How to Make a Disability Claim

Trevillu

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posted on 14 years ago — updated on 1 second ago

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In the United States, the federal government provides two programs for people with disabilities: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). You can apply for both at the same time with the Social Security Administration (SSA). Gather required information and contact your nearest office. Most people are initially denied, so you should bring as many appeals as you are allowed.

Steps

Collecting Required Information

Check if you are eligible. Not every disabled person will qualify for benefits. Check that you meet the following requirements: Your disability is serious enough to prevent you from doing your current job or adjusting to a different job. Your disability is expected to last at least one year or result in your death. If you apply for SSDI, you have enough work credits. Check your Social Security statement, which you can find online. If you apply for SSI, you must be low-income. An SSA representative can help you figure out if you qualify. Keep in mind that Social Security does not offer temporary disability benefits, and is only for fully disabled people.

Gather medical information. If you have medical records, you can provide them to the SSA office. If you can, it is advisable to gather your records yourself to avoid government delays. If you cannot, SSA can also get records on your behalf. They will need the following information: Contact information for all clinics, hospitals, or doctors who have treated you. The dates you received treatment. Your patient ID numbers. A list of prescription drugs.

Write down your work history. If you can still work, SSA won’t approve your benefits. They will want to see if you are qualified to do another job, so compile information about your work history and fill out the work history report form. Information you may need includes: Job titles for the past 15 years, for up to five jobs. Employer name and contact information. Your duties for each job. The date your disability started to interfere with your work performance.

Compile financial records. You must be low-income to qualify for SSA, so gather financial information and submit it when you apply. Compile the following: Last year’s W-2 form. Your income for last year and the current year. Last year’s tax return. Your bank’s routing number. Bills and other proof of expenses Other supporting documents to prove your need as outlined by the SSA

Gather personal information. SSA will need certain personal information when you apply. To speed up the application process, gather this information ahead of time: Your birth date and place of birth. Your Social Security number. Your children’s names and dates of birth. Your spouse’s name, wedding date, and Social Security number. If you’ve been married before, then get information for all of your spouses. Other supporting documents to prove your need as outlined by the SSA

Applying for Disability Benefits

Apply online. You can apply for both SSDI and SSI at https://www.ssa.gov/disabilityssi/. After you submit your application, you’ll be directed to submit your documents to the nearest SSA office. There are some requirements to apply online. Check with the SSA website to see if you qualify before you begin the application process.

Apply over the phone instead. If you don’t want to apply online, you can call 1-800-772-1213, Monday through Friday, 7:00 am to 7:00 pm. A representative will take down your information and begin your application. You can mail or hand deliver your documents to the office.

Visit an office to apply in person. You might want to meet with someone in person, especially if you have a lot of questions. Call to schedule an appointment with your nearest office, which you can find at https://secure.ssa.gov/ICON/main.jsp. Enter your zip code.

Undergo any required medical tests or exams. Your state office might need more information before they can make a decision on your claim. You might need to meet with a doctor or take more medical exams. SSA will pay for the exams and for transportation.

Receive your determination letter. It will take a few months for SSA to process and review your application. Once SSA makes a decision, they should send you a letter. If you receive benefits, then the letter will tell you how much you get a month and when they start. If you’re denied, you’ll be told how to appeal the denial.

Appealing a Denial

Request reconsideration. This is your first-level appeal. The same office that denied you will take a fresh look at your application. If your condition has worsened since you first applied, you can provide updated medical information. Read your denial letter to see how to request reconsideration. You have 60 days to file your request. Very few people get benefits at this level of appeal, so don’t worry if you are rejected. You can check your application or appeal status by logging into your account on the SSA website.

Request a hearing. This is your second-level appeal. You will present your case to an administrative law judge (ALJ), who will decide whether you qualify for disability benefits. Your chances of getting benefits are best at the hearing stage, so you should request one. Follow the instructions in your denial letter for how to request a hearing. You might have to wait a year for your hearing. However, if you win benefits, then they will be retroactive to the date you became disabled.

Hire a lawyer to help you. A disability lawyer can help you put together a strong case. Obtain a referral from your nearest bar association. Disability lawyers work on contingency, which means they only get paid if you win. A lawyer will get at most 25% of your owed benefits, up to $6,000. You’ll still have to pay for some of the costs of preparing for your hearing, such as mailing and photocopying costs. However, these shouldn’t be more than a couple hundred dollars.