FREQUENTLY ASKED QUESTIONS:

Q.     What is the practical definition of disability?

Q.     When should I apply for Social Security Disability?

A.    You should apply for Social Security Disability as soon as you become unable to work and it is reasonably expected that you will not be able to work for 12 months.

Q.     Are there retroactive benefits?

A.     When you apply for Social Security Disability, you may possibly get retroactive benefits going back as far as one year prior to your filing date, depending on the specifics of your claim.

Q.     When should I apply for Supplemental Security Income (SSI) benefits?

A.     You should apply for Supplemental Security Income (SSI) benefits as soon as you become disabled. Unlike Social Security Disability, there is no retroactivity prior to your application so the sooner you file the safer you are.

Q.     I applied for Supplemental Security Income (SSI) but now I’m told I should have applied for Supplemental Security Income (SSI) and Disability. Is there any way to fix that?

A.     Generally, a Supplemental Security Income (SSI) application will be considered an application for any program you might be eligible for under that Social Security number. Therefore, if you apply for Supplemental Security Income (SSI) and by mistake don’t apply for Social Security Disability (SSD) , generally the Supplemental Security Income (SSI) will be considered a protective filing date. It is always safest to apply for both programs.

Q.     I applied for Social Security Disability (SSD) and now I’m told I did not meet the earnings requirements and should have applied for Supplemental Security Income (SSI). Is there any way to fix that?

A.     Generally, the government will accept an application for Social Security Disability (SSD) as an application for Supplemental Security Income (SSI) as well. It is always safest, however, to apply for both programs.

A.     To be eligible for Social Security Disability, you must also meet the earnings requirements at the time you became disabled, therefore giving you insured status. The concepts of insured status are very complicated but we will review your status to make sure you are being considered for all benefits for which you possibly qualify.

Q.     I’m 23 years old and have worked only since graduating college when I was injured in a car accident. What program am I eligible for?

A.     The earnings requirements for people under 31 are proportionately less, so someone who is 23 may be eligible for Social Security Disability even if he’s only worked a few years. Depending on financial need, you might also be eligible for Supplemental Security Income.

Q.     I was negligent in the car accident. Does this make me ineligible for Social Security Disability (SSD)?

A.     No. Fault is not an issue in Social Security Disability (SSD).

Q.     What are the requirements for Supplemental Security Income (SSI)?

A.     In order to be eligible for Supplemental Security Income (SSI) , you must either be over 65 and impoverished or be disabled and impoverished. Generally, if you are eligible for welfare, you are eligible for Supplemental Security Income (SSI) .

Q.     When can I hire C.E. Borman & Associates?

A.     You can hire us at any stage of the proceeding. Hiring us earlier in the process improves your chances of winning your claim, by giving us a chance to point the claim in the right direction from the earlier stages.

A.     You can help by providing the following documents immediately:

A.     Generally you have 60 days to appeal any denial of benefits. If you are a client of C.E. Borman & Associates, we will file the appeal for you. It is always a good idea, however, to let us know if you’ve been denied benefits because sometimes the Social Security Administration fails to send us a copy of the decision.

A.    You should appeal. This is so that you do not shorten the length of past due benefits available to you. If you are denied at the hearing stage, you may want to do both. We can discuss this with you in more detail when the time comes.

Q.    Can someone win Supplemental Security Income and not win Social Security Disability?

A.    Yes, and it happens quite often. Remember, for Social Security Disability (SSD) , you must also meet the insured status. Many people whose insured status has expired because they haven’t worked recently can get Supplemental Security Income (SSI) if they can prove a recent disability. You can also get disability and not get Supplemental Security Income (SSI) . Frequently a person’s Social Security Disability (SSD) monthly benefit is too high to be eligible for additional Supplemental Security Income (SSI) benefits (remember it is called "Supplemental Security Income"). If you are not impoverished, you are never eligible for Supplemental Security Income (SSI) , even if you are disabled. Many people can receive both. The definition of disability is the same for Supplemental Security Income (SSI) and for Social Security Disability (SSD) and the appeals process is the same for both.

A.    If you win Social Security Disability, you get Medicare twenty-nine months after your onset date or two years after the first date you were eligible for cash benefits, whichever is later. If you get Supplemental Security Income, you receive Medicaid effective the day you applied for Supplemental Security Income (SSI) . People with amyotrophic lateral sclerosis (Lou Gehrig’s disease) or those with end-stage renal disease are eligible for Medicare without the normal waiting period.

Q.    What type of evidence should my doctor be supplying?

A.    The best report from a doctor is the same sort of report he would give if he were explaining your condition to other physicians. First, he should give a long history. What were the initial symptoms, when did they start, when did you start noticing them, when did they become significant? He should then mention what treatment he gave you and how well it has worked or not worked. He should give the diagnosis and the prognosis. He should explain the basis for the diagnosis and the prognosis; that is, how he made these determinations, what medical tests have been used, what laboratory findings are consistent with your condition. He should also describe what your clinical findings are, that is, what he finds when he examines you. Lastly, he should summarize the impact on your ability to work – how these conditions have affected your ability to function. He should describe whether they limit your ability to sit, stand, and walk, to lift, to carry, to work on a regular eight-hour-day basis. If it is a mental condition or has components of a mental condition, he should describe the impact of stress, working with others, working under deadlines, your ability to concentrate and deal with the general public or coworkers and , to remember instructions and learn a job.

Q.    How long does it take to get an initial decision?

A.    3 to 5 months is the approximate length of time to get an initial decision.

Q.    I have been turned down and I have been told to apply for a hearing. How long will it take to get a hearing?

A.    The average in Texas is currently about one and a half years from the date you request the hearing. There are very limited cases where a claim will be set much quicker. We will let you know and will request this expedited hearing if it applies to your claim.

Q.    I’ve just been awarded disability benefits. How long can I expect to be on disability?

A.    You should be on disability as long as you remain disabled. The Social Security Administration may occasionally review your claim to see if your disability continues. It is very important to attend any meetings or doctor’s appointments of which they give you notice or your benefits may be discontinued. When you reach retirement age, your disability payments automatically become retirement payments.