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Social Security Disability - Frequently Asked Questions

If you are disabled and unable to work, you may be eligible for Social Security Disability benefits. For answers to your questions about Social Security Disability, contact our firm to schedule a consultation with an experienced attorney.

Answers to Your Social Security Disability Questions

At the law offices of Calbom & Schwab, P.S.C. in Washington state, we started MySocialSecutiyClaim.com in order to simplify the process of obtaining benefits. Because we have designed a way to keep you informed throughout the process, you will have secure access to your case file 24 hours a day, 7 days a week. Our bilingual call center is open at all times as well, so you always have access to answers and the information you need.

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Social Security Disability - Frequently Asked Questions

Q: How do I know if I am "disabled" enough to qualify for Social Security Disability benefits?

A: The Social Security Administration (SSA) says that a successful applicant for disability benefits must be completely disabled. This is unlike some other programs and insurance policies that assist partially disabled persons. The disability must be a physical or mental impairment that is expected to last at least one year (or has already lasted one year) or will result in the applicant's death. This does not mean, however, that the applicant has to be permanently disabled.

Q: What if my application for benefits is denied?

A: If your application is denied, you may appeal the decision. There are several levels of appeal: reconsideration of your claim; a hearing with an administrative law judge (ALJ); review by the Appeals Council; and review by the federal district court. You have a limited time in which to file the appeals, however. The advice and assistance of an attorney can help you make a stronger case during the appeals process.

Q: If I can work a little bit, can I still qualify for benefits?

A: The Social Security Administration (SSA) says that you must not be able to perform "substantial gainful activity," which means the type of activity a person normally does for pay or profit. If your monthly earnings are below a certain amount (which SSA sets every year), however, you will not be considered to be performing substantial gainful activity. If you are receiving disability benefits but wish to try working, you can take part in nine months' worth of a work trial period, during which SSA will not stop your benefits if you are still disabled.

Q: Is there a work history requirement to qualify for Social Security Disability benefits?

A: Yes. To receive Social Security Disability benefits, you must have both a disability and a sufficient work history. The required work history depends on your age when your disability began; you must have worked for a certain number of years. Your work also must be recent enough to qualify.

Q: Will the amount of my benefits have anything to do with the severity of my disability?

A: No. Your disability benefit will be based on your earnings history, not the specific nature of your disability.

Q: What is the difference between SSDI and SSI?

A: The Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs are both run by the Social Security Administration (SSA). SSDI provides benefits to people who are unable to work because of their disabilities. To be eligible, applicants must have a qualifying work history and be disabled or blind. SSI is a needs-based program. To be eligible for SSI, applicants must have limited income and resources and be aged, disabled or blind.

Q: If my application is approved, when will the benefits start?

A: Benefits typically are paid beginning in the sixth month after the disability started. The application and decision process may take a long time, so it is best to apply for disability benefits as soon as you become disabled.

Q: Can I receive workers' compensation and Social Security Disability at the same time?

A: Workers' compensation benefits may reduce your Social Security Disability benefits, but you can receive them at the same time. If the total benefits exceed 80 percent of your average current earnings, your Social Security Disability benefit will be reduced.

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Information Regarding Legal Topics

  • In a petition for review of the Benefits Review Board's determination that petitioner was not entitled to disability benefits under the Longshore and Harbor Worker's Compensation Act, the petition is denied where psychological injuries that result from legitimate personnel actions are not compensable under the Act. Read More

  • Department of Justice's Bureau of Justice Assistance's (BJA) denial of claim for benefits by plaintiff and her three children under the Public Safety Officers' Benefits Act (PSOB Act) 42 U.S.C. section 3796, is affirmed as the BJA correctly determined that plaintiff's deceased husband did not die as a result of the type of "injury" that is compensable under the PSOB Act. Read More

  • Decision of the Veterans Court holding that 38 C.F.R. section 3.343(a) does not apply to assignments of retrospective staged ratings that include a temporary total disability rating is affirmed as the Department of Veterans Affairs' interpretation of the applicability of the section is not plainly erroneous or inconsistent with the regulation. Read More

At this law firm you are a partner in the appeal process, they do all the work, but all the work they do is always open to you for review at any time, day or night. The whole processing of the claim by this law firm is transparent, there is nothing secret for fear that the client might not understand.

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