Social Security FAQs

We know that filing for social security benefits or appealing a decision can lead to a lot of questions. We have the answers!

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Your comprehensive Social Security Disability Law FAQ resource

Dealing with Social Security claims and disability disputes can be difficult. To help clear up common concerns, our experienced attorneys have provided answers here to some of the questions we often get asked.

What is the definition of “disability” according to the Social Security Administration?

The Social Security Administration defines “disability” as an impairment that prevents you from engaging in substantial “gainful” (meaning economic and income-producing) activity. The impairment must be severe, last for at least one year and prevent you from returning to your previous employment and from performing other work that exists in substantial numbers in the national economy.

What is SSD?

SSD stands for Social Security Disability, a federal insurance program to help people whose disabilities affect their ability to earn money.

What is the SSD benefit amount?

The SSD benefit amount is based on earnings from jobs you’ve worked at.

What are the medical benefits available under SSD?

SSD benefit recipients are eligible for Medicare benefits after they’ve received 24 months of benefits.

How do I become eligble for SSD?

You may obtain benefits under SSD if you’ve paid enough taxes to be fully insured. This means you must have worked at least one quarter of the year with coverage for each year after your 21st birthday AND have worked 20 out of 40 quarters before becoming disabled.

How do I prove that I'm eligible to receive SSD benefits?

When the Social Security Administration reviews your application for benefits, it applies a five-step evaluation process in a specific order. If it can determine your eligibility at any particular step, then evaluation with the next steps isn’t necessary. The steps are:

  1. Are you engaged in substantial economic activity? Work generating average earnings of more than a stated limit is considered substantial gainful activity. (Unearned income isn’t considered substantial gainful activity.) If your answer to this question is yes, then you’re not considered disabled and won’t be eligible for benefits. If your answer is no, the process goes to the next step.
  2. Do you have a severe impairment? Severe impairment is defined as significantly limiting your physical and/or mental capacities to perform basic work-related functions. The impairment must last 12 months or more. If your answer to this question is no, you’re not considered disabled and won’t be eligible for benefits. If your answer is yes, the process goes to the next step.
  3. Do you have an impairment listing that qualifies for automatic disabling status? If your answer to this question is yes because you’ve been diagnosed with an impairment on this list [ADD LINK], your case will be easier to prove. This can mean you’re automatically considered disabled and can start receiving benefits. If your answer is no, the process goes to the next step.
  4. Are you able to perform work related to your past relevant work? Only work performed in the 15-year period occurring before your onset date of disability will be considered relevant. If your answer to this question is yes, you’re not considered disabled and won’t be eligible for benefits. If your answer is no, the process goes to the next step.
  5. Are you able to perform work found in significant numbers in the national economy? At this point, the burden of proof falls on the government to show that you can engage in some other kind of work that exists in the national economy after factoring in your specific impairment, age, education and work experience. This step of the process is also referred to as “the grids.” If your answer to this question is yes, you won’t be eligible for benefits. If your answer is no, you’ll be considered disabled and able to start receiving benefits.
What happens if my application for SSD benefits is denied?

Benefit eligibility denials upon initial determination are very common. If you receive a letter of denial, you’ll usually have 60 days (or a handful more to account for mail delivery times) to appeal the initial finding. It’s extremely important to appeal the denial in a timely manner, ideally with the help of an experienced attorney.

When appealing on your behalf, your attorney should obtain medical information from various sources used to show that your application meets the Social Security Administration’s definition of disability. A Social Security regional office will schedule a hearing for you and your attorney to attend and make your case before an administrative law judge, who will issue a written decision usually within three to five weeks.

If your denial is overturned on appeal and you’re determined to be eligible for SSD benefits, you’ll likely receive a lump-sum check that covers the period starting with your determined date of disability, less amounts deducted for an initial waiting period and attorney fees. The decision will be considered favorable, partially favorable or unfavorable. Favorable decisions generally will provide for retroactive benefits starting from the original impairment date requested. Partially favorable decisions will generally provide for retroactive benefits going back to a date that’s not as far back as the requested initial impairment date. Depending on the result, you may decide to appeal the decision to the Social Security Administration’s Appeals Council.

What is SSI?

SSI stands for Supplemental Security Income, a federal insurance program to help people whose disabilities affect their ability to earn money. SSI is different from Social Security Disability (SSD), which is based on earnings. SSI is for people who haven’t worked for the minimum number of required quarters (parts of a year) to be eligible for SSD. Both use similar criteria to determine whether you’re disabled and eligible for benefits under either program.

What is the SSI benefit amount?

The SSI monthly benefit amount changes each year through cost-of-living adjustments and state supplements.

What are the medical benefits under SSI?

Once you’re considered eligible for SSI benefits, you start receiving Medicaid benefits immediately.

How do I become eligible for SSI?

You may become eligible for SSI benefits if you’re considered disabled, haven’t worked the required minimum number of quarters (parts of a year) and don’t have assets that are more than the maximum amount allowed for an individual or couple.

How can I receive SSI benefits?

To obtain benefits, you must apply with the Social Security Administration at a local office.

How do I prove I’m eligible to receive SSI benefits?

When the Social Security Administration reviews your application for benefits, it applies a five-step evaluation process in a specific order. If it can determine your eligibility at any particular step, then evaluation with the next steps isn’t necessary. The steps are:

  1. Are you engaged in substantial economic activity? Work generating average earnings of more than a stated limit is considered substantial gainful activity. (Unearned income isn’t considered substantial gainful activity.) If your answer to this question is yes, then you’re not considered disabled and won’t be eligible for benefits. If your answer is no, the process goes to the next step.
  2. Do you have a severe impairment? Severe impairment is defined as significantly limiting your physical and/or mental capacities to perform basic work-related functions. The impairment must last 12 months or more. If your answer to this question is no, you’re not considered disabled and won’t be eligible for benefits. If your answer is yes, the process goes to the next step.
  3. Do you have an impairment listing that qualifies for automatic disabling status? If your answer to this question is yes because you’ve been diagnosed with an impairment on this list [ADD LINK], your case will be easier to prove. This can mean you’re automatically considered disabled and can start receiving benefits. If your answer is no, the process goes to the next step.
  4. Are you able to perform work related to your past relevant work? Only work performed in the 15-year period occurring before your onset date of disability will be considered relevant. If your answer to this question is yes, you’re not considered disabled and won’t be eligible for benefits. If your answer is no, the process goes to the next step.
  5. Are you able to perform work found in significant numbers in the national economy? At this point, the burden of proof falls on the government to show that you can engage in some other kind of work that exists in the national economy after factoring in your specific impairment, age, education and work experience. This step of the process is also referred to as “the grids.” If your answer to this question is yes, you won’t be eligible for benefits. If your answer is no, you’ll be considered disabled and able to start receiving benefits.
What do SSI claim attorneys do, and how do they get paid?

Attorneys experienced in handling Social Security Disability and SSI matters advocate on your behalf and are barred from receiving payment from you until benefits are actually granted. The Social Security system will pay the attorney to represent you out of the benefits you receive. This amount is capped at 25% of the amount of accrued benefits received at the time of the award up to $7,200, whichever is less.

What do Social Security Disability claim attorneys do, and how do they get paid?

Attorneys experienced in handling Social Security Disability matters advocate on your behalf and are barred from receiving payment from you until benefits are actually granted. The Social Security system will pay the attorney to represent you out of the benefits you receive. This amount is capped at 25% of the amount of accrued benefits received at the time of the award up to $7,200, whichever is less.

What happens if my application for benefits is denied?

Benefit eligibility denials upon initial determination are very common. If you receive a letter of denial, you’ll usually have 60 days (or a handful more to account for mail delivery times) to appeal the initial finding. It’s extremely important to appeal the denial in a timely manner, ideally with the help of an experienced attorney.

When appealing on your behalf, your attorney should obtain medical information from various sources used to show that your application meets the Social Security Administration’s definition of disability. A Social Security regional office will schedule a hearing for you and your attorney to attend and make your case before an administrative law judge, who will issue a written decision usually within three to five weeks.

If your denial is overturned on appeal and you’re determined to be eligible for benefits, you’ll likely receive a lump-sum check that covers the period starting with your determined date of disability, less amounts deducted for an initial waiting period and attorney fees. The decision will be considered favorable, partially favorable or unfavorable. Favorable decisions generally will provide for retroactive benefits starting from the original impairment date requested. Partially favorable decisions will generally provide for retroactive benefits going back to a date that’s not as far back as the requested initial impairment date. Depending on the result, you may decide to appeal the decision to the Social Security Administration’s Appeals Council.

How long does it usually take to start receiving benefits?

In Southeastern Pennsylvania, it typically takes 14 to 16 months after an appeal has been filed to start receiving benefits. Although this sounds like a long time, it’s actually shorter than some other areas of the country because the U.S. has a chronic backlog of cases to review.

Can I receive SSD or SSI benefits if drug addiction or alcoholism are reasons for my disability?

This can be a complicated question, but the answer is still yes. In a nutshell, the administrative law judge in your case will determine whether you would still be found disabled even if you stopped using drugs or alcohol. So if you also suffer from a condition that would render you disabled under the Social Security guidelines, you would generally be able to obtain benefits.

Understanding Social Security Disability

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Social Security Law resources from RQP Law

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The best way to confirm your Social Security disability eligibility is to seek the advice of an experienced law firm. At RQP Law, we can help determine your eligibility and build the strongest case around your situation to prove to Social Security why your condition qualifies you for benefits.

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