Frequently Asked Questions about Social Security Disability
For more information on these and other Social Security Disability issues, contact a lawyer at Manring & Farrell today.
What are Social Security Disability Insurance Benefits (SSD)?
When a person works they pay taxes. Part of the taxes paid out of each paycheck is for FICA taxes. Part of this tax is your contribution to your retirement account with Social Security. Part of the FICA tax also represents what the government charges to provide Social Security Disability Insurance benefits. So, Social Security Disability Insurance Benefits are benefits you have earned and paid for when you were working and paying taxes before you became disabled. If you pay into Social Security you have protection - like a private insurance policy.
If you become disabled and are not able to work, Social Security Disability Insurance Benefits provide you with income while you remain disabled. You must be disabled and meet certain medical requirements to get SSD. The monthly amount of benefits you receive is based on the earnings on which you have paid taxes.
SSD benefits are not income dependent. Therefore, you would still receive your monthly benefit regardless of other income, say, for example, from stocks, long-term disability insurance benefits, 401(k) plans or assets that you may have. However, receipt of State or Federal workers' compensation benefits may reduce the amount of SSD benefits you can receive.
What are Supplemental Security Income Benefits (SSI)?
Supplemental Security Income Benefits is a program for individuals who have not paid enough taxes to the government to be covered by insurance through Social Security Disability Insurance Benefits. This includes people who have not worked at all or have worked very little. It also includes children, people who may have worked and not paid taxes on their earnings, and many other people who are not protected by regular Social Security Disability Insurance Benefits.
If you become disabled and are not able to work, Supplemental Security Income Benefits can provide you with income while you remain disabled. You must be disabled and meet certain medical requirements to get SSI.
You must also meet certain financial eligibility requirements. The monthly amount of benefits you receive is based on figures set by Social Security. SSI benefits are based on the income in your home. So, Social Security will ask you about all income you or your spouse have coming in to your house. Social Security will also ask about your bank accounts, loans you received from family members, and will ask questions about the value of things like life insurance, extra cars and rental property. These types of things may affect the amount of SSI benefits you can receive.
How Do I Choose an Attorney?
Your Social Security claim is very important - it may be the only source of income you have until you are able to return to work. If you already have an attorney with whom you have an established relationship, you should ask that lawyer for a recommendation. You could also ask friends who have needed an attorney for their SSD or SSI case. But remember - there are many questions you should think about when talking to an attorney - and you should get answers to all of those questions.
- How long have you been practicing law?
- Do you work by yourself or with other attorneys in your office?
- How long have you been handling SSD and SSI cases?
- About what percentage of your law practice is limited to SSD and SSI cases?
- How much of your continuing legal education is just for SSD and SSI matters?
- Are you a member of the National Organization of Social Security Claimant's Representatives (NOSSCR)
At Manring & Farrell, our lawyers have been in practice for many years, and all of our attorneys are members of NOSSCR. All of our lawyers work together on all cases and we all get training and CLE in 2 primary areas - Social Security (SSD and SSI) and in ethics and professionalism as required by the Ohio Supreme Court. Most of our practice is limited to the handling of SSD and SSI claims.
What other kinds of Social Security benefits might I be eligible for?
There are several types of benefits a person may get from Social Security. Some of the main types of Social Security claims include:
- Disabled Widow's and Widower's Benefits are paid to individuals after their spouse has died, who are at least 50 years old and who have become disabled within seven years after the death of their spouse. The late spouse must have worked enough under Social Security to be insured.
- Disabled Adult Child Benefits go to the disabled children of persons who are deceased or who are drawing Social Security disability or retirement benefits. The child must have become disabled before age 22 and must never have married. Benefits can be paid after age 22 - but the child must show that the disability began before age 22.
- Disability Insurance Benefits are benefits you have earned and paid for when you were working and paying taxes before you became disabled. If you pay into Social Security you have protection - like a private insurance policy. You must have worked and paid enough taxes, and you must prove you are disabled to get Social Security Disability Insurance Benefits.
- Supplemental Security Income Benefits are paid to adults who are disabled and who meet other financial requirements. To get SSI benefits it does not matter whether a person has ever worked in the past.
- SSI Child's Disability Benefits are SSI benefits for children who have a disability under special disability guidelines. A child must be disabled to get SSI Child's Disability Benefits and the family income must not exceed certain levels
At Manring & Farrell, our lawyers handle all of these types of Social Security cases, and more. If you have questions about any of these types of cases, please call our office.
How much will I owe for fees?
You should ask questions about your fees until you are sure you feel comfortable with what any lawyer is telling you. At Manring & Farrell, most cases are handled on a "contingent" basis - we only charge a fee if you win your case. Our fee is limited to no more than 25% of the past due benefits you receive. In many case our fee is less than 25% of your back due benefits because many cases involve a "cap" or limit on our fee that is approved by Social Security.
We provide all clients a copy of our fee agreement for their records. If there are exceptions to our standard fee agreement, we will fully discuss any changes with you before we start representing you.
How much will I owe for costs?
Costs are limited to out-of-pocket expenses for medical records, reports, specialist examinations, and in a very few cases for court costs. In most Social Security claims there are no costs or the costs are very minimal. Any costs are the responsibility of the client and are in addition to the fees due.
At Manring & Farrell, if we learn there are costs involved in your claim, we will discuss that with you before we spend any money. Decisions about spending money are your decisions. We will give you our advice about whether an expense is "really" necessary.
Should I try to return to work while I am waiting for my claim to be decided?
There are many ways a person is allowed to try to work without giving up all the benefits for the time they are off work. Your work attempt could be considered a trial work period or an unsuccessful work attempt. Your work attempt could be specially accommodated, or could be so short that Social Security does not even count it as substantial gainful activity or "real work."
The decision about whether you can try to work is a decision you need to make after talking with your doctor about your medical conditions and after considering many things in your family and personal life.
In general, if you are able to return to work successfully, you will usually be better off in the long run. And, if you try to return to work but have problems doing the job and have to stop, that may help prove how disabled you are.
We recommend you discuss this with your attorney, as there are many rules about when you may work and how much you may earn. Each case will depend on the specific medical facts and personal issues that apply only to your case. But remember - always let your attorney know when you attempt to return to work, no matter how long.
I get workers' compensation benefits - can I still get Social Security benefits too?
Many people who are receiving workers' compensation benefits may receive at least some small amount of Social Security disability benefits and, in a large number of cases, may still receive full payment from Social Security. In Ohio, if a claimant is receiving workers' compensation benefits, it is Social Security disability benefits that are reduced. Workers' compensation claim includes benefits paid by an employer or by the Ohio Bureau of Workers' Compensation for a total or partial disability. This includes Federal workers' compensation benefits, Public Employees Retirement benefits based on a disability (PERS), and any state program like School Employees Retirement benefits based on a disability (SERS).
For some workers' compensation benefits - like a final settlement - it is very easy to add language to the settlement papers to make sure you receive all your Social Security benefits and all your workers' compensation benefits too.
You need to discuss this with your attorney as early as possible.
I get Long-term Disability insurance benefits - will that affect my Social Security benefits?
Some people are fortunate enough to have monthly long term disability (LTD) insurance benefits through an LTD company (UNUM, Hartford, Provident, etc.). Many of these benefits are provided by your employer as a part of an employee's benefits package and are taxable benefits.
Almost all LTD plans now require a claimant who has been off work for 12 months to pursue a claim for Social Security disability insurance benefits. And, after the favorable decision from Social Security, almost all LTD plans require the claimant to reimburse the LTD plan with all benefits paid by Social Security to the claimant and any dependents.
Most LTD plans do not have annual cost of living inflation adjustment (COLA) provisions: The LTD benefits being paid are the same every year. Most LTD plans only require being repaid at the base rate initially awarded by Social Security.
Most LTD insurance plans provide a claimant with a credit for the amount of any attorney fee paid from his or her past due Social Security benefits. The amount you owe to the LTD company is the amount of benefits paid by Social Security less any attorney fees, and less any annual cost of living inflation adjustment.
If you get or may be eligible to get long term disability (LTD) insurance benefits, you will want to discuss this with your attorney as early as possible.
What can I do for help with my bills and medical care while I wait for my claim to be approved?
If you are a veteran, you may be eligible for service connected or non-service connected VA benefits. Call Manring & Farrell if you want more information about VA Disability claims as our office may be able to help you get those benefits. You need to file an application for both service connected and non-service connected VA benefits as soon as possible.
- You should contact you local County Department of Jobs and Family Services (DJFS) to see if you are eligible for a medical card through Medicaid, food stamps or cash assistance. Call our office to discuss this further.
- There are programs available to help with medication costs. Talk to your doctor to see if you qualify for any special medication sample programs. You may contact the Partnership for Prescription Assistance, a program that may be able to provide help in filling prescriptions. They may be contacted toll free at 1-888-477-2669, or on the web at http://www.pparx.org/.
- If you have problems with depression, anxiety or bad nerves, you should contact your family doctor for help. You should also consider contacting your local area Mental Health Clinic. Remember - even seeing a specialist once every few months is better than not seeing someone at all.
- If you have a workers' compensation claim, get regular treatment through your physician of record. And, if you have conditions not recognized as part of your workers' compensation claim, talk to your workers' compensation attorney to see if you need to ask to have your claim updated for an "additional allowance."
There may be other options available for you to consider that may help your Social Security claim. Please contact our office and we will discuss this with you based on the facts of your case.
If Social Security reviews my claim and stops my benefits, what can I do?
You should appeal immediately. If you appeal within 10 days after being notified that your disability benefits are being stopped, you can ask that your disability benefits and Medicare benefits be continued. You may also want to talk with an attorney about representation on your case, but you should file the appeal immediately.
My doctor says I am disabled and cannot work. Why is Social Security denying my disability claim? What do I do?
Social Security says that it is not up to your doctor to determine whether or not you are disabled. Social Security will have their own doctors review your file, and sometimes will send you to an exam by one of their doctors, before making their own decision about whether you are disabled - regardless of what your doctor thinks. Remember that it is important to tell your doctors about all your medical problems - physical and emotional - so that Social Security eventually has all the information needed for your case.
Is it okay to ask my U.S. Senators or U.S. Congressional Representative to check into my Social Security claim?
Absolutely! The only way your elected officials know how hard things are for you is if they hear from you - and they are the ones who can give Social Security more money to hire enough people to speed things up. Many Social Security disability claimants become frustrated with claim delays and eventually ask their U.S. Representative or Senator to help. Your U.S. Representative or Senator cannot make Social Security decide your case in your favor - but they can sometime help speed up a stalled process, such as when you have been approved but cannot get your past due money.
Contact an attorney at Manring & Farrell today to further discuss your Social Security Disability case, questions, concerns and needs.
Manring & Farrell
167 North High Street
PO Box 15037
Columbus, OH 43215
Phone: (614) 221-1827
Toll-free (Ohio only) 1-800-660-3066
e-mail
The law offices of Manring & Farrell represents clients filing for Social Security Disability Insurance and Supplemental Security Income throughout Ohio including Central and Southern Ohio, Franklin County, Delaware County, Knox County, Licking County, Fairfield County, Pickaway County, Madison County, Union County, and Washington County as well as the cities of Columbus, Dublin, Worthington Westerville, New Albany, Gahanna, Reynoldsburg, Pickerington, Canal, Dayton, Springfield, Winchester, Grove City, Hilliard, Upper Arlington, Marietta, and Cleveland.
