Frequently Asked Questions about Social Security Disability Law

Question: I filed for Social Security Benefits and my claim was denied.  What do I do now?
Answer: It is not uncommon for SSA to deny an initial application for benefits.  As soon as you receive a denial, you need to act immediately.  You only have 65 days from the date stamped on the letter to appeal the denial and preserve your claim.

Question: If I get Social Security Disability Insurance Benefits, what should I expect to receive?
Answer: Disability Insurance Benefits may include Medicare medical coverage, individual benefits, and family benefits.  The amount of the benefits is based on a formula in the Social Security Act, as well as the amount that the Internal Revenue Service shows as your SSA earnings. 

Question: How do I know if I am disabled for purposes of receiving Social Security Disability Benefits?
Answer: Under the Social Security Act, an eligible "disability" means the "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than 12 months or result in death.”  If you are not certain if you qualify, you could contact both your family physician and our Social Security Disability attorneys regarding your qualifications for benefits.

Question: I have not worked in recent years.  Could I still qualify for Social Security Disability Insurance Benefits?
Answer: SSA requires a specific amount of Social Security earnings (work credits) to qualify.  As a general rule, if you worked for 5 out of the last 10 years, you probably acquired enough credits.  You certainly should contact the SSA or consult with a Social Security Disability lawyer to determine whether or not you qualify.

Question: I have a mental or psychological condition that prevents me from working.  Can I still receive benefits?
Answer: According to the Social Security Act, a "disability" can be physical oror a combination of both.  The key is that a doctor finds objective medical evidence that you are unable to work for a period of at least 12 months.

Question: Can I apply for Social Security Benefits on my own?
Answer: Yes.  You can file your own application for Social Security Disability Benefits or SSI, and represent yourself at all stages of the application process. However, a committed Social Security Disability attorney can be very helpful in presenting your claim, especially if SSA denies your initial application and you need to file an appeal.

Question: I was denied Social Security Benefits last year, but my condition has gotten worse.  Can I try for benefits again?
Answer: Yes.  There is no limit to the number of times you can apply for benefits.  If you feel that you now qualify for benefits, you can reapply for consideration.

Question: If I receive Social Security Disability Benefits, how long will the benefits last?
Answer: You may receive benefits for as long as you remain disabled from gainful employment and meet all other SSA requirements.  It is possible that the SSA will periodically review your condition by requesting a medical evaluation. 

Question: My disabling condition was brought on by alcoholism or drug addiction.  Can I still qualify for benefits?
Answer: It is wise to consult a Social Security attorney, for help determining whether or not you may have a claim. If drug addiction and/or alcoholism is a contributing factor that is material to the determination that you are disabled, you may not qualify for benefits, according to the Social Security Act, sections 223(d)(2) and 1614(a)(3).

After you or a loved one has been denied Social Security Disability benefits, talk with a dedicated Ohio Social Security lawyer. Please submit a simple, free and confidential legal consultation form now.

Take advantage of the Bernstein Approach today.  Protect your legal rights.