Q: What is the test that the Social Security Administration uses to determine if a person is qualified to receive Social Security Disability Benefits?

A: Social Security defines ‘disability” as meaning when a person is unable to engage in any substantial gainful activity by reason of any medically determinable physical condition or mental impairment which can be expected to last for a continuous period of not less than 12 months or result in death.

Q: What is the difference between Social Security Disability (SSD) and Supplemental Security Income (SSI) benefits?

A: Social Security Disability benefits or SSD is paid to people who have worked in the recent years and have earned enough “credits” to qualify if they are disabled. Supplemental Security Income benefits or SSI is paid to people who are poor and disabled even if such people have not worked enough to have built up enough credits to qualify for SSD. Social Security Disability benefits pay a higher rate than Supplemental Security Income.

Q: What is the procedure to apply for Social Security Disability benefits?

A: The Social Security Act requires people who want to apply for Social Security Disability benefits to make the first application themselves. This can be done at a Social Security office or on-line. The Social Security Administration then begins the process of gathering medical information to determine if the applicant is unable to engage in any substantial gainful activity by reason of any medically determinable physical condition or mental impairment which can be expected to last for a continuous period of not less than 12 months or result in death. Many times truly deserving people are denied benefits by the Social Security Administration. Those people who are denied then have 60 days to file an appeal. People who feel that they were unjustly denied Social Security Disability benefits should contact a lawyer experienced in handling such cases. Certain conditions give applicants a presumption in their favor. Sometimes the age of an applicant helps them obtain benefits.

Q: What happens at a Social Security hearing?

A: Generally, when a person files an appeal the case is set up for a hearing before an administrative law judge. At the hearing in addition to the judge there usually is a vocational expert whose job it is to testify as to the availability of jobs for individuals with various levels of impairment. The judge then issues a written decision.

Q: I cannot afford to hire an attorney to appeal my Social Security denial. How can I hire an attorney?

A: Attorneys fees must be approved by the Social Security Administration. All of these cases are handled on a contingency, meaning that the attorney fee is contingent upon winning the case. If the applicant does not win, there is no fee. The fee is usually 25% of past due benefits up to a maximum of $5,250.00. Therefore, the applicant pays the attorney indirectly out of past benefits that the government owes. The applicant never pays the attorney directly. Therefore, if you have been turned down for Social Security Disability see an attorney immediately. You can afford it.