Who is eligible to receive Social Security Disability Benefits?
Only individuals who cannot work because they have a medical condition that is
expected to last at least one year or result in death. An individual must be fully
disabled in order to receive benefits. This is different than some benefit programs
which allow an individual to receive benefits for partial disabilities.
When should I apply for Social Security Benefits?
You should apply for disability benefits as soon as you become disabled - in other
words, as soon as your doctors tell you that you have a disability, condition or
illness that is expected to last at least a year or result in death. You do not need to
wait a year. Not only can it can take a long time to process an application for
disability benefits, if you wait too long you will become ineligible for benefits. In
addition to meeting the SSA's definition of disability, you must have worked long
enough and recently enough to qualify for disability benefits. It is important to
remember that when you stop working, you stop putting money into the social
security system, your eligibility for benefits will, in time, "expire." The date that
your eligibility for benefits expire is called "date last insured." You must be able to
prove that you became disabled before this date in order to receive benefits. This
is somewhat similar to a health insurance plan, once you stop paying the
premiums for health insurance, you no longer have future coverage.
I just received a letter from the SSA stating that I was denied Social
Security Disability Benefits and or Supplemental Security Income benefits.
What do I do? Do I reapply?
Generally, unless there is a significant problem with your application you should
not reapply. Instead, you need to appeal this denial. In New Hampshire, after an
initial application is denied, you have 60 days after the date you receive the denial
letter to file a Request for a Hearing before an Administrative Law Judge. This
must be done in writing. This step is different in New Hampshire than many
other states which have an additional step called reconsideration. If you do not file
your request within 60 days, you lose your right to appeal the decision. The SSA
very rarely allows claims to be reopened. The SSA assumes you received the
notice within five days of the date stamped on the notice of decision. It is very
important that you promptly file a request for a hearing immediately. If you do
not want to file this yourself, it is important that your retain counsel immediately.
It is also very important that you save all documents that the SSA or the local
disability determination office sends you. If you applied benefits from both
programs, you should receive two letters that look nearly identical.
What is the difference between Social Security Disability and Supplemental
Security Income disability?
The Social Security Administration (SSA) has two programs that provide benefits
based on disability: Social Security Disability Insurance (SSDI), which is based on
prior work under Social Security, and Supplemental Security Income (SSI).
Under SSI, payments are made on the basis of financial need. Social Security
Disability Insurance is financed with Social Security taxes paid by workers,
employers, and self-employed persons. To be eligible for a Social Security
benefit, you must earn sufficient credits based on taxable work to be "insured" for
Social Security purposes. The amount of your monthly disability benefit is based
on your Social Security earnings record. SSI disability benefits are payable to
adults or children who are disabled or blind, and have limited income and
resources, meet the living arrangement requirements, and are otherwise eligible.
The maximum Federal benefit changes yearly. For example, for effective January
1, 2009, the Federal benefit rate is $674 for an individual and $1,011 for a couple.
This amount may be may be supplemented by New Hampshire or decreased by
countable income and resources. Children who are disabled may receive SSI. If
you met the financial and resource requirements, the test for determining if you
are disabled is the same as the process for SSDI, except for children which is
similar except that the SSA looks the child's home environmental educational
setting rather than a work setting.
Can I work during the application or appeal process?
It is strongly recommended that you do not work during your application process
as much of the analysis used the SSA focuses on your ability to do your prior
work or other work in the national economy. Your ability to perform any job you
undertake will be considered by the SSA in its review process and will used by
the Administrative Law Judge in determining whether you are credible witness.
Only applicants who are totally disabled can receive Social Security Disability
Benefits and Supplemental Security Disability Benefits.
Can my family members receive benefits if I am found disabled?
Yes, certain family member may be eligible for a monthly benefit of up to 50
percent of your disability rate. However, there is a limit to the total amount of
money that can be paid to a family on your Social Security record. The limit
varies, but it is between 150 and 180 percent of your disability benefit. If the sum
of the benefits payable on your account is greater than the family limit, the
benefits to the family members will be reduced proportionately. Your benefit will
not be affected. If you have a minor child that lives with another parent, the other
parent will receive the benefits in care of the child. If you are presently paying
child support, it is important that you tell us immediately so we can address that
issue as well as your social security claim.
Can a lawyer help me with my application?
Yes! You have the right to be represented by an attorney or other qualified person
of your choice at any time during your application or appeal process.
Can you help me file an application?
Yes! We can work with you to file your claim electronically or in person at the
local Social Security Administration office.
Only individuals who cannot work because they have a medical condition that is
expected to last at least one year or result in death. An individual must be fully
disabled in order to receive benefits. This is different than some benefit programs
which allow an individual to receive benefits for partial disabilities.
When should I apply for Social Security Benefits?
You should apply for disability benefits as soon as you become disabled - in other
words, as soon as your doctors tell you that you have a disability, condition or
illness that is expected to last at least a year or result in death. You do not need to
wait a year. Not only can it can take a long time to process an application for
disability benefits, if you wait too long you will become ineligible for benefits. In
addition to meeting the SSA's definition of disability, you must have worked long
enough and recently enough to qualify for disability benefits. It is important to
remember that when you stop working, you stop putting money into the social
security system, your eligibility for benefits will, in time, "expire." The date that
your eligibility for benefits expire is called "date last insured." You must be able to
prove that you became disabled before this date in order to receive benefits. This
is somewhat similar to a health insurance plan, once you stop paying the
premiums for health insurance, you no longer have future coverage.
I just received a letter from the SSA stating that I was denied Social
Security Disability Benefits and or Supplemental Security Income benefits.
What do I do? Do I reapply?
Generally, unless there is a significant problem with your application you should
not reapply. Instead, you need to appeal this denial. In New Hampshire, after an
initial application is denied, you have 60 days after the date you receive the denial
letter to file a Request for a Hearing before an Administrative Law Judge. This
must be done in writing. This step is different in New Hampshire than many
other states which have an additional step called reconsideration. If you do not file
your request within 60 days, you lose your right to appeal the decision. The SSA
very rarely allows claims to be reopened. The SSA assumes you received the
notice within five days of the date stamped on the notice of decision. It is very
important that you promptly file a request for a hearing immediately. If you do
not want to file this yourself, it is important that your retain counsel immediately.
It is also very important that you save all documents that the SSA or the local
disability determination office sends you. If you applied benefits from both
programs, you should receive two letters that look nearly identical.
What is the difference between Social Security Disability and Supplemental
Security Income disability?
The Social Security Administration (SSA) has two programs that provide benefits
based on disability: Social Security Disability Insurance (SSDI), which is based on
prior work under Social Security, and Supplemental Security Income (SSI).
Under SSI, payments are made on the basis of financial need. Social Security
Disability Insurance is financed with Social Security taxes paid by workers,
employers, and self-employed persons. To be eligible for a Social Security
benefit, you must earn sufficient credits based on taxable work to be "insured" for
Social Security purposes. The amount of your monthly disability benefit is based
on your Social Security earnings record. SSI disability benefits are payable to
adults or children who are disabled or blind, and have limited income and
resources, meet the living arrangement requirements, and are otherwise eligible.
The maximum Federal benefit changes yearly. For example, for effective January
1, 2009, the Federal benefit rate is $674 for an individual and $1,011 for a couple.
This amount may be may be supplemented by New Hampshire or decreased by
countable income and resources. Children who are disabled may receive SSI. If
you met the financial and resource requirements, the test for determining if you
are disabled is the same as the process for SSDI, except for children which is
similar except that the SSA looks the child's home environmental educational
setting rather than a work setting.
Can I work during the application or appeal process?
It is strongly recommended that you do not work during your application process
as much of the analysis used the SSA focuses on your ability to do your prior
work or other work in the national economy. Your ability to perform any job you
undertake will be considered by the SSA in its review process and will used by
the Administrative Law Judge in determining whether you are credible witness.
Only applicants who are totally disabled can receive Social Security Disability
Benefits and Supplemental Security Disability Benefits.
Can my family members receive benefits if I am found disabled?
Yes, certain family member may be eligible for a monthly benefit of up to 50
percent of your disability rate. However, there is a limit to the total amount of
money that can be paid to a family on your Social Security record. The limit
varies, but it is between 150 and 180 percent of your disability benefit. If the sum
of the benefits payable on your account is greater than the family limit, the
benefits to the family members will be reduced proportionately. Your benefit will
not be affected. If you have a minor child that lives with another parent, the other
parent will receive the benefits in care of the child. If you are presently paying
child support, it is important that you tell us immediately so we can address that
issue as well as your social security claim.
Can a lawyer help me with my application?
Yes! You have the right to be represented by an attorney or other qualified person
of your choice at any time during your application or appeal process.
Can you help me file an application?
Yes! We can work with you to file your claim electronically or in person at the
local Social Security Administration office.
Spiller Law Firm, PLLC
Social Security Disability/Supplemental Security Income
 |  |  |  |  |  |  |
4 Park Street
Suite 306
Concord, NH 03301
Phone:
603-226-6055
Suite 306
Concord, NH 03301
Phone:
603-226-6055
Notice: information on
this site should not be
construed to be legal
advice nor the creation
of an attorney-client
relationship.
Copyright Spiller Law
Firm, PLLC. All rights
reserved.
this site should not be
construed to be legal
advice nor the creation
of an attorney-client
relationship.
Copyright Spiller Law
Firm, PLLC. All rights
reserved.
How does the Social Security
Administration decide if I am disabled?
The Social Security Administration (SSA)
uses a five step process to decide if you
are disabled. It is important to note that
this process and definition is different
than that those used for worker's
compensation claims, disability insurance
claims, state benefit claims and veteran's
benefits. It possible to approved for one
type of benefit but not be approved by the
Social Security Administration. This test
is slightly different if you are blind.
1. Are you working?
If you are working and your earnings
average exceed a certain amount each
month, the SSA generally will not
consider you disabled. The amount
changes each year. If you earn too much,
the SSA considers that you are engaged in
"Substantial Gainful Activity" - in other
words, your work proves you are not
disabled no matter what your condition is.
Your application will be denied. If you are
not working, or your monthly earnings
average the current amount allowed or
less, SSA then looks at your medical
condition.
2. Is your medical condition “severe”?
For the SSA to decide that you are
disabled, your medical condition must
significantly limit your ability to do basic
work activities for at least one year. For
example, your ability to walk, stand, sit
and remember. If your medical condition
is not that severe, the state agency will
not consider you disabled.
3. Is your medical condition on the
List of Impairments?
SSA has a List of Impairments that
describes medical conditions that are
considered so severe that they
automatically mean that you are disabled
as defined by law. If your condition (or
combination of medical conditions) is not
on this list, the SSA must decide if your
condition is as severe as a condition that
is on the list. If the severity of your
medical condition meets or equals that of
a listed impairment, the SSA will decide
that you are disabled. Be aware that many
conditions are not on this list or doctors
frequently don't conduct the necessary
types of testing required by the Social
Security Administration to match a
condition of the List of Impairments.
4. Can you do the work you did before?
At this step, the SSA must decide if your
medical condition prevents you from
being able to do the work you did before.
If it does not, the SSA will decide that
you are not disabled. If it does, the SSA
goes on to step five.
5. Can you do any other type of work?
If you cannot do the work you did in the
past, the SSA looks to see if you would
be able to do other work that exists in the
national economy in significant numbers.
It evaluates your medical condition, your
age, education, past work experience and
any skills you may have that could be
used to do other work. If you cannot do
other work, the SSA will decide that you
are disabled. If you can do other work,
the SSA will decide that you are not
disabled. The SSA sometimes hires
vocational experts to testify at hearings
about the type of work that you might be
able to do that exists in the national
economy.
Administration decide if I am disabled?
The Social Security Administration (SSA)
uses a five step process to decide if you
are disabled. It is important to note that
this process and definition is different
than that those used for worker's
compensation claims, disability insurance
claims, state benefit claims and veteran's
benefits. It possible to approved for one
type of benefit but not be approved by the
Social Security Administration. This test
is slightly different if you are blind.
1. Are you working?
If you are working and your earnings
average exceed a certain amount each
month, the SSA generally will not
consider you disabled. The amount
changes each year. If you earn too much,
the SSA considers that you are engaged in
"Substantial Gainful Activity" - in other
words, your work proves you are not
disabled no matter what your condition is.
Your application will be denied. If you are
not working, or your monthly earnings
average the current amount allowed or
less, SSA then looks at your medical
condition.
2. Is your medical condition “severe”?
For the SSA to decide that you are
disabled, your medical condition must
significantly limit your ability to do basic
work activities for at least one year. For
example, your ability to walk, stand, sit
and remember. If your medical condition
is not that severe, the state agency will
not consider you disabled.
3. Is your medical condition on the
List of Impairments?
SSA has a List of Impairments that
describes medical conditions that are
considered so severe that they
automatically mean that you are disabled
as defined by law. If your condition (or
combination of medical conditions) is not
on this list, the SSA must decide if your
condition is as severe as a condition that
is on the list. If the severity of your
medical condition meets or equals that of
a listed impairment, the SSA will decide
that you are disabled. Be aware that many
conditions are not on this list or doctors
frequently don't conduct the necessary
types of testing required by the Social
Security Administration to match a
condition of the List of Impairments.
4. Can you do the work you did before?
At this step, the SSA must decide if your
medical condition prevents you from
being able to do the work you did before.
If it does not, the SSA will decide that
you are not disabled. If it does, the SSA
goes on to step five.
5. Can you do any other type of work?
If you cannot do the work you did in the
past, the SSA looks to see if you would
be able to do other work that exists in the
national economy in significant numbers.
It evaluates your medical condition, your
age, education, past work experience and
any skills you may have that could be
used to do other work. If you cannot do
other work, the SSA will decide that you
are disabled. If you can do other work,
the SSA will decide that you are not
disabled. The SSA sometimes hires
vocational experts to testify at hearings
about the type of work that you might be
able to do that exists in the national
economy.
Did you know...that you do not
pay any attorney fees unless we win
your SSA case?
Social security disability and SSI cases
are contingency fee cases which means
you don't pay for attorney fees unless we
win. At the end of your case, the SSA will
pay us directly pursuant to their rules. As
of June 2009, SSA pays attorneys up to
25% of the claimant's retroactive benefits
or $6,000, whichever is less.
pay any attorney fees unless we win
your SSA case?
Social security disability and SSI cases
are contingency fee cases which means
you don't pay for attorney fees unless we
win. At the end of your case, the SSA will
pay us directly pursuant to their rules. As
of June 2009, SSA pays attorneys up to
25% of the claimant's retroactive benefits
or $6,000, whichever is less.
Spiller Law Firm, PLLC
is located in an ADA-
accessible building.
Clients may chose to take
the elevator or stairs to
our office.
Clients with disabilities
are encouraged to advise
Spiller Law Firm of any
special requirements
needed to accommodate
their disabilities in
advance of meetings and
hearings.
| Dedicated to providing personal service to clients. |