Massachusetts Social Security Disability Lawyer FAQs

1. What is the definition of Social Security disability ?
2. How long must I be disabled before I can file for disability benefits?
3. Can I get both workmen's compensation and Social Security benefits?
4. What is the difference between SSDI benefits and SSI benefits?
5. Do I have to be poor to apply for disability benefits?
6. How do I apply for disability benefits?
7. Who decides whether I am disabled?
8. What factors does Social Security use to determine disability?
9. Do I need an attorney to represent me in my disability claim?
10. What is the fee for attorneys?
11. If I win my case, how much will my monthly benefits be?
12. What type of medical insurance will I receive if I win my Social Security case?
13. If I receive disability benefits, can I return to work?
14. Why does it take so long for a claim to be decided?

What is the definition of Social Security disability ?

Disability is defined as the "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months." Earnings of more than $740.00 per month is considered gainful employment.

How long must I be disabled before I can file for disability ?

You can file for benefits the day you become disabled. However, the law requires that your illness or injury must be expected to keep you out of work for a year or more.

Can I get both workmen's compensation and Social Security benefits?

Yes. However, there is a complicated formula which will offset some of your Social Security benefits. In essence, you cannot receive the full benefit of two disability determinations at the same time.

What is the difference between SSDI benefits and SSI benefits?

SSDI (Disability Insurance Benefits) are the most common kind of benefit. To be eligible, the general rule is that you must have worked at least five of the last 10 years before you became disabled. (SSI) Supplemental Security Income benefits are paid to poor and disabled people, whether or not they've ever worked.

The standard of proving disability, however, is the same under both SSDI and SSI.

Do I have to be poor to apply for disability benefits?

No. If you have worked in recent years or if you are applying for Disabled Widow's or Widower's benefits, it does not matter how much money or assets you have.

How do I apply for disability benefits?

Go to your local Social Security Office and apply in person or call the Toll Free Social Security Number, 1-800-772-1213 and request a telephone interview.

Who decides whether I am disabled?

Once you file a claim, your case is sent to the Disability Determination Service. If the claim is denied and you, you can request a reconsideration and the case is sent to a different disability examiner for review.

What factors does Social Security use to determine disability?

The most important factor is your medical records and statements by your doctors.Other important factors include your age, education and past work history. Some cases can be decided in your favor based on the Listings (or Statutes) regarding various conditions. However, it is rare that a condition arises to the level of one of the Listings. Most cases are decided based on whether you retain the “residual functional capacity” to perform your past work, or any other work.

Do I need an attorney to represent me in my disability claim?

No – you are free to represent yourself. Lawyers can assist you with their understanding of Social Security disability law, procedures in the Court, and familiarity with the Judges.Often, claimants will represent themselves at the first stage – if they get denied, it is common to retain an attorney to assist in filing an appeal and seeing the case all the way through to the Hearing stage.

What is the fee for attorneys?

Attorneys charge based on a “contingent fee agreement” – that is, they only get paid if the case is decided in your favor. Social Security sets the fee at the lesser of $5,300, or 25% percent of your retroactive benefits.

If I win my case, how much will my monthly benefits be?

For SSDI cases, your monthly benefit is based on the amount of Social Security taxes have been paid into the system. For SSI cases, the amount is set by the State where you file.

What type of medical insurance will I receive if I win my Social Security case?

For SSDI cases, if you have been disabled for more than 24 months, you qualify for Medicare insurance. Medicare pays for doctors’ visits and hospital stays. There are deductible payments that you will be responsible for.

For SSI cases, you are entitled to Medicaid insurance.

If I receive disability benefits, can I return to work?

In some situations, yes.If you receive SSDI benefits, you can still work – as long as you are making less than $740.00 per month. For SSI cases, you can work but your benefits will be reduced by the amount of money you earn. There are also work incentive programs set up by Social Security which will allow you to return to work on a full-time basis – if you have to stop working at some point, your benefits will be reinstated.

Why does it take so long for a claim to be decided?

There are many factors which can slow a case down. At the beginning levels of a case, Social Security may ask you to be evaluated by one of their doctors. It can take time to set up the appointment, and for the doctor to send in his report. At the Hearing level, if often takes several months just for the Hearing to be scheduled. This is due to the numerous claims that have been filed. After the Hearing, some Judges can take a while to either make a decision or write their decision. Sometimes it simply takes time for the word processors to type the decision, or to make changes made by the Judge.