Thursday, August 29, 2019

DISABILITY QUESTIONS - ANSWERS

Here are answers to most of your questions about Social Security disability (SSDI) in 2019.  If you have other questions, call us.

1.  How much can SSDI pay if I'm disabled?

Answer:  The maximum benefit in 2019 is $2,866.  The average benefit is about $1,300 per month.

2.  Can I get a short-term benefit?

Answer:  No.  Social Security only pays for an impairment expected to last for at least 12 straight months.

3.  If I become disabled, can I get a benefit started quickly?

Answer:  No.  Unfortunately, it takes about 4 or 5 months to get a decision after you file an application.  Also, SSDI does not pay the first five months of a covered disability.

4.  What conditions qualify for Social Security disability benefits?

Answer:  Any condition that makes it impossible to work a full-time job can qualify if it has lasted or is expected to last for at least 12 straight months or to end in death.  Physical and/or mental impairments may qualify.

5.  Everyone in the United States is covered by Social Security disability, right?

Answer:  No.  SSDI is a program for workers.  Workers pay into Social Security through payroll deduction (FICA tax).  After accumulating the required quarters of coverage, a worker is insured for potential disability benefits.  Most people must have worked at least 5 years (20 quarters) out of the most recent 10 years (40 quarters).  So, if you have gone at least 5 years with no work, you may not be covered for SSDI benefits regardless of how sick you become. Very young workers have different rules for quarters of coverage.

6.  What are my odds of being approved just by filing an application?

Answer:  Based on the national averages, only about 28 percent of claims are paid at the application level.  Others must file an appeal and attend a hearing in order to be approved.

7.  If my doctor says I can't perform my past work, is this enough to get a benefit?

Answer:  Not usually.  Individuals under age 50 must not only be able to perform their recent or past work, but also must be unable to perform any other full-time job which exists in the national economy.  This includes inability to perform unskilled sedentary jobs (which are often minimum wage jobs).

8.  If my application is denied, how long should I expect the appeal process to last?

Answer:  No two cases are alike but most appeals take 12 to 24 months.  Claimants are not paid benefits during the appeal process but may recoup "past due benefits" if the claim is finally approved.

9.  Medical insurance is a big concern.  Do individuals on Social Security disability also get medical insurance?

Answer:  Yes.  Medicare insurance comes automatically with an SSDI award.  However, there is a 29 month waiting period for Medicare.  The waiting period begins with the date the claimant is found to have become disabled, regardless of when the decision is made.  For instance, if a person is found to have become disabled on January 1, 2017, Medicare coverage would begin June 1, 2019.  It doesn't matter when Social Security makes the decision.  The date disability began begins the waiting period.

10.  Do I need a lawyer to apply for benefits?

Answer:  No, not for most cases.  Most individuals simply go online or to the Social Security office and file.  There may be some very unusual or complicated situations where an attorney will be useful right from the start.  However, if your claim is denied and you have to go into the appeals process, an attorney is high recommended at that point.

11.  What if I can't afford to pay an attorney but feel that I need one to help me?

Answer:  You never need to pay an attorney upfront.  No legal fee can be charged until the claim has been decided in your favor and back pay has been awarded.  At that point, Social Security will deduct the approved attorney's fee and pay it directly on your behalf.  So, the attorney's fee comes at the end of a successful claim, not at the beginning..

If you have additional questions, please call us for a free consultation at (256) 799-0297.

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