Social Security Disability FAQs

The firm's Social Security Disability practice is focused on obtaining benefits for people who are not able to return to work due to illness or injury.

Frequently Asked Questions about Social Security Disability

• I was recently diagnosed with cancer and am unable to work.
  Do I qualify for Social Security Disability benefits?
• I filed an initial application for Social Security Disability Insurance (SSDI) benefits and was denied. Should I appeal this denial?
• I hurt my back a long time ago. Just recently, I had back surgery. I haven't been able to work for six months.  I don't know if I'm going to be able to return to work. Am I eligible for Social Security Disability benefits?

Q. I was recently diagnosed with cancer and am unable to work. Do I qualify for Social Security Disability benefits?

A. You should apply. You may qualify for Social Security Disability Insurance (SSDI) benefits. Cancer, HIV, and other life-threatening or disabling diseases are generally qualifying disabilities that are compensable. Serious, debilitating injuries, such as spinal injuries that require surgery or result in significant impairment, may also qualify an individual for SSDI benefits. To qualify for benefits, you must generally have a steady employment and income history for at least five out of the ten years before the onset of your disability.

Additionally, you must prove that you are incapable of engaging in substantial, gainful employment for 12 consecutive months. This is proven with medical records and your doctor’s opinions about your limitations and losses of function. You may be called upon to testify before an Administrative Law Judge. Once you obtain an award of benefits, you will receive a lump sum for any past due benefits and will receive monthly disability benefits thereafter. After receiving benefits for two years, you will also be eligible to receive Medicare Insurance benefits.

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Q: I filed an initial application for Social Security Disability Insurance (SSDI) benefits and was denied. Should I appeal this denial?

A: You should always appeal the denial of an initial application for SSDI benefits. The vast majority of claimants who eventually receive SSDI benefits are turned down on their initial application. Most claimants are awarded SSDI benefits after they are found disabled by an Administrative Law Judge (ALJ). A mistake many claimants make when they receive a denial of their initial claim for benefits is to fail to request a hearing before an ALJ. As a result, they risk losing past-due benefits to which they may be entitled and slow the process of obtaining SSDI benefits. When a hearing is requested before an ALJ, a claimant may present new evidence and the judge is not bound by any previous determination that the claimant is not disabled. Consequently, it is important to timely appeal a denial of an initial application for benefits. Attorney fees are limited to 25% of the past due benefits not to exceed $5,300. As such, our attorneys can help reverse a denial for a moderate fee. There is no attorney fee if the appeal is unsuccessful.

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Q: I hurt my back a long time ago. Just recently, I had back surgery. I haven't been able to work for six months. I don't know if I'm going to be able to return to work. Am I eligible for Social Security Disability benefits?

A: Perhaps. Since you may be restricted from working for at least one year, you should consider filing an application for Social Security Disability Insurance benefits (SSDI). SSDI eligibility is conditioned on your inability to work for one year or more. However, the approval process can be tedious and take more than six months. If you know that you will be off work for a year, start the process now. Your application for SSDI benefits may be close to approval by the time you are eligible for benefits. If you are able to return to work, your application may be withdrawn without penalty. In order to be eligible for SSDI, normally you must have worked and contributed to Social Security for at least five of the last ten years. After receiving benefits for two years, SSDI also provides for Medicare health insurance coverage.

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