2. My wife doesn't have enough work to qualify for Social Security or Medicare. Can she
qualify on my record? Answer

3. How long must you be married to a spouse to collect benefits when the spouse dies? Answer

4. Can I apply for my ex-husbands benefits if we are divorced?
A claimant can apply for benefits based on his or her divorced spouse’s earnings record. If you were married to your
ex-spouse for 10 years, are, at least, 62 years old and are currently unmarried you would qualify.

5. Can a non-citizen receive Supplemental Security Income benefits? Answer

6. I am receiving Social Security disability benefits. Will my benefits be affected if
I work and earn money? Answer

7. What are the requirements for a survivor to receive Social Security benefits? Answer

8. If I reapply for disability, will my wait be as long as it was the first time? Answer

9. Can Veterans gets Social Security Disability Benefits and VA Benefits? Answer

10. What does the Social Security Administration ("SSA") mean by the term, "disabled?"
SSA considers a person "disabled" if he or she: (1) lacks the ability to engage in any substantial gainful activity; (2) the incapacity is due to one or more medically determinable physical or mental impairments; and (3) the incapacity has lasted or can be expected to last for a continuous period of at least 12 months or to result in death. (Other guidelines govern blindness and claims of disabled children.) Applicants must supply SSA the evidence that proves that their condition meets these criteria. "Substantial gainful activity" is defined as working on a regular and continuing basis and earning over $830 a month (in 2005).

11. If I get approved for social security disability or ssi, how far back will they pay me? Answer

12. How Do I Qualify for Social Security Disability? Answer

13. How do I apply for Social Security Disability Insurance benefits?
You can apply for Social Security Disability Insurance benefits in-person at any SSA office, or by telephone and mail. Going in-person for your disability interview will get you free advice from the claims representative, an examination of your papers for errors and oversights, an opportunity to correct them before the papers are filed, and the opportunity to demonstrate your honesty and credibility to a representative of SSA. However, to save time, SSA may try to persuade you not to come to the office and may instead propose a telephone interview. For the reasons given above, an in-person interview may be more beneficial to your claim. You have the right to an in-person interview. If SSA does not allow you one, ask the office of your U.S. Senator or Member of Congress how to obtain an in-person interview. Or visit ssdhelplineattorney.com

14. What information do I submit with my Social Security Disability Insurance claim? Answer

15. My doctor says he will not write a report; will only fill out the SSA forms; is that okay?
Very few doctors in private practice know how to write disability reports that satisfy the exacting standards that SSA applies in evaluating medical evidence. This is not surprising, because SSA typically does not furnish treating doctors a full set of evaluation criteria. However, SSA evaluates their reports as if treating doctors knew the criteria.

• Treating doctors typically fill out an SSA form that has10 questions. Government doctors then evaluate these SSA treating doctors' forms, using other SSA forms that have more than 100 questions and multiple choices on physical function and another 100 on mental function. Therefore, it is not surprising that SSA often finds treating doctor reports inadequate; the agency looks for answers to questions it did not ask. The system seems designed to promote inadequate reports. 

16. What Can I Do To Help Win My Case? Answer

• What does SSA do after I file my claim?
  After you apply for Social Security Disability Insurance benefits at an SSA office or by telephone or mail, a claims representative interviews you and identifies all your sources of medical evidence. The representative also confirms that you meet the Social Security Disability Insurance insured status requirements, and sends the case to a state disability determination service ("DDS"). The DDS, operating as an agent of SSA, makes the initial determination of disability or non disability.

• Requesting Reconsideration: If SSA denies the claim initially or makes a serious error in an otherwise favorable decision, you can request reconsideration within 60 days after receiving the notice of decision. The state agency reconsiders the claim, but assigns a different decision-maker than the one who decided the claim initially.

            Note: Ten states do not offer a "reconsideration" appeal stage. As part of a test, SSA has eliminated the "reconsideration" appeal stage in: Alabama, Alaska, California (Los Angeles North and West areas), Colorado, Louisiana, Michigan, Missouri, New Hampshire, New York (Brooklyn and Albany areas), and Pennsylvania. In these states and locales, applicants whose claims are denied in the initial SSA decision can appeal directly for a hearing before an administrative law judge ("ALJ"). This appeal must be made within 60 days of the SSA notice of decision.

  Requesting a Hearing: If SSA reconsiders the claim and denies it, you can request a hearing before an administrative law judge ("ALJ") within 60 days of receiving the notice of decision. An ALJ hearing is like a court hearing or trial, but less formal. You normally testify under oath and submit additional evidence.

  Asking Appeals Council Review: If the ALJ denies your appeal, you may request review by the Appeals Council within 60 days. The Appeals Council also may review an ALJ decision on its own initiative within 60 days after the date of the decision.

  Typical Actions by the Appeals Council: The Appeals Council may affirm, modify or reverse the decision of the ALJ, or may send the case back to the ALJ for further action. SSA notifies you in writing of the final action of the Appeals Council, and of the right to obtain further review by filing suit within 60 days in a U.S. District Court.

  Many appeals result in benefit awards.

• Are there recent changes in Social Security Disability Insurance procedures that I should know about?Several important changes come to mind. Recently SSA gave state disability examiners greater latitude to approve meritorious claims in the initial claim decision. That happened because the agency found that many denied claims eventually were approved when claimants appealed them.
  
  Also, in ten states SSA is testing a major new disability decision-making process (see "Different  Disability Decision Process in Ten States"). At the same time, SSA is trying to restrain ALJs because the agency thinks they make too many decisions favorable to applicants  At the same time, SSA is trying to restrain ALJs because the agency thinks they make too many decisions favorable to applicants.

  These changes are important because they remove one level of appeal (reconsideration) in ten states and de-emphasize reconsideration in the other states, commonwealth, and territories.  We conclude that wise applicants will focus their maximum effort on proving disability at the initial stage of the claim process, rather than doing a mediocre job at the initial stage and hoping to overcome an unfavorable decision by appealing.

• Where can I find out about other federal or state assistance for my disability?
  To learn about federal or state assistance that may be available to people with disabilities, check with the social services department of your clinic or hospital; state and local social services agencies; private nonprofit health groups; and your state vocational rehabilitation agency. Click here for examples of state and local resources. Or go to http://www.govbenefits.gov/ for a federal perspective.
• Where can I get more help with my disability claim?

  For information about legal representation, visit ssdhelplineattorney.com or socialsecurityhelpline.com

• I Am Receiving Workers' Compensation Benefits - Should I Wait To Apply?
  No. Your receipt of workers' compensation benefits will not affect your eligibility for Social Security benefits. Thus, you should not wait to apply. However, you should consider consulting with an attorney prior to applying as your receipt of workers' compensation benefits may reduce or eliminate the Social Security disability payment you would otherwise receive.
  
  
• What you don't know about Unemployment Insurance can hurt you.
  If you are unable to work due to a disability, you should not apply for Unemployment Insurance. Some people who have a disabling condition at the time of job loss--for example, a lay off--apply for Unemployment Insurance instead of State Disability Insurance. They may not know about the State Disability Insurance (SDI) program. The SDI benefit may provide a higher benefit for a greater period of time if you are unable to work due to a disability. An application to Unemployment Insurance can lead to problems if you are unable to work due to a disability. If you learn about SDI after applying for Unemployment Insurance, it is possible to transition from Unemployment Insurance to SDI when you would normally have continued on Unemployment Insurance benefits.

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