Social Security Disability
Cary Wing Edmunson, PC

1. I had to quit my job and my doctor says I won’t be able to return for at least a year. Am I eligible for Social Security Disability insurance?

Probably, as long as you have worked at least 5 years in the 10 years before you became disabled. Social Security Disability is a program for people who have been in the work force and paid into social security through their payroll taxes or as self-employed workers. You must be off work, or expected to be unable to work, for 12 months to qualify for SSD.

2. I have been on state workers’ compensation insurance. Now my comp claim is going to be closed and I will no longer receive time loss checks. Will social security start paying me right away?

You must apply for Social Security Disability to receive benefits – payments are not sent automatically. Go to the nearest Social Security office and fill out a claim form, listing the date you last worked as when you became disabled. You may not receive social security payments when you were on workers’ compensation time loss, or your SSD payments may be reduced, but it is important to file the claim anyway. If your claim is denied, contact an attorney who practices social security law to appeal the claim.

3. I am 30 years old, with a college education, and I need back surgery. My neighbor told me to apply for Social Security Disability. What are the chances I qualify for benefits?

Regardless of your age and education, you can obtain Social Security Disability benefits if you suffer a severe medical condition that prevents all work activity for at least 12 months. Older workers and those who have less than high school educations may qualify for SSD with less serious conditions. It is a good idea to apply if you have been off work and do not expect to return within a year.

4. My doctor recommended social security, and she promised to help me get benefits. Do I also need a lawyer to help me?

Your doctor’s expert opinion, plus clinical tests and evaluations, are very important to prove a claim for Social Security Disability. Nevertheless, the social security system is a complex field of federal law and regulations. We can work with your doctor to best present your claim if an administrative hearing is required.

5. I applied for Social Security Disability once and was turned down. Can I apply again if I still can’t work?

Yes. As long as you are “insured” through the Social Security system, you can repeatedly apply for disability. You also may have your former claim reexamined if you have new information, even if the claim had been denied.