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There is no simple answer to this question. One reason is that there is no simple way to determine whether an individual is disabled. Most people who are disabled suffer from pain. There is no way of determining whether or not another individual is in pain, much less how much pain they are in. A second reason is that Social Security over the years has been more concerned with making sure that everyone who is receiving Social Security disability benefits is "truly" disabled than with making sure that everyone who is disabled receives Social Security disability benefits. An underlying reason is that Congress has always believed that, given a chance, many people will "fake" disability in order to get benefits. 2. What is "reconsideration"? When a claim for Social Security disability benefits is denied at the initial level, the claimant may then request "reconsideration" of that decision. The case is then sent to a different disability examiner for a new decision. Unfortunately, about 80% of the time the reconsideration decision is the same as the initial decision - a denial. 3. Who makes the reconsideration determination? A disability examiner at the Disability Determination Section makes the reconsideration determination. Most of the time, the claimant does not see the disability examiner or even know his or her name. 4. What are my chances of winning at reconsideration? Statistically, about 20% of the time a claimant wins at reconsideration. 5. Do I have to go through reconsideration? If you want to appeal a denial of Social Security disability benefits, you have to go through reconsideration. There is no way to avoid it. 6. How long does it take to get a hearing on a Social Security disability claim? There is much variation around the country. In a few areas of the country the wait is only three months. In a few areas of the country the wait is more than a year. 7. What is the Social Security hearing like? The hearings are fairly informal. The only people likely to be there are the judge, a secretary operating a tape recorder, the claimant, the claimant's attorney, and anyone else the claimant has brought with him or her. In some cases, the Administrative Law Judge has a medical doctor or vocational expert present to testify at the hearing. There is no jury nor are there any spectators at the hearing. There is no attorney at the hearing representing Social Security trying to get the judge to deny the disability claim. 8. What are my chances of winning at a hearing? Statistically, over half of the claimants who have a Social Security disability hearing win. 9. If I get on Social Security disability benefits and get to feeling better and want to return to work, can I return to work? Certainly you can return to work. Social Security wants individuals drawing disability benefits to return to work and gives them every encouragement to do so. For persons receiving Disability Insurance Benefits, Disabled Widow's and Widower's Benefits, and Disabled Adult Child Benefits, full benefits may continue for a year after an individual returns to work. Even thereafter, an individual who has to stop work in the following three years can get back on Social Security disability benefits immediately without having to file a new claim. In SSI cases, things work a differently, but there is still a strong encouragement to return to work. 10. Do I really have to hire a lawyer to represent me in my Social Security disability claim? No. You can go through all of the levels of review on your own, if you wish, but statistically claimants who are represented by an attorney win a good deal more often than those who are not represented. 11. How do lawyers who represent Social Security disability claimants get paid? In almost all cases, the attorney receives one- quarter of the back benefits if the claimant wins and no fee if the claimant loses. 12. Can alcoholics and drug addicts really get Social Security disability benefits? Not anymore. There never were all that many people getting Social Security disability benefits on account of alcoholism or drug addiction, but Congress has now prohibited Social Security from paying disability benefits on the basis of alcoholism or drug addiction. However, alcoholics and drug addicts have heart attacks, get cancer or get sick in other ways just like everyone else. Alcoholics and drug addicts who become disabled apart from their alcoholism or drug addiction can become eligible for Social Security disability benefits. 13. I am disabled, but I have never worked at public work. Can I get Social Security disability benefits? If you are poor enough, you can qualify for Supplemental Security Income (SSI) if you are disabled, even if you have never worked in the past. It is also possible to qualify for Disabled Adult Child Benefits on the account of a parent if you became disabled before age 22 or for disabled widow's or widower's benefits on the account of a late husband or wife. 14. I have a daughter who has been disabled by cerebral palsy since birth and has never been able to work. Can she get disability benefits from Social Security? Very possibly. If the child is under 18 and you are poor enough, the child may be able to qualify for SSI child's disability benefits. If the child is over 18, she may be able to qualify for SSI disability benefits without regard to the income of her parents. If her father or mother is drawing Social Security benefits of some type or is deceased, the child may be eligible for disabled adult child benefits. 15. My doctor says I am disabled so why is Social Security denying my Social Security disability claim? Social Security's position is that it is not up to your doctor to determine whether or not you are disabled. It is up to them and they will make their own decision regardless of what your doctor thinks. If you would like to file a claim for SSI benefits or know about weather you qualify for SSI or SSI Disability request info or call us today Toll Free 866-432-0382
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