FAQ
Frequently Asked Questions
-
Social Security Disability
-
What if my SSD claim is denied?
If your claim is denied, you can appeal the decision.
Our experienced Social Security disability attorney can help you navigate the process, which involves four ways to appeal:
- requesting reconsideration
- requesting a hearing with an administrative law judge
- requesting a review with the Appeals Council, and
- filing a federal district court action.
-
What is the difference between SSI and SSDI?Supplemental Security Income (SSI) is based on financial need and is available to individuals with limited income and resources, regardless of work history. Social Security Disability Insurance (SSDI), on the other hand, is available to those who have worked and paid into the Social Security system through their taxes and have accumulated enough work credits.
-
How long does it take to receive back pay if my SSDI claim is approved?
If your claim is approved, you may be entitled to back pay from the date you became disabled. The exact amount will depend on your work history and earnings. Back pay for the time between filing your application and being approved is typically given in a lump sum.
-
How long does it take to process a disability claim?
The processing time for a disability claim can vary considerably. It can take several weeks to a few months for an initial decision. If the claim needs to go through appeals due to a denial, the process can take significantly longer.
-
Can I get Social Security Disability benefits if I have a mental health condition?
Yes, mental health conditions can qualify for SSD benefits. However, it's crucial to have medical evidence to support your claim.
-
Can I work while receiving disability benefits?
Certain circumstances allow you to work and still receive disability benefits. The Social Security Administration has work incentive programs, like the Ticket to Work program, which would enable beneficiaries to try working while still receiving benefits under specific conditions.
Your questions regarding working while disabled can be answered in the SSA’s online publication “Working While Disabled: How We Can Help.”
-
What is a Residual Functional Capacity (RFC) assessment?
An RFC assessment is a determination made by the SSA to assess your ability to work despite your limitations. It is described by the SSA as “the most you can still do despite your limitations.”
-
What is a consultative examination?
A consultative examination is a medical evaluation performed by a doctor hired by the SSA to assess your disability.
-
Can I get SSD benefits if I am unable to work due to a substance abuse problem?
Yes, if your substance abuse problem is the result of an underlying medical condition.
-
Can I get Social Security Disability benefits if I have a chronic pain condition?
Yes, chronic pain conditions can qualify for SSD benefits, but you must provide medical evidence to support your claim.
-
Can I get Social Security Disability benefits if I have a degenerative condition?
Yes, degenerative conditions can qualify for SSD benefits, but you must provide medical evidence to show that your condition is severe enough to prevent you from working.
-
What is the Social Security Administration's Blue Book?
The Blue Book is a listing of impairments that are considered disabling by the SSA. It is a comprehensive guide used by the Social Security Administration to assess whether an individual’s medical condition meets the SSA's criteria for disability benefits.
Its detailed listing of impairments applies to benefits under the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs.
Each listed condition includes specific symptoms, diagnostic tests, and treatment histories necessary to establish the severity of an impairment. Healthcare professionals and applicants use the Blue Book as a benchmark to keep eligibility evaluations consistent and fair.
-
What is the Social Security Administration’s Red Book?
The SSA Red Book is an informative resource published by the Social Security Administration to help individuals understand the provisions related to employment support for people with disabilities. It serves as a guide for individuals receiving Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits and for professionals who assist individuals with disabilities.
The Red Book provides detailed information on how work affects disability benefits, including the rules around income limits, work incentives, and the Ticket to Work program. It helps beneficiaries and their representatives navigate the more nuanced aspects of maintaining benefits while pursuing employment opportunities. It is updated annually.
-
Where can I get more help applying for benefits or preparing for a disability interview?
The SSA provides a Disability Starter Kit with a fact sheet, checklist, and worksheet to help you understand and prepare to pursue disability benefits. The SSA also provides an online publication on what you need to know when you get Social Security Disability benefits.
Have other questions? The SSA provides online publications about numerous aspects of its federal disability programs.
-
Why should I hire a lawyer for my disability claim?
Hiring our Richmond attorney at Suyes Law can significantly increase your chances of a favorable claim outcome. Attorney Suyes can prepare your application with all necessary documentation while meeting requirements and applicable deadlines. This can minimize delays or denials.
Should your claim be denied, she can represent you through appeals, providing the professional advocacy you need to pursue a favorable result.
-