Frequently Asked Questions

What is Supplemental Security Income (SSI)?

People who have never worked, or who have not paid into the Social Security system for the past five years, may qualify for Supplementary Security Income (SSI) benefits. Disabled children also may qualify for SSI benefits. SSI benefits may consist of cash payments and medical coverage. Benefits depend on your financial situation and whether you qualify under the appropriate Social Security Administration regulations.

What are Social Security Disability (SSD) benefits?

Social Security disability benefits (also called Social Security Disability Insurance) are a part of the Federal Social Security Act. It includes several programs that provide disability payments and other benefits to disabled workers and their families. Benefits are often referred to as Social Security disability benefits, or SSD benefits. SSD benefits may consist of cash payments and medical coverage. Benefits depend on your financial situation and whether you qualify under the appropriate Social Security Administration regulations.

Who can apply for these benefits? Am I eligible for SSD or SSI benefits?

You can apply for benefits if you are disabled and cannot work full-time; if your disability or medical condition has lasted, or is expected to last, for at least one year; and if you have a life-threatening disability or medical condition. However, certain qualifications exist for each type of Social Security benefit program. You must check to see if you qualify.

You can help your chances of being approved for SSD benefits by having an official diagnosis by a physician or specialist. You should be undergoing treatment and see your specialist regularly. Symptoms alone are not enough.

Why should I hire an attorney?

If your claim was denied or your benefits were terminated, you may want to hire an attorney. Hiring an attorney is not required to file an appeal, but doing so could mean the difference between winning your appeal or not. Dru Shope Attorney can help with your SSD benefits appeal by:

• Gathering medical records and reports
• Gathering evidence particular to your claim
• Gathering documents from your Social Security file
• Determining the best course of action for your claim based on Social Security regulations
• Talking with your physician about your condition(s)
• Suggesting a “second opinion” on your condition by having the Social Security Administration send you to a doctor
• Reviewing prior actions taken by the Social Security Administration
• Providing helpful advice to you on how to prepare for your Social Security hearing.
• Providing legal counsel at the hearing to ensure a fair and proper procedure
• Reviewing, objecting to, or making changes to the written questions being sent to a doctor by the Administrative Law Judge
• Making sure the Social Security Administration gives you your correct benefit payment, if your claim is approved
• Requesting a review of the hearing decision by the Social Security Administration Appeals Council
• Requesting a review of the Social Security Administration Appeals Council decision by the Federal District Court

What can I do if my claim was denied?

If your claim was denied and you believe you qualify for SSD benefits, don’t worry. You can file an appeal. There are several levels of determination for Social Security Disability benefits. You have 60 days to appeal a denial to reach the next level of determination. If you fail to appeal a denial, you may reapply for Social Security disability or Supplemental Security Income. Please keep in mind that ‘appealing’ and ‘reapplying’ are not the same thing. Reapplying will mean that you have to start the process over again.

Can I continue to receive SSD or SSI when I start collecting Social Security retirement benefits?

If you were receiving SSD benefits and you now qualify for Social Security retirement benefits, your benefits should be switched over to the retirement benefits. In some instances, you can receive an SSI check in addition to your retirement check. To find out if you’re eligible, you should contact the Social Security Administration.

Can I receive benefits from a Public Disability plan and SSD?

Public disability payments that may affect your SSD benefits are those paid under a federal, state, or local government law or plan that pays for conditions not job-related. For example, civil service disability benefits, state temporary benefits, and state or local government retirement benefits may affect your SSD benefits. Your Social Security disability benefits would be reduced so that the combined amount of the SSD benefits, plus the public disability payment received, do not exceed 80 percent of your average current earnings.

Can I receive benefits from assistance programs and SSD at the same time?

Yes, but only while your claim for SSD benefits is pending. You can receive benefits from an assistance program while your claim is pending, but if you are approved for SSD benefits, your benefits from the assistance program will stop. You should contact the Social Security Administration for more information.

Can I receive benefits from both private insurance, like a pension plan, and SSD?

Yes, you can receive payments from both private insurance and SSD benefits. Your eligibility is not affected by any private insurance you may have, including company pension or 401K plans.

Can I receive benefits from Long-Term Disability Insurance and SSD?

If you are receiving Long-Term Disability payments from your employer and you are approved for SSD benefits, your Long-Term Disability payments may be reduced. As insurance policies tend to vary, you should contact your Long-Term Disability insurance carrier for more information about your policy.