Q: When is a person eligible for social security disability?

A: As soon as your injury prevents you from working, you can file for social security disability insurance. You are eligible if your injury will keep you from working for at least 12 months. You should apply for social security disability as soon as possible, since it can take quite some time for the Social Security Administration to review your claim. If you are awarded social security disability insurance, you may be eligible for retroactive payments. Regardless of how quickly your application is processed, you will not be able to receive benefits until 6 months after your date of onset. You will not be awarded retroactive benefits for that period of time.

Q: How do I apply for social security disability insurance?

A: To submit a claim for social security disability, first contact your local Social Security office or apply online via the main Social Security web site. An interview with your claims representative will be scheduled. That interview can be done in person or via telephone. Your claims representative will be your point of contact through the application process and will assure that you fill out the appropriate paperwork. If you are unsure if you qualify for SSDI (social security disability insurance) or SSI (supplemental security income), your claims rep can help you. That representative can assist you with any submission for retroactive payments of social security disability, if applicable.

Q: Is there anything I can do to increase the likelihood that my social security disability claim will be approved?

A: A fair number of applications for social security benefits are not approved. But there are many things you can do to increase the chances that your claim is awarded. The most important thing to do is assure that you have submitted your paperwork correctly. By staying in touch with your claims representative, you can easily know if anything required is missing. The next step is to assure that your doctor is on your side and backs your decision to file for social security disability benefits. A detailed letter about your condition written by your treating physician is an asset to your file. The third thing you can do is to make sure your most recent medical records have been submitted for your claim. Waiting for requested medical files is the number one reason most claims are delayed. Lastly, be cooperative, meet deadlines and check in on your file. Finally, make sure you do not miss deadlines for paperwork, keep in touch with your claim representative to know where your file is in the process and always be courteous (no matter how frustrated you may get at times.)

Q: If your application for social security benefits has just been denied, should you hire a social security attorney?

A: If you were denied benefits after you applied for disability, you do not need to hire a social security attorney to appeal. A fair number of people who wish to appeal their cases, however, obtain the services of an attorney at this point. The next step is to file a reconsideration. Most cases are still not approved when reconsidered. The next step would then be to file an appeal to have your claim heard before an administrative judge. A hearing is your last opportunity to present your case. Having a social security attorney on your side after your application is initially not approved can help you give your case the best chance possible. To have your case heard before an administrative judge, it is not mandatory to be represented by a lawyer. Nevertheless, most claimants that win after a hearing have a lawyer.

Q: How do you find a good social security attorney?

A: If you know someone who was happy with an attorney they hired for a disability case, this is the best place to start. If you do not know of any recommendations, hop online and see if you can find any reviews for an attorney who handles your type of claims. Once you find some attorneys, make a list of basic questions you plan to ask any candidates. First, find out what percentage of cases the lawyer handles are disability cases. Having a lawyer who deals with your type of cases a lot will be beneficial. Assure that the attorney has copies of your application, denial notification and health records so he can be well versed on your case when you sit down to meet for the first time. Ask the candidate to explain how the disability process works. Then get specifics on the issues the lawyer sees with your particular case. It is generally not helpful to ask how many cases an attorney has won. Each claim has so many varying factors. It is more helpful to hire a social security attorney that has a lot of disability expertise and who has taken the time to know your particular issues.

Q: Is it wise to submit a new application if you were not approved for disability insurance?

A: It is generally not a good idea to simply apply again after you were initially denied. Your next step is to file for reconsideration. You must submit your appeal within 60 days of the date when your initial application was denied. If your case is not approved after reconsideration, you will then move on to the hearing phase. By applying all over again, instead of appealing, you will significantly delay your opportunity to have your case reconsidered or heard before a judge.