Social Security Disability: Initial Application
What is Social Security Disability?
The Social Security Administration (SSA) manages the Social Security Disability Program. There are two programs that provide monthly cash benefits to disabled adults and children. Social Security Disability Insurance (SSDI) is a program that requires a certain work history. Supplemental Security Income (SSI), on the other hand, requires an individual be below certain income and asset thresholds.
Filing an application is the first step in qualifying for SSDI or SSI. You can apply for Social Security disability benefits online, by phone, or in person.
The timeline from submitted application to initial decision can vary widely. In some states and circumstances, it can take up to a year to get the initial decision on your application for Social Security disability benefits. In other states and circumstances, the timeline is as short as three to six months.
Who Can Apply for Social Security Disability?
Any person who is disabled and unable to work can apply for SSDI or SSI. While there are exceptions to this rule, generally speaking, if you have worked five of the last ten years, you may qualify for SSDI if you are found disabled.
If you are single with assets less than $2,000, you may qualify for SSI if you are found disabled. If you are married with assets less than $3,000, you may qualify for SSI if you are found disabled.
Adults that have not recently been denied disability benefits can use SSA’s online application to apply for SSDI or SSI.
What Constitutes a Disability
In order to qualify for SSDI or SSI benefits, you must be disabled and unable to work for a period of at least twelve months. To meet that definition, you must have at least one severe impairment that prevents you from performing your past work or any other work.
SSA uses several different mechanisms to determine disability, including (1) using the Listing of Impairments and (2) determining a residual functional capacity (RFC) and evaluating whether you can perform any work with such an RFC.
When considering whether you are disabled by the SSA rules, SSA will request and review relevant medical evidence. This includes records from hospitals, clinics, and individual care providers during the relevant time frame. To help SSA obtain these records, you should provide the names of the doctors, hospitals, and clinics you have been seen at as well as the address and phone number for the provider. Additionally, knowing when you first saw each provider, when you most recently saw each provider, and if you have an upcoming appointment scheduled can be helpful to SSA.
What Do You Need to Apply?
You will need to know certain information about you, your work history, your education, and your medical conditions. This includes your date of birth, place of birth, and Social Security number. You will also need to know the name, Social Security number, and date of birth/age of your current spouse (and any former spouses) as well as the names and dates of birth of your minor children.
You will need to provide SSA information on how much income you earned last year and this year and the name and address for your employer(s) last year and this year. You will also need to provide up to five jobs that you had in the prior fifteen years and the dates worked.
If you receive any workers’ compensation or other disability benefits, you will need to tell SSA about that as well. This includes workers’ compensation benefits, civil service retirement, Federal employees’ retirement, state or local government disability insurance benefits, and short- or long-term private disability benefits.
You will need to provide SSA information about your medical conditions, including a list of your conditions. You will also need to provide the names, addresses, phone n umbers, and dates of treatment for all doctors, hospitals, and clinics you have seen since you became unable to work. Sometimes, you may want to provide this information for the year prior to when you became unable to work as well.
You may need to show SSA additional documents, including a birth certificate, proof of United States citizenship, W-2 forms, and copies of medical evidence you already have in your possession.
Social Security will likely also send you an SSA-827 for you to sign and return to them. This form is an Authorization to Disclose Information to the Social Security Administration and allows SSA to obtain your medical records from your health care providers.
What Happens Next?
After you submit your initial application, SSA or your state agency will review your case. In reviewing your case, SSA will request your medical records and may send you to one of their contract doctors for an evaluation. SSA may also send you questionnaires that ask about your ability to function on a daily basis.
After reviewing the file and making the initial determination, SSA will send you a decision in the mail.
Unfortunately, as many as 70% of initial Social Security disability applications are denied. If your initial application is denied, you may be able to continue your pursuit of Social Security disability benefits by filing a request for reconsideration and potentially a request for hearing before an Administrative Law Judge.
Important Considerations When Applying for Social Security Disability
You will want to make sure you are providing the Social Security Administration with accurate and up-to-date information. Providing inaccurate information can delay the processing time for your application.
We can assist clients with their initial application if they meet certain criteria. To see if you are eligible for our Initial Application Assistance Program, click here.
The application process for Social Security Disability benefits can be tiring, time-consuming, and frustrating. However, having an attorney on your side can help you get approved.