Social Security Disability FAQs

1. What is social security disability?

According to the Social Security Act, social security disability is defined 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 12 months".

2. Who is eligible to receive social security disability?

If you are a working person who can no longer do your job because of an illness or injury, you may be eligible for disability benefits. The first requirement is that you must have paid into the Social Security Administration for a long enough period and in large enough amounts to be considered insured. Next, you must not be gainfully employed. You must also be under a disability which has lasted or is expected to last 12 months or more and your disability must be severe enough to keep you from doing your past job. To determine if you are eligible, Contact Heard and Smith.

3. How do I apply for social security disability?

You can apply at any Social Security office as soon as you become disabled. You may also file by telephone. Note that while you may receive back benefits from the date you became disabled, they are limited to one year before the date you filed for benefits. It is best to seek the advice of a social security disability attorney before filing.

4. What happens if my claim for social security disability is denied?

If social security denies your claim or you disagree with any part of their decision, you may appeal the decision. You have 60 days from the time you receive your denial letter to file an appeal. You are entitled to have a lawyer help you with your appeal. Note that it is very common for social security disability claims to be denied. In fact, about 65% of all applicants are denied benefits the first two times they apply for Social Security Income or Disability benefits.

5. How is social security disability paid?

Disability benefits are paid under two programs by the Social Security Administration: 

• Social Security Disability Insurance - pays benefits to you and certain members of your family if you are insured, meaning that you worked long enough and paid Social Security taxes.

• Supplemental Security Income - pays benefits based on financial need.

6. Do I need a lawyer to file for social security disability?

It is not required, but is recommended. However, as stated above, most applicants are not granted social security disability the first time they file and must file an appeal to win their claim. An experienced attorney can assist you in filing social security disability claims the first time and assist with appeals, if necessary. Experienced social security disability attorneys at Heard and Smith know the laws and procedures for filing claims.