filing a claim. However, any worker with a sufficient number of quarters of Social Security taxes paid is covered by the program and should consider filing a claim should a disabling condition arise.
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Eligibility
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To be eligible for benefits, you must be at least 18 years of age and have sufficient work credits, or quarters, of Social Security taxes paid. The number of credits needed varies by your age; in general, you need to have worked half the time since you turned 18 if you are 32 or younger. Older workers need to have worked for about five years out of the last 10.
Qualifying
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To qualify for disability, you must be earning less than $1,000 per month before taxes, and you must have an illness or injury that has lasted or is expected to last at least 12 months, or is a terminal condition.
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Application
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You can apply for disability by visiting your local Social Security office, by calling Social Security's toll-free help line at 800-772-1213 or by going online at ssa.gov and filling out an online application and disability report. Social Security will examine your work record and determine your eligibility; if you are denied on technical grounds, such as insufficient work credits or too much income, you will have to reapply at a later date when you do meet the qualifications.
Evidence
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You will have to provide Social Security with the names, addresses and telephone numbers of your treating physicians. Social Security will order relevant medical records, but you are free to supplement the record on your own with statements from your doctors, employers, friends, relatives and anyone else who knows about your condition and can testify as to your ability to work.
Appeal
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Most initial claims are denied, and claimants have to appeal to receive assistance. The first appeal is known as a Request for Reconsideration, which must be filed within 60 days of your denial. The second denial requires a Request for Hearing, which also carries a 60-day filing deadline (from the denial date). You should provide updated and new medical evidence to lend further support to your claim. Social Security will schedule a hearing in front of an administrative law judge, who will make the decision on your claim. It is best to hire the services of a qualified attorney at the hearing stage.
Request for Review
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If you are denied at the hearing level, you can appeal to the Social Security Appeals Council in Falls Church, Virginia. Most of these final appeals are denied, however, after which your only recourse is to file a civil suit against Social Security in federal court, or reapply and begin the process over. The time it takes for Social Security disability claims varies from about two months for the most severe disabilities to more than two years for a hearing and judge's decision.
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