SOCIAL SECURITY DISABILITY FREQUENTLY ASKED QUESTIONS

Welcome to the frequently asked questions section. Below are the most frequent and common questions we hear from out clients. Clicking on any of the questions will drop down the answer. If you have a question that is not listed here please contact us and we will get you the answer.

The Social Security Administration does not require that you have a representative. Having a representative on your side is, however, affordable and recommended. With an expert working on your behalf, you will have an advantage at every stage of the process.

We take cases on a contingency basis, with no up-front fee; The fee is based on the amount of your backpay, once your claim is approved. The Social Security Administration regulates fees of 25% of backpay, with a maximum of $7,200, whichever is less.

Retirement, Survivors, Disability Insurance (RSDI) is a federal program offering benefits to workers and in some cases, family members of workers who have paid into the Social Security program. The rules for RSDI are long and complicated. Please call us at 859-246-0246 for answers to your detailed questions.

Supplemental Security Income, or SSI, is a different program through Social Security that is funded by tax revenues. It pays monthly benefits to individuals with disabilities who have no or low income and few financial resources.

Social Security defines “disability” as the “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months.”

Social Security follows a very rigid 5 step sequential process in approving or denying claims. A brief review of the 5 steps follows.

Step 1. Are you working?

Step 2. Do you have a severe impairment?

Step 3. Do you meet a listing? (from Social Security’s Blue Book)

Step 4. Can you return to your past work?

Step 5. Can you do any other work?

We will help you understand each of these steps.

If your condition has lasted for at least one year, you may continue your claim, and if approved, you may be given benefits for the period of time that you were unable to work. If your disabling condition lasts for less than one year, and you return to work, we can have your claim dismissed.

For SSI- The monthly maximum Federal amounts for 2023 are $914) for an eligible individual and $1371 for an eligible individual with an eligible spouse.

For RSDI- The monthly benefit is based on your past earnings. The national average amount is around $1,200 to $1,400 monthly.

You should file an appeal immediately, certainly no later than 60 days after you have received your denial. You should also consider hiring a qualified representative to help you with your appeal.

Call us at 859-246-0246 to discuss your claim, send us an e-mail using our Contact Us page or visit Social Security’s website at http://www.ssa.gov/.

If your condition is severe enough to keep you from working, your chances of approval are greater if your medical evidence is strong. The medical records should reflect your condition, and the impact it has on your ability to work.