What is Social Security Disability (SSD)?

SSD is the Federal government’s program paying monthly disability benefits to workers who become totally disabled from work before the age of retirement.

How is SSI (Supplemental Security Income) different from SSD?

SSI is a Federal disability benefits program for disabled persons whose recent work record is not long enough to qualify them for SSD.  SSI benefits are most often lower than SSD benefits.  A disabled worker whose work earnings have been very low may qualify for both SSI and SSD.  SSI and SSD both require total disability from work. 

What work history is required for SSD?

To qualify for SSD, at the time you become totally disabled you must have worked (and had Social Security taxes withheld from your pay) for 20 out of the past 40 quarter-years (which means, roughly, for five out of the past ten years).

To qualify for SSD, how disabled must I be?

SSD (and SSI) require a disability from work that is total, and that has lasted (or is expected to last) for at least one year (or to result in death).  It is usually not enough to prove that you are disabled from your usual job:  you must be unable to do any substantial job for which you are reasonably qualified by age, education, and job skills.  The disability may be based on physical impairments, psychological impairments, or both.

Do age, education, and job skills make a difference?

Yes.  A disabled person who is under 50, with a high school education or more, who has performed highly skilled work, is less likely to qualify for SSD than is a person with similar physical impairments who is older, less educated, who lacks job skills that could be easily transferred to lighter work.

Is there a waiting period?

SSD does not pay the first five months after you become totally disabled.  (SSI has no waiting period.)  

Can I receive workers compensation and SSD at the same time?

Yes.

When should I apply for SSD?

Generally speaking, you should apply at such time as it appears that you are disabled, that your disability is total, and that your disability has lasted (or is likely to last) one year or more.  Your own doctor’s opinion counts for a lot.  If you apply more than 17 months after the date you became disabled, the amount of your retroactive SSD benefits may be limited.

How do I apply?

The best way to apply is to go to the Social Security Office nearest you and apply in person.  The initial face-to-face interview can speed up your application and sometimes help it be accepted.  SSA has offices in Syracuse, Owego, Rome, and Utica.  The other alternatives are to apply by mail or to apply over the internet, without a face-to-face interview.  SSA’s website is a very helpful source of information:  http://www.ssa.gov .

How is it decided whether I qualify for SSD?

Within two to four months of your application, Social Security will send you a written determination accepting or denying your claim.

If SSA denies your claim, you have the right to a hearing before an Administrative Law Judge.   You have 60 days to request the hearing.  Many claims that are denied at the initial application stage are granted by the judge at the hearing stage.    

What happens at an SSD hearing?

At a hearing, your testimony and possibly the testimony of other witnesses will be taken under oath, and recorded.  Often the judge will call a vocational expert to testify on your employability.  Submitting additional medical records can be very important. The Judge will then make a new, independent decision on whether your disability is severe enough to qualify you for SSD.  

What does the lawyer do in an SSD case?

Your lawyer can advise you on whether your SSD claim is likely to be successful, and on what medical and other evidence will be needed for a successful claim.  Most physicians do not understand just what medical information SSA needs in order to correctly evaluate an SSD claim.  Your lawyer,  by addressing specific written questions to your doctor, can help assure that SSA receives the evidence that SSA needs in the form in which SSA needs it. 

If your claim is denied and a hearing is needed, it is your lawyer’s job is to figure out just why your claim was denied, and to assemble and present the additional proof and argument that are necessary to convince the Judge that your claim should be granted.  The lawyer may pose further questions to your doctors and obtain further written reports from them.  Your lawyer will make sure that you are prepared to testify clearly at the hearing, appear with you at your hearing and take your formal testimony, cross-examine medical or vocational expert witnesses that SSA may call to testify, and present legal and factual arguments to the Judge to help the Judge arrive at a well-informed decision.

What does it cost to be represented by a lawyer?

Like most lawyers who handle SSD claims,  Mr. Daly works on a contingent fee basis:  if SSD benefits are not successfully obtained, there is no fee.  If benefits are awarded, the attorney’s fee is 25% of the past-due benefits payable to you and to your dependents (that is, 25% of the benefits payable from the time you became disabled until the time of the award).   Before accepting your case for representation, Mr. Daly will discuss with you the fee arrangements and provide you with a written fee agreement.

When should I talk to a lawyer about my SSD claim?

At any point in the process -- if you are considering applying for SSD, or if you have applied and wonder what to do next, or if SSA has denied your application and you need a hearing – consulting with a lawyer is a good idea, and representation may substantially increase the chances of success on your claim.  

Questions about your own situation?

Call Michael Daly:

471-3036  Syracuse
326-0099 Oswego

An initial inquiry or consultation is without charge.  Mr. Daly  charges no fee in an SSD case unless he accepts your case for representation, you agree to retain him, and benefits are then successfully obtained.