If you have been disabled and can no longer work, you may be entitled to Social Security Disability benefits. During this time, when health issues are pressing and you wait for your next paycheck, you likely have lots of questions and concerns.
At Grossman Law Firm, we know that information helps calm fears and relieves stress. Here, our disability lawyer based in Alabama responds to some of the most common questions we get when we first meet our clients. To get answers specific to your disability case, contact us today to schedule a consultation.
What are the main sources of disability benefits?
There are two main sources of Social Security Disability (Title II) benefits and Supplemental Security Income (Title XVI).
SSDI is based on work credits and disability. A person who has worked and paid a certain amount into social security can qualify for SSDI. A person who has not worked and paid into social security, or has not paid enough into social security, will not qualify for SSDI but may qualify for SSI.
SSI is based on disability, age, income, and other resources.
It is possible, in some scenarios, for a person to qualify for both.
How do I qualify for disability benefits?
To qualify for either or both benefit types, you must be disabled. The Social Security Administration (SSA) holds that a person is disabled if they are unable to work because they suffer from a severe medical condition that has either (1) lasted, or will most likely last, for at least twelve months; or (2) will result in death.
For qualification for SSDI benefits, you must not be able to do the same work that you did before or be able to adjust to another type of work. You must also have earned enough credits and be younger than the retirement age.
SSI recipients have other qualifications they must meet as well, like proving they have limited resources and income.
Who can receive disability benefits?
If you qualify for SSDI, it does not matter what state you live in because it is a federal program.
It is also possible that family members will qualify for benefits. Family members who could be eligible include:
- Spouse
- Children
- Former spouse
- Adult children who became disabled before the age of 22
Spouse
Spouses can qualify if they are 62 years old or older unless they are receiving a higher amount through their own social security benefits. A spouse may also qualify if they are caring for your child who is younger than 16 years of age or was disabled before the age of 22.
Former Spouse
Your former spouse may qualify for benefits under your SSDI claim if they were married to you for a minimum of 10 years, are a minimum of 62 years of age, have not remarried, and are not eligible for an equal or higher amount on their own, or through someone else's benefits.
Children
Children can also qualify for benefits under your claim if they are not married. They must be under the age of 18, or be between the age of 18 and 19 as a full-time high school student, or be 18 years old or older with a disability that started before the age of 22.
What are common types of qualifying disabilities?
The types of disabilities approved for benefits vary widely, although some are more common than others. All disabilities fall into one of two categories: physical or mental.
Physical Qualifying Disabilities
- Arthritis. Arthritis can be disabling and can keep you from being able to walk or perform job duties, like typing.
- Heart Disease. Heart disease can cause serious symptoms, like pain, weakness, and shortness of breath.
- Diabetes. Diabetes can progress to the point where it is impossible to work. Symptoms include blurry vision, fatigue, and tingling extremities.
- Cancer. Stage III, or more advanced cancers, typically qualify for benefits. Some forms, however, do not have to be that progressed.
- Respiratory Illness. Respiratory illnesses, like chronic obstructive pulmonary disease (COPD), can be debilitating.
Mental Qualifying Disabilities
- Intellectual Disabilities. A person with an intellectual disability often lacks the ability to perform basic daily living functions.
- Anxiety. Severe anxiety can cause a person to not be able to function normally and work a regular job.
- Autism. Autism can prevent a person from being able to work or even perform daily living skills.
What should I expect at a disability hearing?
During the hearing, you will first be sworn in, and then a few other things will occur, like:
- The judge will ask you questions about your disability, treatment, past employment, educational background, and your quality of life as impacted by the health condition.
- If you hired a disability lawyer, they can speak on your behalf to argue your case and persuade the administrative law judge (ALJ). Your attorney may also ask you questions to provide the judge with a deeper understanding of your case.
- If there are expert witnesses, they will provide the judge with additional information on your disability, medical condition, ability to work particular jobs, and what jobs you may be able to perform, if any.
- In the end, the ALJ may ask you if you want to make any additional comments. Your attorney can advise you of the same and guide you through it.
After the hearing, the waiting begins for the ALJ's decision.
Where do I go for the disability hearing?
Grossman Law Firm is an approved hearing site. As such, all of our hearings are held on site.
What happens if your claim is denied?
You can appeal your disability claim. The last resort is filing a lawsuit in federal court.