Frequently Asked Questions (FAQ)
General Information about Disability Benefits
How do I know if I qualify for disability benefits?
What is the difference between Supplemental Security Income (SSI) and Social Security Disability benefits?
Can I apply for both SSI and Social Security Disability benefits?
What happens to my benefits if I am unable, mentally or physically, to handle my own affairs?
Can my SSI or Social Security Disability benefits be garnisheed by creditors?
Can my benefit be reduced or terminated for any reason?
Supplemental Security Income (SSI) Disability Benefits
Can the amount of my SSI be affected if I am living in someone else's home, but am not an immediate member of the family?
Are my spouse or children entitled to any benefits if I receive SSI?
Can both my spouse and I receive SSI?
Can I apply for SSI for my disabled child?
Can I apply for SSI for my disabled child if I am also receiving SSI for my own disability?
How long may a disabled child draw SSI?
If I receive SSI disability benefits, will I qualify for medical benefits?
If I receive SSI, can I still work?
Am I entitled to draw State unemployment benefits at the same time as SSI benefits?
Are SSI benefits taxable?
Social Security Disability Benefits
How much can I expect to draw in Social Security Disability?
Is my spouse entitled to any benefits if I receive Social Security Disability benefits?
Are my children entitled to any benefits if I qualify for Social Security disability benefits?
Is a child entitled to any Social Security benefits if his or her parent is deceased?
Can I apply for Social Security Disability benefits for my disabled child?
Can I apply for Social Security benefits for my disabled child who is under 18 if I am receiving Social Security benefits myself?
Can I apply for Social Security benefits for my disabled adult child who is over 18 if I am receiving Social Security benefits myself?
If I receive Social Security disability benefits, will I qualify for medical benefits?
If I receive Social Security disability, can I still work?
Am I entitled to draw State unemployment benefits at the same time as Social Security Disability benefits?
Are Social Security Disability benefits taxable?
Filing for Disability Benefits
How do I file my first request for disability benefits?
How long does it take to find out from Social Security if my first request for benefits has been approved or denied?
If my first application for disability benefits is denied, is there anything I can do?
If my initial application is denied and I appeal, how long does it take to find out from Social Security if my appeal for disability benefits has been approved or denied?
Hiring Mr. Duty to Represent You
What does Mr. Duty charge?
When is the best time to contact you about representating me?
What is the actual process of hiring Mr. Duty?
For what reason could Mr. Duty decide to stop representing me?
Can I terminate Mr. Duty's representation?
Contacting Us
If I have questions about my case after I have filed my application, who should I contact?
Can Mr. Duty contact the Social Security office for me to speed up my application?
Who do I ask if I have more questions?
General Information about Disability Benefits
How do I know if I qualify for disability benefits?
Generally speaking, disability is defined as the inability due to mental or physical impairments to engage in substantial gainful activity (SGA) that lasts or can be reasonably be expected to last for one year, or result in death. SGA is basically defined as work that produces predetermined earnings that amount in 2009 to $1,640 for qualified blind individuals and $980 for all others. The amount is increased each December according to the cost of living increase calculated by the Consumer Price Index published by the US Department of Labor.
The Social Security office has an online screening tool that can help you decide if you might be eligible. However, before a determination can be made that you are medically disabled, you must show that you are not currently working (although a minimal amount of work is permitted, at least in regard to Social Security disability). You then must establish that you are unable to perform any substantial gainful activity (SGA) in which you have engaged in the past 15 years (even if such jobs no longer still exist). Finally, you must show that you are not able to do any other kind of work, even lighter jobs if they exist in significant numbers anywhere in the National economy.
What is the difference between Supplemental Security Income (SSI) and Social Security Disability benefits?
SSI requires no work history, but only pays a minimum amount, although it increases each year. In 2009, SSI is $674 a month. You must also have no income greater than the amount of the SSI to which you would be entitled because your entitlement will be reduced dollar for dollar by your income. An individual is entitled to have no more than $2,000 in resources (assets such as savings, investments, personal property other than that needed for basic needs including your clothing and automobile, and real estate other than your home). A couple who are both receiving SSI are entitled to no more than $3,000 in resources. A couple who are both drawing SSI will together receive approximately one and a half of the benefit for an individual. However, this only applies if they are living together. All income coming into the household will be counted and averaged among all members living in the household and your SSI benefit will be reduced by the amount of your share of the income.
Social Security Disability usually pays more, but you have to have worked for a long enough period of time to qualify for it. To be eligible for Social Security Disability, you must have earned 20 "quarters" of credits during the 40 quarters of time up to the date that disability begins. A "quarter" is a three-month period of time. There are four quarters in each year. In most cases this means you must have worked 5 out of the past 10 years before becoming disabled. Fewer quarters are required for people below 31 years of age. You receive a quarter of coverage if you earn on average the minimum amount, which is adjusted each year. In 2008, it was $910 per quarter. In 2009, it is $1,050 per quarter.
Can I apply for both SSI and Social Security Disability benefits?
Yes. However, while you may apply for both, you will only receive Social Security Disability if the monthly benefit is greater than the monthly maximum SSI benefit for which you qualify. If the monthly benefit for Social Security Disability is less than your SSI would be, you will first receive Social Security Disability benefits and then the difference in SSI up to the total allowable benefits for which you would qualify for SSI only.
Can my SSI or Social Security Disability benefits be taken to pay my debts?
Yes and no. Creditors who obtain judgments against you may garnishee at least a reasonable portion of your Social Security benefits to pay your debts. Although your benefits are deemed to be assets subject to bankruptcy, as a general rule bankruptcy trustees will waive them. SSI cannot be garnisheed for unpaid child support, but the amount of your SSI can be considered in setting the amount of child support to which you may be required to pay.
What happens to my benefits if I am unable, mentally or physically to handle my own affairs?
Although there are many aspects to this question, in general, a third party Payee (usually a friend or relative) will be appointed by the Social Security Administration to administer your funds. If you are competent, your preference of a Payee will be given substantial weight. A Payee then stands in your stead. He or she may pay your pre-existing debts (those incurred before you received your first benefit payment). However, her or she must maintain a fund that is large enough to provide for your support and maintenance, which is generally set at benefits for approximately two months. A Payee must pay outstanding debts to the IRS, overpayments owed to the Social Security Administration, and obligations upon which a legally garnishment has been imposed. A Payee who is also a creditor cannot pay him or herself without the permission of the Social Security Administration, except in the case of an institution providing care and support (such as a nursing home). Such an institution need not obtain permission to pay for your care and treatment, except that it must maintain a small fund for personal needs that usually amounts to $60 per month. A Payee may only receive compensation for Payee services if authorized by the Social Security Administration.
Can my SSI or Social Security Disability benefits be garnisheed by creditors?
Yes. Social Security benefits, whether Disability or retirement, can be garnisheed by any creditor but the creditor must go through the proper legal proceedings applicable in the state where you reside, which usually requires approval by a court. SSI can be garnisheed for unpaid child support, defaulted student loans, and taxes. Be reassured, though, that any court granting a garnishment will limit the amount taken to a reasonable figure and will not take your entire benefit or deduct so much that you will endure undue hardship.
Can my benefits be reduced or terminated for any reason?
Yes, if you engage in work for which you receive excess earnings or if your health improves to the extent that you are able to engage in Substantial Gainful Activity (SGA). Your benefits may also be terminated or reduced if you receive an overpayment, whether caused by your error or the Social Security Administration's error. The amount of a reduction is usually minimized to allow you to repay the overpayment while still retaining enough benefits to live on. Also, an overpayment may be waived under limited circumstances if it wasn't caused by fault on your part. However, an overpayment resulting from an error by a Social Security Administration employee is not considered grounds alone for waiver. This is a very specialized process that should be discussed with Mr. Duty.
Benefits will be suspended during the term of any criminal incarceration and will be terminated if the incarceration lasts longer than a year. If you are released in less than a year, you need only file for reinstatement. If your benefits have been terminated due to incarceration longer than a year, you may reapply for benefits, but will be starting from scratch.
Supplemental Security Income (SSI) Disability Benefits
Can the amount of my SSI be affected if I am living in someone else's home, but am not an immediate member of the family?
Yes. If you are living in the household of another and are receiving support and maintainance, your SSI benefits will be reduced by one third.
Are my spouse or children entitled to any benefits if I receive SSI?
No.
Can both my spouse and I receive SSI?
Yes, but each of you must qualify independently. You cannot qualify based upon your spouse's entitlement. In addition, a married couple living together and both receiving SSI can only draw 1.5 benefits. If you live apart, you can each draw a full benefit.
Can I apply for SSI for my disabled child?
Yes. A child younger than 18 years may qualify for SSI disability. At age 18, they must apply for SSI disability as an adult.
Can I apply for SSI for my disabled child if I am also receiving SSI for my own disability?
Yes. You can seek SSI for a disabled child even if you are receiving SSI disability yourself, but the total income received in the household will be combined to determine the amount of SSI to which each beneficiary is entitled. So your SSI amount could be decreased if your child receives SSI.
How long may a disabled child draw SSI?
Until age 18.
If I receive SSI disability benefits, will I qualify for medical benefits?
Yes, you will be entitled to Medicaid (not Medicare) as soon as you begin receiving SSI benefits. Every state also provides Medicaid (not Medicare) coverage under certain limited circumstances without requiring SSI qualification.
If I receive SSI, can I still work?
No. Because every dollar earned will be deducted from your SSI benefit.
Am I entitled to draw State unemployment benefits at the same time as SSI benefits?
There is nothing in the law or regulations that prohibits drawing both types of benefits at the same time. However, to qualify for State unemployment benefits, you are
usually required to certify that you are ready, willing, and able to work, and this is inconsistent with the total inability to work that is required to qualify for Social
Security disability. As a result, many Social Security judges will not establish an onset date for your disability until after you cease drawing State unemployment benefits. There is also the additional problem that any income received will reduce your SSI benefits dollar for dollar. Therefore, you are well advised to discuss the pros and
cons of seeking or extending State unemployment benefits with Mr. Duty if you plan to file for Social Security disability.
Are SSI benefits taxable?
No. SSI benefits are not considered income but must be reported on your tax return. Always consult a qualified accountant to ensure that you pay the correct taxes on your benefits.
Social Security Disability Benefits
How much can I expect to draw in Social Security Disability?
The amount to which you are entitled is based upon a very complicated mathmatical formula. For the most accurate figure, you should consult your local Social Security office.
Is my spouse entitled to any benefits if I receive Social Security Disability?
Yes, but only if you have children younger than 16 (and even beyond under certain limited circumstances).
In connection with retirement Social Security Retirement benefits, a spouse at least age 62 may qualify for benefits on the wage earner's account equal to one half of the wage earner's benefits at the same time that the wage earner's benefits begin, which would not be before age 62. This benefit is payable even to
divorced spouses of marriages that lasted at least one year and is not reduced by there being more than one ex-spouse or by the wage earner having remarried.
Widows and widowers become entitled to the same benefit at such time as the deceased wage earner would have qualified if living. However, spousal benefits will not be paid in addition to other benefits, such as those to which the spouse is entitled on his or her own account. This spousal benefit does not attach to disability benefits for which the wage earner may qualify, but when disabilty benefits are converted to retirement benefits, the spousal entitlement begins.
Are my children entitled to any benefits if I qualify for Social Security Disability?
Yes, up to the age of 16. If the child is regularly attending school, entitlement may continue up to to 19 years and 2 months of age or until he or she leaves school, whichever comes first. Under certain circumstances, grandchildren may also be included.
Stepchildren and grandchildren may also be entitled to benefits under certain circumstances. Check with your local Social Security office.
Is a child entitled to any Social Security benefits if his or her parent is deceased?
Yes, until age 16, but the parent must have earned a minimum number of quarters of coverage. If the child is regularly attending school, entitlement may continue up to to 19 years and 2 months of age or until he or she leaves school, whichever comes first.
Can I apply for Social Security Disability for my disabled child?
While no disability benefits are provided under the Social Security Act for children younger than 18, any child older than 18 years may qualify for "Disabled Adult Child Benefits" if the disability begins before age 22 and he or she is not married.
Can I apply for Social Security Disability for my disabled child who is under 18 if I am receiving Social Security Disability myself?
No. A disabled child under 18 is already entitled to benefits as a dependent.
Can I apply for Social Security Disability for my disabled adult child who is over 18 if I am receiving Social Security Disability myself?
Yes. A disabled adult child may qualfy for disability benefits on a disabled parent's Social Security account beginning at age 18. An adult child older than 18 may also apply on his or her own account if he or she has earn enough quarters of coverage.
If I receive Social Security Disability, will I qualify for medical benefits?
Yes, you will be eligible for Medicare two years after you begin receiving benefit payments, except in cases of renal failure and ALS (Lou Gehrig's disease), for which there is no wait.
Incidentially, you are also entitled to Medicare in connection with Social Security Retirement (which is different from Social Security Disability), and there is no two-year waiting period. In fact, even if you do not qualify for Social Security Retirement until later than age 65, you will still qualify for Medicare at age 65.
If I receive Social Security Disability, can I still work?
Yes, you may engage in some restricted work activity, but you are limited in the amount that you can earn and how long you can continue working. Check with Mr. Duty about these limits.
There are different rules that apply, however, between Social Security Disability benefits and retirement and survivor's insurance benefits. On retirement and surivor's insurance benefits, while you may earn up to a certain amount, it is limited and when the maximum is reached, your benefits will be reduced dollar for dollar. In 1967, the maximum earning amount was approximately $12,000, but has been raised incrementally each year. At age 72 and above, there are no limits on earnings.
Click here to learn more about Social Security Disability benefits
Am I entitled to draw State unemployment benefits at the same time as Social Security disability benefits?
There is nothing in the law or regulations that prohibits drawing both types of benefits at the same time. However, to qualify for State unemployment benefits, you are
usually required to certify that you are ready, willing, and able to work, and this is inconsistent with the total inability to work that is required to qualify for Social Security disability. As a result, many Social Security judges will not establish an onset date for your disability until after you stop drawing State unemployment benefits. Then there is an additional five month waiting period before benefits begin. Therefore, it is important to discuss the pros and
cons of seeking or extending State unemployment benefits with Mr. Duty if you plan to file for Social Security disability.
Are Social Security Disability benefits taxable?
Yes, if your income exceeds $25,000 per year. Social Security Disabilty benefits must be reported on your tax return as taxable income. Always consult a qualified accountant to ensure that you pay the correct taxes on your benefits.
Filing for Disability Benefits
How do I file my first request for disability benefits?
It is not necessary to retain an attorney to assist in filing your application, but Mr. Duty can help you complete your application so it has the best chance to be accepted. If you hire Mr. Duty, he will fill out all the paperwork on your behalf and help you include the best information to support your case.
If you decide to file your first request for disability benefits without hiring an attorney, you can file either online or in person at a local Social Security office. They have staff who can assist you in filling out and filing your application for benefits both by phone (800-772-1213) and at the local offices. They even have a Disabilty Starter Kit to make the process easier.
When applying, be sure to include all your impairments, both physical and mental, unless very minor and insignificant. Don't try to chose between impairments, including those that are physical and mental, because every impairment can be considered in determining your disability eligibility and you never know what will be important. Anything you file with your lawyer or Social Security will be held in strict confidentiality.
How long does it take to find out from Social Security if my application for benefits has been approved or denied?
Although no time limit is guaranteed, you should hear back in 30-60 days after filing.
If my application for disability benefits is denied, is there anything I can do?
Yes. You can appeal the denial. This is called a "Request for Reconsideration." The further you go in the process, the more complex it can be become and the more helpful it can be to obtain advice and help from an attorney.
If my initial application is denied and I appeal, how long does it take to find out from Social Security if my appeal for disability benefits has been approved or denied?
You should be prepared to wait several months. The Social Security disability process requires far more time than it should, and there is virtually nothing that you or even an attorney can do to speed up the process.
Hiring Mr. Duty to Represent You
What does Mr. Duty charge?
- There is no charge for your first consultation.
- There is no fee unless Mr. Duty wins your case, although you may be required to reimburse Mr. Duty for reasonable expenses paid out of his own pocket that are necessary for developing your case.
- In most cases, it will not be necessary for you to pay Mr. Duty directly. Social Security will deduct his fee from your retroactive benefits and pay him separately.
- In rare instances, however, when Social Security inadvertantly fails to withhold Mr. Duty's fee from your benefits, Mr. Duty will attempt to work out a reasonable arrangement for you to pay his fee. If he cannot work out such an arrangement, Social Security will withhold his fee from your future benefits.
- In all Social Security claims, we abide by the implied Congressional limitation on attorney’s fees which authorizes automatic approval by the Social Security Administration of $6,000 or 25% of retroactive benefits, whichever is least if the claim is approved at or prior to a hearing before a Federal Administrative Law Judge.
If the case progresses further on appeal beyond the initial hearing before a Social Security Judge to additional levels such as the Appeal Council and/or a Federal Court, and is either paid or sent back for a new hearing which results in a favorable decision, then a fee of greater than $6,000 if approved, can be awarded by the Social Security Administration. But in our fee agreement we agree absolutely not to charge more than 25%.
When is the best time to contact Mr. Duty about representating me?
The best time to contact Mr. Duty to represent you is when you are convinced that you need help. It is not necessary to employ an attorney to assist in filing your application, but Mr. Duty can help you complete your application so it has the best chance to be accepted. In seeking our representation, we urge clients to consult us as early as possible in order to allow for adequate preparation time.
If you choose to file your application for disability benefits without the assistance of a lawyer and your application is denied, Mr. Duty is available to help you file an appeal.
What is the actual process of hiring Mr. Duty?
Contact our office for an appointment when you will meet with Mr. Duty's staff who will help you fill out the complicated paperwork required by Social Security. Depending on his workload and availability, Mr. Duty may not be able to meet you personally at that time. But he does want to meet and get to know you, and will do so as soon as he has had an opportunity to review your file.
For what reasons could Mr. Duty decide to stop representing me?
Mr. Duty reserves the right to withdraw as your lawyer, as provided in your employment agreement with him, for good cause, including the following reasons:
- If, after carefully reviewing the facts and the law, he decides that you do not have a viable case
- Failure to reveal all relevant information, even if you think it may hurt your case
- Failure to meet financial obligations to which you have agreed
- Failure to notify him of changes in address
- Drug or alcohol abuse, especially if recent
- Refusal to go for medical exams scheduled by Mr. Duty's office or Social Security
- Going back to work and earning more than the amount allowed, especially “under the table," which could be fraud
- Discourtesy to Mr. Duty or his staff
He may also withdraw if you are uncooperative because your cooperation in completing paperwork, attending meetings with Mr. Duty or Social Security, and responding to phone calls, emails, or letters from Mr. Duty and Social Security is essential to his ability to convince Social Security to give you benefits.
Can I terminate Mr. Duty's representation?
Yes.
Contacting Us
If I have questions about my case after I have filed my application, who should I contact?
Contact us directly. DO NOT contact judges, Social Security, or elected officials.
Can Mr. Duty contact the Social Security office for me to speed up my application?
No. Mr. Duty has a firm policy that he will not ask to have one case put ahead of others unless a client’s disability is terminal. However, Mr. Duty routinely checks on the status of all his cases to make sure that your applicaton is still being processed and to assure that the case is progressing normally. DO NOT contact judges, Social Security, or elected officials to improve chances of success or speeding up the case. Such outside intervention may actually result in delays.
Who do I ask if I have more questions?
Feel free to contact Mr. Duty's office about any other questions that you may have. If the staff cannot answer your question, you may ask to talk to Mr. Duty personally. Due to a substantial client and work load, Mr. Duty may not be available to take your call immediately, but he will return it as soon as he can in the next few days. Please be patient.
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