Common Questions – Social Security Disability and SSI.

Many people turn to the Social Security Disability/SSI systems during times of injury or illness for support. These programs provide a monthly income and medical insurance benefits to those who are unable to perform work due to a severe medical impairment. However, the application and appeals processes, for these benefits, can be long and frustrating – so we have put together the answers to some frequent questions that may help.

How long will it take?  

This is probably the most asked question. Many people who have decided to apply for “disability” have already exhausted all other resources. Therefore, it is important to understand that filing for disability  is not a quick process. It does take patience and planning and often the support of your family and friends.

Once you file your initial application (either online, at the Social Security office, or over the phone), it generally takes 3 to 6 months to get a decision from Social Security (in Ohio). If you are denied, you have 60 days to appeal their decision, and once the appeal is filed, it generally takes another 3 to 6 months to get a decision. If you are denied at this level, the next step is to file a request for hearing.

Unfortunately, the wait for a hearing is significantly longer. In Ohio, the average wait for a hearing is 18 to 24 months. It is fairly unusual for a decision to be made at the hearing and it often takes an additional 30 to 90 days to get a written decision from the judge. After a denial at the hearing level, the claim can be appealed several more times, to the Appeals Council, The United States District Court and the Circuit Court. Each of these appeals take approximately 18 to 24 months. SSA.gov provides a helpful video overview of the process here.

Do I Qualify?

First, it is important to understand that the Social Security Administration provides two types of disability benefits to the public, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). (Disclaimer: This is a general overview of each benefit.)

SSDI – a person is eligible for Social Security Disability Insurance (SSDI) if they have earned enough work credits and they have a severe impairment (or combination of impairments) that prevents them from performing any type of substantial gainful activity, for at least 12 months. Social Security calculates the work credits by looking at your history of work. Generally, you need 40 work credits, 20 of which were earned in the last 10 years ending with the year you became disabled. However, younger workers may qualify with fewer credits. More info on work credits.

SSI – a person is eligible for Supplemental Security Income if they are 65 or older, blind, disabled (has a severe impairment or combination of impairments that prevents you from performing work on a sustained basis, for at least 12 months) and has a limited income and resources. Generally, the more income you have, the less your SSI benefit will be. If your  income is over the allowable limit, you cannot receive SSI benefits.

Is everyone denied the first time?

Unfortunately, many people are denied after the initial application. The statistics show that only  about 34% of all applications were allowed at the initial level of review in 2013 and 7% were allowed at the second level (reconsideration) level of appeal. See https://www.ssa.gov/policy/docs/statcomps/di_asr/2014/sect04.html#table62.

If a doctor says I am disabled, will that help?

If you have a doctor that understands your impairments and is willing to document his/her opinion that you are unable to perform work – it is definitely helpful! Social Security reviews these opinions and they should be given more weight because of the relationship that you have with your doctor. However, Social Security adjudicators do not always view these opinions as “controlling” and many other factors are considered in their decisions, including the opinions of any other doctors and Social Security’s medical staff.

Should I hire an Attorney?

An attorney that understands the ins and outs of the Social Security Disability process can provide insight into the strength of your claim, help navigate the appeals process, and take away the frustration of dealing with Social Security. Many people are denied at the initial and reconsideration levels because SSA does not have all of the information needed to make an educated decision. An attorney can make sure that all of your medical records have been submitted to Social Security, can contact your physicians/psychologists to request medical opinions of your ability, can file your appeals in a timely manner, and, most importantly, can make sure that at each level of appeal, the correct procedure was followed and that your voice is heard.

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. Each case is different and we encourage you to contact the Yocum Law Office if you have additional questions about Social Security Disability or SSI. 614-500-3346 or yocumlawoffice.com. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.