Frequently Asked Questions

• I am 50% disabled. Do I get 50% of my Social Security disability benefits?
  No. There are no percentages of disability in Social Security disability determination. For purposes of Social Security disability benefits, you are either disabled or not disabled according to the strict Social Security standards. There are no percentages of disability, nor any percentages of disability benefits.
  
  
• I got hurt at work. I am disabled now, but I expect that I will be able to return to work after I recover. Should I file for Social Security disability benefits?
  If you expect to be out of work for a year or more on account of illness or injury, you can file for Social Security disability benefits.
  
  
• I am disabled because of a mental illness. Can mental illness serve as the basis for a Social Security disability claim?
  Yes. Both mental and physical impairments must be considered by Social Security in evaluating disability claims.
  
  
• I am disabled, but I have never worked. Can I get Social Security disability benefits?
  Yes. If you have very limited income and resources, you may qualify for SSI if you are disabled, even if you have not worked in the past.
  
  
• How long do I have to wait after becoming disabled before I can file for Social Security disability benefits?
  Don’t wait! You should apply sooner rather than later. You can apply on the same day you become disabled.
  
  
• Can I receive Social Security disability benefits in addition to Medicare and/or Medicaid?
  Everyone eligible for SSDI benefits is also eligible for Medicare after a 24-month waiting period. Typically, a person receiving SSI is eligible for Medicaid. In most states, a decision will be made by the Social Security administration on an individual’s ability to receive Medicaid. However, in some states, a separate application is needed. Information on SSI and Medicaid in your state is available online. It is possible to get both Medicare and Medicaid if you have a low income and limited resources.
  
  
• How do lawyers who represent Social Security disability claimants get paid?
  Attorney fees are capped at $6,000 or 25% of a claimant's past-due benefits, whichever is less. Attorneys are only paid if the claimant wins. All fees are determined by the Social Security Administration.
  
  
• Is it really better to have an attorney?
  Almost always. The Social Security process is complicated. There are specific deadlines and evidence to be obtained. You have to know what sort of information to get from your doctors. At the hearings there are often doctors and vocational experts who testify, and you will need an experienced litigator to cross-examine them effectively.
  
  
• If I am currently receiving SSA early retirement, can I still apply for SSD benefits?
  Yes, as long as you prove your disability began before age 65.
  
  
• What happens to my disability benefits when I get to retirement age?
  Your Social Security disability check is automatically transferred to the Social Security retirement check. Your check is coming out of a different trust fund, but otherwise, there is no change. Many disabled people are already receiving Medicare, so there is no change there either.
  
  
• What kind of disability benefits can children receive?
  Disabled children under 18 can receive SSI benefits only. The standards for winning a child's benefits are much harder than winning an adult case.