You should apply for disability benefits as soon as you become disabled. It can take a long time to process an application for disability benefits (three to five months). If you apply for:
To apply for disability benefits, you will need to complete an application for Social Security Benefits and the Disability Report. You can complete the Disability Report at www.ssa.gov. You can also print the Disability Report, complete it and return it to your local Social Security office. Social Security may be able to process your application faster if you help them by getting any other information they need.
You can also apply by calling the toll-free number, 1-800-772-1213. Representatives there can make an appointment for your application to be taken over the telephone or at any convenient Social Security office.
People who are deaf or hard of hearing may call toll-free “TTY” number, 1-800-325-0778, between 7 a.m. and 7 p.m. on Monday through Friday.
The claims process for disability benefits is generally longer than for other types of Social Security benefits. It can take up to six months at each of the disability application and appeal levels. The wait for a hearing has grown as the backlog of cases grows – in many cities it is well over a year.
To complete the application, you should gather the following information:
The documents presented as evidence must be either originals or copies certified by the issuing agency. SSA cannot accept uncertified or notarized photocopies as evidence since they cannot verify their authenticity. Do not delay filing for benefits just because you do not have all of the information you need. The Social Security office will be glad to help you.
If you are applying for Supplemental Security Income benefits you also need the following:
They use a five-step process to decide if you are disabled. Here are the questions Social Security asks:
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 continuous period of not less than 12 months.”
There are several kinds of disability benefits for which a person can be eligible. Depending on the facts, you may be entitled to one of these benefits, or you may be entitled to more than one. The medical rules are the same for all categories, you must be just as disabled to qualify for one as for another. The non-medical requirements are different for each category.
Disability Insurance Benefits (DIB)
You are only eligible for these benefits if you have paid a certain amount of Social Security tax over a period of time, enough to have disability insurance coverage in force. In general, you must have paid at least a certain amount of Social Security tax (the FICA deduction on your paycheck, or your Social Security tax if you’re self-employed) in at least twenty calendar quarters during the forty calendar quarters before your total disability began. In other words, you must have worked and paid Social Security tax for about five out of the last ten years before you became totally disabled.
There is a different, easier rule for people whose disability began before age 30. Everyone must prove the disability began while disability insurance coverage was in force or they are not entitled to benefits, no matter how serious the medical condition is now. If your DIB claim is approved, the monthly payment you will receive is set by your earnings (and Social Security tax payments) during your working career. There is no minimum rate, and the rate a person can receive at this time can be calculated here: http://ssa.gov/planners/calculators.htm There is a cost-of-living raise in the monthly payment at the start of most years. In many cases, your spouse and dependent children will also get benefits in addition to your own.
Supplemental Security Income (SSI)
SSI can be paid whether or not a person has paid in enough Social Security tax to get disability insurance benefits. You must be disabled under the same rules as for disability insurance, or be blind, or be over 65. You must also have very little income or property, because this benefit is based on financial need. Social Security looks at all other income and property in the household you live in, not just your own, and also the value of any support (like free room and board) you may get from others, to determine whether you are financially eligible for SSI. Social Security does this in addition to deciding if you are disabled. Also, some children 18 or younger with a severe disability can get a monthly benefit if their family income is low enough.
Disability Widow/Widower Benefits (DWB)
This is a special disability benefit for certain widows and widowers, based on the Social Security tax paid by his or her deceased spouse. In order to qualify, you must be between ages of 50 and 60, and have been married for at least 10 years to the person who was covered under Social Security at the time of his or her death. Also, you must have proof that your disability was severe enough to meet these rules within seven years of your spouse’s death, with some exceptions for those already receiving other kinds of Social Security benefits. If you are awarded DWB benefits, your monthly rate is determined by your spouse’s income and Social Security tax payments. However, a surviving spouse’s pension can usually be paid at the age of 60, regardless of any disability.
Disabled Adult Child Benefits (DAC)
In order to be eligible, you must be a child of a person already receiving Disability Insurance Benefits or Retirement Benefits, or who died while covered for Social Security. You must be at least 19 years old, and you must prove your total disability began before the month you turned age 22, and is continuing. The monthly benefit rate is based on a percentage of your parent’s rate. Therefore, it is different in each particular case.
No. There are several ways to apply for a Social Security disability claim. The first is to go to the Social Security District Office and file the claim in person. Now applications can also be made online at www.ssa.gov. Another way is to call Social Security at 1-800-772-1213. They will make an appointment for a telephone interview for you. Once the interview is finished they will send necessary forms for you to fill out. All the basic information will have been collected during the phone interview.
You can file for Social Security disability benefits on the day that you become disabled if you believe that you will be out of work for one year or more. Sometimes hospital social workers can help you and your family make the initial contact with Social Security.
No. Any claimant can represent himself in all phases of the Social Security disability process. Claimants with representation win their cases more often than those who are not represented.
Cases are generally handled on a contingency basis. That means the representative receives a fee only if you win your case. Normally the fee is 25% of your back benefits and must be approved by Social Security. This fee is set by federal law.
If you do not win your case there is no fee. There are also costs in each case for which you may be responsible. These costs are charges paid to doctors for medical records.
You have to have been disabled for at least one year or be expected to be disabled for at least one year. So, if you expect to be out of work for one year or more on account of illness or injury, you should file for Social Security disability benefits.
You do not have to wait until the worker’s compensation ends and you should not wait that long. An individual can file a claim for Social Security disability benefits while receiving worker’s compensation benefits.
Social Security is supposed to consider the combination of impairments that an individual suffers from in determining disability. Many, perhaps most claimants for Social Security disability benefits have more than one health problem and the combined effects of all of the health problems must be considered.
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.
For disability insurance benefits, it all depends upon how much you have worked and earned in the past. For disabled widow’s or widower’s benefits, it depends upon how much the late husband or wife worked and earned. For disabled adult child benefits, it all depends upon how much the parent worked and earned. For all types of SSI benefits, there is a base amount that an individual with no other income receives. Other income that an individual has reduces the amount of SSI which an individual can receive. Each year we all receive a report from Social Security about our retirement benefits. This report also has the dollar figure you’d receive if you were disabled. A spouse and children are also eligible in most cases.
It is Social Security’s position that VA decisions are not binding upon them. Social Security and VA have similar standards for approving disability claims, but the VA has many partial disability programs. For Social Security disability, one must be totally disabled from any kind of work.
For Disability Benefits and for Disabled Widow’s and Widower’s Benefit, the benefits begin five months after the person becomes disabled. Benefits can be paid for up to one year prior to the date of the claim, if the medical records support this. For a Disabled Adult Child, benefits begin as of the onset date, but benefits cannot be paid more than six months prior to the date of the claim.
SSI benefits begin at the start of the month following the date of the claim.
The short answer is that Medicaid is a program for people with limited resources, and Medicare isn’t. Many disabled people who get Medicaid get it because they are on Supplemental Security Income (SSI). To get SSI and thereby get Medicaid you have to be poor and disabled. Medicaid does pay for prescription medications. Medicaid can go back up to three months prior to the date of a Medicaid claim. For Medicare it does not matter whether you are rich or poor. If you have been on Disability Insurance Benefits, Disabled Widows or Widowers Benefit or Disabled Adult child Benefits for 24 months you qualify for Medicare. The good thing about Medicare is that it pays doctors at a higher rate than Medicaid. Almost all doctors are happy to take Medicare patients. Medicare does not begin until after a person has been on disability benefits for two years, and it only pays for prescriptions through Medicare Part D.
You should appeal immediately. If you appeal within 10 days after being notified that your disability benefits are being ceased, you can ask that your disability benefits continue while you appeal the decision cutting off your benefits. You may also want to talk with an attorney about representation on your case, but you should file the appeal immediately.
After a car accident or another injury accident, it’s normal to have a lot of questions. Unfortunately, it’s nearly impossible to get clear, honest information from the insurance company. Here, our personal injury lawyers answer some of your most common questions.
Immediately after an accident, prioritize your safety. Move to a safe location if possible, seek medical attention, and call the police. Document the accident scene, gather witness information, and avoid discussing fault. Once you’re safe, contact LawyerUp® for guidance on your next steps.
Choose a firm that specializes in injury cases, has a solid reputation, a track record of high settlements, and offers a transparent fee structure. Client testimonials and reviews can also provide insights. LawyerUp® checks all these boxes.
It will always be an upfront contract between you and the lawyer. Typically, a contingency fee arrangement ranges from 25% to 50%. The exact percentage can vary based on the complexity of the case and the state at which it is resolved.
Settlements vary greatly based on the specifics of each case, such as injury severity, liability clarity, and the involved parties. It’s best to consult with an attorney to understand potential settlement amounts.
While you can file a personal injury claim on your own, it’s advisable to work with a skilled attorney. The process involves gathering evidence, determining liability, negotiating with insurers, and possibly filing a lawsuit.
Every case is unique. Contact LawyerUp® for a free evaluation to determine the validity and potential value of your claim.
By gathering strong evidence, consulting medical experts, and working with experienced attorneys like those at LawyerUp®, you can maximize your chances of a higher payout.
At LawyerUp®, we handle all types of injury cases, including auto accidents, workplace incidents, medical malpractice, slip and falls, product liability, and more.
In most states, you generally have four years from the date of the injury to file a personal injury lawsuit. However, exceptions exist, so consulting an attorney promptly is crucial.
The worth of a case is determined by various factors, including medical costs, lost wages, pain and suffering, and other damages. Schedule a free consultation with LawyerUp® to get an estimate.
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Copyright © Goldenblatt 2019
This website contains Attorney Advertising and is designed for informational purposes only. Any information obtained should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Prior results do not guarantee a similar outcome.
© 2026 Pencheff and Fraley LPA.. All Rights Reserved. Privacy Policy *Client photos are illustrative only.
