In a nutshell, Social Security disability (“SSDI”) is funded by the FICA tax that was withheld from your paychecks while you were employed. SSI is a Federal income supplement program funded by general tax revenues rather than Social Security taxes. With Social Security disability, the benefit amount depends upon how much the claimant contributed during the employment period, whether the claimant contributed for the required period of time, and whether the impairment meets the guidelines set by SSA. Under the SSI program, monthly checks are paid to the disabled, children who are disabled, the elderly and the blind, who do not have much income and who qualify based on income requirements. The amount of your benefit depends on where you live.

The process is begun with the initial telephone call to the Social Security Administration at its toll-free number (1-800-777-1213). They will ask you some basic questions over the telephone such as your name, address and telephone number. Then they will send a questionnaire to you to complete and return to them. At a later date you will receive two or three other questionnaires to complete and return to them. It is important that on these questionnaires you state all the reasons you believe you are unable to work, rather than just the main reason.

While it is not imperative that you have an attorney represent you, it is highly recommended that you have someone who is qualified in Social Security disability law to represent you, whether it is by an attorney or by a non-attorney representative. The process for obtaining Social Security disability benefits is a very long process that can seem complicated and confusing. It is important that you have someone on your side who understands the process and can guide you every step of the way. Many cases have been lost by claimants who attempted to represent themselves and then just simply gave up because they did not understand the administrative process.

Please understand first of all that the process is a lengthy administrative process, and that there are hundreds of people just like you who are applying for benefits. There are three main levels through which your claim will be processed: the initial, the reconsideration, and the hearing before the Administrative Law Judge. There is a fourth level known as the Appeals Council, which is used for cases that have been denied at the lower three. Then, if the Appeals Council denies the case, the case can be appealed to the U.S. court system. The length of time varies from state to state, but you should expect the duration of the process to be, at the very least, the better part of two years. Additionally, you should expect to be turned down twice before your case goes to the Administrative Law Judge.

Unfortunately, disability cases are determined by individuals who never see the patient/claimant. Included in that group who never sees the claimant is Quality Control, a group that plays an important role at SSA. Disability cases are evaluated for “decisional errors” for the purpose of quality control. In other words, if an examiner or a unit physician makes a decision that a Quality Control examiner disagrees with, that decision is counted as an error. Since job security is involved here, examiners and unit physicians quickly learn what will be counted as an error and thus lean toward denials rather than favorable decisions. In fact, QA rarely sends back cases that were denied.

Unfortunately dire need situations occur to a great number of families or individuals experiencing the Social Security disability administrative procedure. This is due in part to the fact that the procedure is quite lengthy and in part to the fact that the claimant’s financial situation has changed and not for the better. In many cases, the claimant was the sole breadwinner, if not the chief breadwinner. That means one income, or the only income, has disappeared. Unfortunately, the bills usually increase, due to doctor’s visits, hospitalizations, etc. Many claimants are forced to move in with relatives; others lose their home. This sort of situation to most individuals would easily fall into the realm of “dire need”. SSA, however, does not see it that way. In fact, it is only after a case passes through the initial and the reconsideration levels, and after an ALJ has set a hearing date, that a claimant has the opportunity to plead “dire need” and write a “dire need letter” requesting that the case be expedited. In reality, the claimant (rather than his attorney or family) should write the letter explaining the situation, and he should also attach any late notices from utilities or other creditors. Keep in mind that the actual hearing date could be a year from the date the hearing was requested, so the financial situation will only worsen, so any pride on the part of the claimant should be forgotten. The hearing office will only consider a dire need situation to be one in which the claimant’s home is about to be foreclosed, or where the claimant is about to be evicted because he is unable to pay rent, or where dire medical attention is needed. In some cases, a dire need letter can reduce the time for the hearing by several months.

Yes. In cases at both the initial and reconsideration levels where the claims have been pending for an unusually long period of time, claimants can call SSA (the local office) and speak to a claims representative who can give them general information on the case. The claimant can also call the disability examiner at DDS to check on the status. The SSA representative at the local office can provide the DDS’ telephone number. If the case has already gone to the ALJ level, the claimant can call the Office of Hearings and Appeals to inquire about the case. However, if a claimant has an attorney or representative, it should be the attorney or representative who contacts SSA.

Medication noncompliance can be factored into some cases, particularly when a claimant may not be taking medication as prescribed. The issue of compliance is a considerable factor in the evaluation of claims involving seizure disorder and asthma, and the listings state specifically that compliance is a necessary requirement for approval of a case. Simply stated, not taking prescribed medications can make a decisional difference in a case.

For self-employed claimants who are not blind, SSA must look at the claimant’s activities and their value to the business in order to decide whether the claimant is performing substantial gainful activities. This is sometimes difficult since self-employment earnings are affected by many factors and are therefore not always a reliable measure for SGA purposes. For SSA purposes an individual is self-employed if he provides significant services to the business; and if he receives the SGA level average monthly income; or if his work is comparable to the work of an unimpaired individual in his community doing the same or similar business; or if his average monthly work is worth the SGA level earnings in terms of its effect on the business, or compared to what he would have to pay someone else (employee) to do the same work.

Although virtually any medical impairment can constitute a disability if it is severe and thus prevents a person from the performance of substantial gainful work activity, the following is a list of impairments most often seen:

lower back
emphysema
asthma
cancer
personality disorders
depression
arthritis
epilepsy
hepatitis
diabetes

No, but depending on your impairment(s), a hospitalization may strengthen your case.

Even though surgery might have been recommended by your physician, SSA cannot require anyone to have surgery.

Depression, as with any other disease or impairment, is a disability only if it is severe enough to prevent a person from working. “Depression” comes in different “packages”, varies from person to person, and can severally impede a person’s daily activities. In addition, the depression may be compounded by another impairment, such as a bipolar personality disorder. Medical records from a physician or psychologist are extremely important and should indicate the severity of a claimant’s depression. SSA will determine whether a claimant’s depression prevents him from concentrating, whether he suffers from short term memory loss, whether there are suicide attempts or threats, whether the activities of daily living indicate that the claimant is unable to care for himself, and how the claimant interacts with other people. Additionally the number of episodes that occur throughout the year play an important role in determining whether a person is disabled, i.e., is he getting worse, improving, or staying the same? Hospitalizations for depression or suicide attempts are an important factor as well. Statements from family members are very important to a claimant’s case, since many times the claimant himself is not fully aware of his behavior around other people.

It is not too late to file for disability. In cases where the impairment is in an advanced stage or death is imminent, SSA is notified of the severity at the time the application is filed, and they will expedite the decision. Medical records will indicate the severity of the impairment.

No. As with any disease or impairment, SSA will look at the severity of the condition. Understand that there are many types of cancer. Some types of cancer cause death within a very short time; other types, such as skin cancer, may or may not be considered disabling.

If you believe that you will be off work for a year, you should file for disability benefits.

A section about ADHD, or Attention Deficit Hyperactivity Disorder, can be found in SSA’s Listing of Impairments. In a nutshell, ADHD cases are difficult and SSA almost always looks at how well the child is doing in school and how the condition affects his ability to engage in certain specific activities.

SSA’s definition of Attention Deficit Hyperactivity Disorder is that it is “manifested by developmentally inappropriate degrees of inattention, impulsiveness, and hyperactivity. “ The claimant must satisfy the level of severity found in both A and B of the Listings, which are that he has medically documented findings which indicate all of the following: marked inattention; and marked impulsiveness; and marked hyperactivity. They also must have (children ages 3 to 18) at least 2 of the following 3 conditions which are resulting from ADHD: Marked impairment in age-appropriate cognitive/communication function; marked impairment in age-appropriate social functioning; or marked impairment in age-appropriate personal functioning. Needless to say, you must have a history of well documented medical evidence to support these impairments. This will be found from the child’s school exams, including achievement scores and IQ tests, reports, teacher’s notes as well as from mental health officials and doctors.

Degenerative disc disease is a disorder of the spine. This category can be found in SSA’s Listing of Impairments and includes osteoarthritis, spinal stenosis, herniated nucleus pulposus, spinal arachnoiditis, as well as degenerative disc disease. Degenerative disc disease is a common impairment seen on disability applications of claimants of all ages. The general rule of thumb is, the younger the claimant the more difficult the case is to win. The problem is that SSA seems to have difficulty in being able to understand how debilitating back pain can be to an individual, and, therefore, how difficult it might be for that individual to perform the requirements of his or her job while at the same time dealing with back pain. That is why it is extremely important to have medical evidence such as doctor’s reports indicating a treatment, x-rays, MRIs, CAT scans. SSA generally requests an examination by one of its physicians when an applicant alleges a disorder of the spine.

Carpal tunnel syndrome cases are one of the more difficult cases to win a favorable decision, if the case is based solely on the CPS impairment. Carpal tunnel syndrome is an injury caused by repetitive movements. The individual feels a pinching of a nerve (the median nerve) that runs from the wrist to the fingers and base of the thumb. By itself, CPS does not seem to be disabling in the opinion of SSA. There is no listing for it in the book. For that reason, a claimant’s work history and overall physical or mental condition is of utmost importance. A person with severe CPS, whose past work depended on the ability to perform repetitive hand movements or grip, can be found incapable of returning to their past work. The next question is, can that person do any other type of work? If that person has CPS in both hands and the condition is such that the use of either hand is permanently and severely restricted, a medical vocational allowance might be given. This means that there is a condition or combination of conditions that warrant a favorable decision, and in most cases a claimant will have alleged more than one impairment. It only makes sense that the more things there are wrong with a person, the more limitations that person has.

Mesothelioma means cancer of the mesothelium, if it is in a malignant stage. This is an impairment commonly caused by asbestos exposure. The mesothellium is an organ that is essentially a protective membrane for the body’s internal organs. Without going into a lot of medical terminology, yes, it can most definitely be a disability.

There are well over 100 different types of arthritis. Here is some basic information on four common conditions claimed in SSA cases:

Rheumatoid Arthritis

This type of inflammatory arthritis not causes joint pain but can cause joint deformity if the condition is left untreated. It is a systemic disease, which means it can attack all the body systems. For that reason, it can attack the skin, the heart, the lungs, the kidneys, the nervous system, the muscles, and the bones. It can also attack the eyes and the throat.

Gout

Men are mostly affected by this condition, which for many years was thought of as the “disease of kings”, meaning a person who ate a “rich” diet was most prone to the disease. Unfortunately, anyone can be affected by the disease. Gout is an extremely painful type of arthritis. The attack of pain is sudden, with swelling, redness and warmth developing in the affected joint. Gout is caused from deposits of uric acid in the connective tissue or joint spaces or both. Unfortunately, there is no cure for gout, although most people can keep it under control and lead normal lives.

Osteoarthritis

This is probably the most common type of arthritis. If a person is age 75 or over, he probably has at least one joint affected by osteoarthritis. This condition is a caused by wear and tear of the cartilage. A person affected will have pain, swelling and loss of motion in the joint. In addition, the joint may change its shape or bone spurs may grow on the edges of the joint. Fortunately this condition is usually easily to diagnose.

Fibromyalgia

Fibromyalgia is a confusing and controversial condition, and for that reason is a difficult case to win without other impairments also being present. Fibromyalgia typically affects women of childbearing age. Its cause is not known. It is a chronic disorder that is characterized by musculoskeletal pain and fatigue. This is not a true type of arthritis as it does not cause deformity. Instead, it is a form of soft tissue rheumatism which causes pain, fatigue and aggravation to the women it affects. It is difficult to diagnose, as its symptoms are so similar to other impairments.

As a rule, insomnia is a symptom rather than the problem itself. Sleep deprivation can be an indication that a larger problem exists, such as a medical or psychiatric disorder. Insomnia can definitely be long term, and if a medical or psychiatric disorder does exist, insomnia could play a role in determining whether or not a disability exists.

As with any other impairment, the answer is maybe, maybe not. Ankylosing spondylitis (AS) is another form of arthritis. It mainly involves the spine and joints of extremities, such as the knees, hips and shoulders. It can cause inflammation of the eyes, lungs and heart. It is a member of the family of diseases that attack the spine, which are known as spondylarthropathies, into which Reiter’s syndrome is also included. Genetics appears to play a role in the cause of ankylosing spondylitis, and while it can occur in females but mainly occurs in young men. A diagnosis of AS is made based on medical history, a physical examination, blood tests and x-rays. The most common symptoms of ankylosis spondylitis is low back pain, stiffness, with pain and swelling in the shoulders, knees and hips. While the severity of the impairment would determine whether a disability exists, combined with other impairments, AS could certainly strengthen a case.

Recent surveys indicate that as many as 10 percent of the people in the U.S. may be affected by Raynaud’s phenomenon, and women are more likely than men to have it. Smokers are also a group who are likely to have it, although the cause of Raynaud’s is unknown. Unfortunately, it is another impairment that generally needs detailed, documented medical evidence in combination with another impairment in order to be successful as a disability. Raynaud’s syndrome is characterized by episodic attacks that affect the blood vessels of the fingers, toes, ears, and nose and cause them to narrow, thus causing a reaction such as skin discoloration and other changes. As the attack diminishes, redness may occur in the fingers and toes, as well as throbbing and tingling. This attack is usually triggered by either exposure to cold or by emotional stress and may last from a few minutes to an hour. Raynaud’s syndrome can either be in a primary or secondary form, and while it is easy to diagnose, it is more difficult to determine which form the patient has. Although treatment is not always successful, Raynaud’s phenomenon generally can be controlled by exercise, not smoking and generally being able to control stress, as well as with medications.

In and of itself alcoholism is not a disability. Congress has prohibited SSA from paying disability benefits because of alcoholism. However, alcoholics who become disabled due to other conditions can receive Social Security disability benefits.

The same rule applies to drug addiction as alcoholism.

If a child is under 18 years of age and the parent’s income is very low, that child possibly could qualify for children’s disability benefits under the SSI program. If a child is over 18 years of age, that child could possibly qualify for SSI benefits regardless of her parent’s income level.
Also, the child might be able to receive disability benefits from a deceased parent, or if one of the parents is drawing Social Security benefits of some sort.

As with other disability claims, SSA follows the 5 step rule, which is:

1. Is the claimant working? An individual working and earning more than $700 per month generally cannot be considered disabled. So if your answer to this step is “no”, we can go to the next step.

2. Is your condition severe?

If your condition interferes with your basic work-related activities, SSA will consider your claim. (Go to step 3) If it does not, your claim will be denied.

3. Can your listing be found in the List of Disabling Impairments?

SSA maintains a list of impairments that are severe enough to automatically qualifies an individual for disability. But if it is not on the list, SSA must determine whether it equals another impairment on the list. If it is, we can go to Step 4. Following is a complete list of some of the impairments associated with HIV infections.

Pulmonary tuberculosis resistant to treatment
Kaposi's sarcoma
Pneumocystis carinii pneumonia (PCP)
Carcinoma of the cervix
Herpes Simplex
Hodgkin's disease and all lymphomas
HIV Wasting Syndrome
Syphilis and Neurosyphilis
Candidiasis
Histoplasmosis

4. Are you able to do the work you did previously?
If not, we can go to Step 5. However, if you are able to do the work you did previously, your claim will be denied.

5. Are you able to perform any other type of work?
SSA will consider the medical conditions, age, education and past work experience when determining whether a claimant has any transferable skills, in the event a person cannot do the work they did in the past.

Documentation of this impairment is critical and must include laboratory test results and x-ray results. The HIV infection itself as well as any HIV-related manifestations must be documented. Signs and symptoms are very important and may include repeated infections; fever or night sweats; enlarged lymph nodes, liver, or spleen; generalized weakness; pain on exertion; persistent cough; headache; anorexia; nausea and vomiting, as well as the side effects of the medication, and, of course, depression

Yes. SSA recognizes that HIV infection can run its course differently in women and children than in men. SSA’s list of impairments describes the level of severity necessary for these impairments to be determined disabling. In order for a child to be found disabled, he or she must have a condition which matches or is equal in severity to either the adult or childhood HIV listing or another impairment found in the list of impairments.

There are three ways that a child could receive benefits from the Social Security Administration through either the Social Security disability insurance program or the Supplemental Security Income program. They are:
• Supplemental Security Income - these benefits are paid to disabled children under 18 years of age who have limited income or resources, or who are children of parents or homes with limited income and resources;
• Social Security Dependents Benefits - these benefits are paid to children under 18 years of age who have a parent who is collecting retirement or disability benefits from SSA.
• Social Security Survivors Benefits - These benefits are also paid to children under 18 years of age who has a parent who has died.
A child does not have to be disabled to receive these benefits, and the child can continue to receive these benefits until age 19 or if he or she is a full-time student in elementary or high school.

Yes. The law requires SSA to review a child’s disability to verify that he or she is still disabled at least every 3 years for a child under the age of 18 whose conditions are expected to improve, and not later than 12 months after birth for a baby whose disability is based on low birth weight unless SSA determines that the condition is not expected to improve by the child’s first birthday and SSA schedules the CDR for a later date. At the time that SSA does the CDR, the child’s parent or guardian to present proof that the child has been receiving treatment that is considered medically necessary and available for the child’s disabling condition.

In addition, children who are eligible for SSI benefits in the month that they turn 18 years of age must have their eligibility redetermined. The redetermination will be done during the one-year period before the child’s 18th birthday. SSA uses the rules for adults filing new claims when making this determination.

Social Security benefits are paid each month, but for the prior month. For instance, a check received in June is for the month of May.
Your benefit award notice will have this information on it. Generally, the day in the month on which you receive your benefit will depend on the birth date of the person on whose record you receive benefits. For example, if you receive benefits as a disabled worker, your benefit will be determined by your birth date, but if you receive benefits as a spouse, your benefit payment date will be determined by your spouse's birth date.
An example follows::
Birth date on
Benefits paid on

1st - 10th
Second Wednesday

11th - 20th
Third Wednesday

21st - 31st
Fourth Wednesday

For example, your date of birth is June 16. Your monthly retirement check will be paid on the third Wednesday of every month. The date you receive your benefits will have no effect on the way your benefits are figured.

Yes. Once you start receiving disability benefits, certain members of your family may also qualify for benefits on your record. While each family member may be eligible for a monthly benefit that is up to 50 percent of your disability rate, there is a limit to the total amount of money that can be paid to a family on your Social Security record. Although the limit varies, it is around 150 to 180 percent of your disability benefit. Should the sum of the benefits payable on your account be greater than this family limit, the benefits to the family members will be reduced proportionately. Your benefit will not be affected.

A dependent grandchild might qualify under the following conditions:

• the child must be unmarried; and
• be under age 18; or
• be 18-19 years old and a full-time student (no higher than grade 12); or

• be 18 or older and have a disability that started before age 22.
Usually, benefits cease when a child reaches 18 years of age. However, if that child is still a full-time student at a secondary (or elementary) school at age 18, the benefits will continue until that child graduates, or until two months after that child reaches 19 years of age, whichever is first. The child’s benefit amount would be approximately 150 to 180 percent of your disability benefit, if she were the only person receiving benefits on your record.

SSA refers to returning polio symptoms as ``Postpolio sequelae'' . Although a person may have had previously undetected motor residuals following an earlier infection, they may report symptoms later in life.
SSA reports that most polio survivors in the United States are now in their forties or older. SSA’s rules require that “an individual establish disability based on the existence of a medically determinable impairment; i.e., one that can be shown by medical evidence, consisting of symptoms, signs, and laboratory findings. Disability may not be established on the basis of an individual's statement of symptoms alone.” SSA does consider postpolio sequelae to be a medically determinable impairment when documented by appropriate medical signs, symptoms and laboratory findings, and it may be the basis for the finding of a disability. The claimants functional limitations will be considered.

Your ex-wife may qualify for benefits on your record under certain conditions. To qualify, she would need to:

• have been married to you for at least 10 years;
• be at least 62 years old;
• be unmarried; and
• not be eligible for an equal or higher benefit on his or her own Social Security record, or on someone else's Social Security record.
The amount of benefits payable to her would have no effect on the amount of benefits you or your current spouse may receive.

The term “offset” means that the amount a person would ordinarily receive for Social Security disability benefits is being reduced because of another disability payment that person is receiving. Normally, Social Security disability payments would not be affected by a disability payment from another source, but if the additional source is a worker’s compensation payment or a payment by another public disability program, then the Social Security disability payment is affected. The payment is reduced so that the combined amount of the two does not exceed 80% of the recipient’s average current earnings.

It is possible to apply for and receive what is known as a Waiver of Overpayment. You would be able to apply for the Waiver if you appeal their decision and win the appeal, or if the overpayment was their mistake and it would be a hardship for you to repay the amount.

Indeed it is. However, your dependent children may be entitled to a child’s benefit based on your benefit. If you have not already given SSA your children’s names, ages, addresses and Social Security numbers, you may add it to your record.

Unfortunately, the benefit is a set amount that is based on your earnings record.

You will receive the benefits until you reach retirement age or until your condition improves to the point that you are able to return to work on a full time basis for more than 9 months. SSA periodically can and does re-evaluate disability cases to determine whether an individual’s condition has improved.

We would have to say that the biggest mistake we see is claimants failing to appeal their claim. More than half of the people who receive a denial fail to appeal. Many people simple do not understand that the process to determine a person disabled is a very long one, so they simply give up.

The second biggest mistake would be lack of medical care. Many people do not understand that medical treatment records provide the most important evidence to prove a disability case. Some people with long-term, chronic conditions may feel that the doctors are not really helping them, so they stop going to their doctor, not realizing that it is a mistake, not only for their health, but also for their case.

SSA should consider all of your impairments and the combined effects they present. Many claimants have more than one health problem and the combined effects must be considered.

While hearings may vary from state to state, the hearings are all fairly informal and not at all like a trial in a court room. The hearing is generally in a small room, and the only people present usually are the judge, a secretary operating a tape recorder, the claimant, the claimant’s attorney, and anyone the claimant has brought as a witness. In some cases, the judge may have a doctor or a vocational expert to testify. SSA does not have a lawyer present, though, to represent it.

If you are denied by the Appeals Council, your next step would be to appeal to the Federal Courts. In fact, a Social Security disability claim can be appealed all the way to the U.S. Supreme Court, and the Supreme Court does hear an appeal about a Social Security disability case about once every two years..

There is not a requirement anywhere that a person has to have an attorney represent them. In fact, we have heard of people who have been successful at handling their own cases. However, we have also seen people lose benefits or be denied altogether because they handled their case themselves. We have also seen cases that had been started by a claimant that were not “fixable” by an attorney. In our opinion, It is important to get an experienced attorney to guide you through the process right away.

We would have to say that most claimants are really disabled. The process for determining whether or not a person is disabled is very long and complex, and there is a checks and balances system in place at SSA whereby it seems that cases are meant to be denied rather than allowed. For that reason, it would be difficult, at least, to fake a disability.

Sorry. It doesn’t work that way. In fact, SSA makes it very difficult for people to get disability benefits. In a nutshell, it is SSA’s job to deny a claim for disability benefits.

In most disability cases, an attorney will accept your case on a “contingency basis”. This means that the attorney gets paid only if he or she wins your case.

The Social Security Administration is not concerned about the fact that you cannot return to your previous employment. You must prove that you cannot return to any employment, no matter what it might be.

If you have a question, we would recommend that you first call your attorney, then if you are still not satisfy that you call the district office where you initially filed your claim. The 800 number for SSA has been proven unreliable time and time again. You must understand that because of the many levels and departments involved, the right hand at SSA does not always know what the left hand is doing. The district office generally can give you reliable information, though.

There are three ways that a child could receive benefits from the Social Security Administration through either the Social Security disability insurance program or the Supplemental Security Income program. They are:
• Supplemental Security Income - these benefits are paid to disabled children under 18 years of age who have limited income or resources, or who are children of parents or homes with limited income and resources;
• Social Security Dependents Benefits - these benefits are paid to children under 18 years of age who have a parent who is collecting retirement or disability benefits from SSA.
• Social Security Survivors Benefits - These benefits are also paid to children under 18 years of age who has a parent who has died.
A child does not have to be disabled to receive these benefits, and the child can continue to receive these benefits until age 19 or if he or she is a full-time student in elementary or high school.

Yes. The law requires SSA to review a child’s disability to verify that he or she is still disabled at least every 3 years for a child under the age of 18 whose conditions are expected to improve, and not later than 12 months after birth for a baby whose disability is based on low birth weight unless SSA determines that the condition is not expected to improve by the child’s first birthday and SSA schedules the CDR for a later date. At the time that SSA does the CDR, the child’s parent or guardian to present proof that the child has been receiving treatment that is considered medically necessary and available for the child’s disabling condition.

In addition, children who are eligible for SSI benefits in the month that they turn 18 years of age must have their eligibility redetermined. The redetermination will be done during the one-year period before the child’s 18th birthday. SSA uses the rules for adults filing new claims when making this determination.

Social Security benefits are paid each month, but for the prior month. For instance, a check received in June is for the month of May.
Your benefit award notice will have this information on it. Generally, the day in the month on which you receive your benefit will depend on the birth date of the person on whose record you receive benefits. For example, if you receive benefits as a disabled worker, your benefit will be determined by your birth date, but if you receive benefits as a spouse, your benefit payment date will be determined by your spouse's birth date.
An example follows::
Birth date on 1st - 10th
Benefits paid on Second Wednesday

Birth date on 11th - 20th
Benefits paid on Third Wednesday

Birth date on 21st - 31st
Benefits paid on Fourth Wednesday

For example, your date of birth is June 16. Your monthly retirement check will be paid on the third Wednesday of every month. The date you receive your benefits will have no effect on the way your benefits are figured.

Yes. Once you start receiving disability benefits, certain members of your family may also qualify for benefits on your record. While each family member may be eligible for a monthly benefit that is up to 50 percent of your disability rate, there is a limit to the total amount of money that can be paid to a family on your Social Security record. Although the limit varies, it is around 150 to 180 percent of your disability benefit. Should the sum of the benefits payable on your account be greater than this family limit, the benefits to the family members will be reduced proportionately. Your benefit will not be affected.

A dependent grandchild might qualify under the following conditions:

• the child must be unmarried; and
• be under age 18; or
• be 18-19 years old and a full-time student (no higher than grade 12); or

• be 18 or older and have a disability that started before age 22.
Usually, benefits cease when a child reaches 18 years of age. However, if that child is still a full-time student at a secondary (or elementary) school at age 18, the benefits will continue until that child graduates, or until two months after that child reaches 19 years of age, whichever is first. The child’s benefit amount would be approximately 150 to 180 percent of your disability benefit, if she were the only person receiving benefits on your record.

SSA refers to returning polio symptoms as ``Postpolio sequelae'' . Although a person may have had previously undetected motor residuals following an earlier infection, they may report symptoms later in life.
SSA reports that most polio survivors in the United States are now in their forties or older. SSA’s rules require that “an individual establish disability based on the existence of a medically determinable impairment; i.e., one that can be shown by medical evidence, consisting of symptoms, signs, and laboratory findings. Disability may not be established on the basis of an individual's statement of symptoms alone.” SSA does consider postpolio sequelae to be a medically determinable impairment when documented by appropriate medical signs, symptoms and laboratory findings, and it may be the basis for the finding of a disability. The claimants functional limitations will be considered.

Your ex-wife may qualify for benefits on your record under certain conditions. To qualify, she would need to:

• have been married to you for at least 10 years;
• be at least 62 years old;
• be unmarried; and
• not be eligible for an equal or higher benefit on his or her own Social Security record, or on someone else's Social Security record.
The amount of benefits payable to her would have no effect on the amount of benefits you or your current spouse may receive.

The term “offset” means that the amount a person would ordinarily receive for Social Security disability benefits is being reduced because of another disability payment that person is receiving. Normally, Social Security disability payments would not be affected by a disability payment from another source, but if the additional source is a worker’s compensation payment or a payment by another public disability program, then the Social Security disability payment is affected. The payment is reduced so that the combined amount of the two does not exceed 80% of the recipient’s average current earnings.

It is possible to apply for and receive what is known as a Waiver of Overpayment. You would be able to apply for the Waiver if you appeal their decision and win the appeal, or if the overpayment was their mistake and it would be a hardship for you to repay the amount.

Indeed it is. However, your dependent children may be entitled to a child’s benefit based on your benefit. If you have not already given SSA your children’s names, ages, addresses and Social Security numbers, you may add it to your record.

Unfortunately, the benefit is a set amount that is based on your earnings record.

You will receive the benefits until you reach retirement age or until your condition improves to the point that you are able to return to work on a full time basis for more than 9 months. SSA periodically can and does re-evaluate disability cases to determine whether an individual’s condition has improved.

If you have been convicted of a crime and have to go to jail. Benefits are generally not paid for the time a person is incarcerated, but any family members eligible to receive benefits based on your work may continue to receive benefits.

When SSA elects to review your case, it will send you a letter notifying you. The letter will be followed by a telephone call from your local SSA office to explain the review process as well as your appeal rights. The SSA representative will ask you to provide information regarding your medical treatments and any work that you may have performed. Then a disability examiner and a doctor will review your file and request your medical records. If they feel you need a special examination by another doctor, SSA will arrange it, pay for the examination and some of your transportation costs. When a decision has been made, SSA will send you a letter notifying you that you are still disabled and will continue to receive benefits, or that SSA has determined that you are no longer disabled. If you disagree with SSA’s decision, you can appeal. If you do not file an appeal, your benefits will cease 3 months after SSA determines your disability ended.

Each community has a social services department in the hospital or clinic. There are also private nonprofit health groups who assist individuals. Each state has a vocational rehabilitation agency as well as state and local social service agencies who have information available to people with disabilities.

SSA’s rule for eligibility for SSI is as follows:
Generally, if you are a noncitizen, you may be eligible for SSI if:
• You were lawfully living in the U.S. on August 22, 1996 and you were blind or disabled on that date, or you were receiving SSI on August 22, 1996;

• You were lawfully admitted for permanent residence under the Immigration and Nationality Act (INA) and have a total of 40 credits of work in the U.S. Your spouse’s or parent’s work also may count.

Other noncitizens who may be eligible for SSI payments include active duty members of the U.S. armed forces; American Indians born outside the U.S; certain noncitizens admitted as Amerasian immigrants; and Cuban or Haitian entrants, as well as others.

If a parent receiving Social Security benefits is deceased, a newborn may qualify for survivors benefits.
Your local SSA will help you apply for these benefits. You, too, may qualify for benefits as your husband’s widow.

Schizophrenia is characterized by the onset of psychotic features with the deterioration from a previous level of functioning. SSA’s required level of severity is met when the requirements in both A and B are satisfied, or when the requirements in C are satisfied. They are as follows:
A. Medically documented persistence, either continuous or intermittent, of one or more of the following:
1. Delusions or hallucinations; or
2. Catatonic or other grossly disorganized behavior; or
3. Incoherence, loosening of associations, illogical thinking, or poverty of content of speech if associated with one of the following:
a. Blunt affect; or
b. Flat affect; or
c. Inappropriate affect;
OR
4. Emotional withdrawal and/or isolation;
AND
B. Resulting in at least two of the following:
1. Marked restriction of activities of daily living; or
2. Marked difficulties in maintaining social functioning; or
3. Marked difficulties in maintaining concentration, persistence, or pace; or
4. Repeated episodes of decompensation, each of extended duration;
OR
C. Medically documented history of a chronic schizophrenic, paranoid, or other psychotic disorder of at least 2 years' duration that has caused more than a minimal limitation of ability to do basic work activities, with symptoms or signs currently attenuated by medication or psychosocial support, and one of the following:
1. Repeated episodes of decompensation, each of extended duration; or

2. A residual disease process that has resulted in such marginal adjustment that even a minimal increase in mental demands or change in the environment would be predicted to cause the individual to decompensate; or
3. Current history of 1 or more years’ inability to function outside a highly supportive living arrangement, with an indication of continued need for such an arrangement.

SSA’s acceptable medical sources include the following:

• licensed physicians (medical or osteopathic doctors);
• licensed or certified psychologists;
• licensed optometrists (measurement of visual acuity and visual fields);
• licensed podiatrists (for purposes of establishing impairments of the foot, or foot and ankle only, depending on the State in which the podiatrist practices);
• qualified speech-language pathologists (for purposes of establishing speech or language impairments only);

as well as the medical evidence SSA requests from hospitals, clinics, or other health facilities where the claimant has been treated.

SSA considers growth impairment as possibly being disabling in itself or as an indicator of the severity of the impairment due to a specific disease process. Growth impairment determinations must be based on a child’s current height with at least 3 previous determinations, including the child’s height and length at birth, and these should be plotted on a standard growth chart. The child’s body weight corresponding to the ages represented by the heights should also be included, as well as the adult heights of the child’s natural parents and heights and ages of the child’s siblings. These findings provide SSA with a basis upon which to identify children whose short stature represents a familial characteristic rather than a result of disease.

In order to meet the listing, a hearing impairment not restorable by a hearing aid would be one manifested by one of the following: (a) the average hearing threshold sensitivity for air conduction of 90 decibels or greater, and for bone conduction to corresponding maximal levels, in the better ear, determined by the simple average of hearing threshold levels at 500, 1000, and 2000 hz.; or (b) by speech discrimination scores of 40 percent or less in the better ear.

In evaluating the loss of speech, SSA considers the ability to produce speech to include the use of mechanical or electronic devices that improve voice or articulation. Additionally, however, an impairment of speech may also be evaluated under the body system for the underlying disorder, such as neurological disorders.

In evaluating an individual’s claim for either Social Security disability benefits or SSI, SSA considers medical records, including examinations and medical tests, from worker’s compensation and other programs. However, SSA will make it’s own determination as to whether the individual is disabled.

If a case seems to be taking an unusually long time to process, sometimes a congressional inquiry will help your case be processed a little faster. That does not mean that special consideration will be given with any and all cases, however. Your attorney should be taking care of this for you.