Applying for disability benefits is a daunting challenge, at best, and absolutely overwhelming at worst. A little knowledge and an hour or so of preparation will help you avoid many of the aggravations.
What Benefits Are Available
The Social Security Administration administers a number of programs that provide disability benefits to eligible people. They are divided into two broad categories: Disability Insurance Benefits ("DIB"), sometimes called Title 2 benefits, and Supplemental Security Income Benefits ("SSI"), sometimes called Title 16 benefits. You may be eligible for one or both of these benefits depending on your work history and financial situation.
Eligibility for DIB is based upon whether you have worked long enough and recently enough to be in an "insured status." If so, then you may be eligible if you meet the medical requirements. Also your minor children and spouse may also be eligible for benefits. You may also be eligible for DIB benefits if you are the surviving spouse of an insured worker and are over the age of 50. Finally, a child of a deceased or retired beneficiary can receive a "disabled adult child's" benefit if the disability began before the child reached the age of 22 and has lasted without interruption.
Unlike DIB, eligibility for SSI is based upon financial need and not your work history. If your income and resources are below the legal limit, and you are medically disabled, then you may receive SSI benefits. This is true even if you have never worked and even if you are a minor child.
Definition of Disability
The Social Security Act defines disability as the inability to engage in any substantial, gainful activity as the result of a medically determinable physical or mental impairment that has lasted or is expected to last for at least one year or to result in death. In plain English, you must prove that you cannot do any full-time work at all. In making that decision, Social Security must consider your age, education, and work history. The older, less educated, or less skilled you are, the more likely you will be approved for benefits.
How to Apply
You can apply for Social Security disability benefits in several different ways:
Information and Documents You Will Need
Whichever way you choose to file your application, you should have the following documents and information with you:
- An original or certified copy of your birth certificate. If you were born in another country, you will need proof of U.S. citizenship or legal residency. Photocopies are not acceptable. For information how to obtain a certified copy of a birth certificate please click here.
- If you were in the military service, the original or a certified copy of your military discharge papers (Form DD 214) for all periods of active duty.
- Your W-2 Form from the last two years, or if you were self-employed, your federal tax returns (IRS 1040 and Schedules C and SE).
- Workers compensation information, including date of injury, claim number and payment amount.
- Social Security Numbers and birth dates of your spouse and children.
- The names of any prior spouses, the place and dates of prior marriages and divorces.
- Your checking or savings account number if you have one.
- Name, address, and phone number of a person who can get in touch with you if necessary.
- Names, addresses, and phone numbers of all doctors, hospitals, and other treating sources
- Dates seen by each doctor or other treating source.
- Names of all medicines you are taking.
- Any medical records in your possession.
- Kind of jobs and dates you worked in the 15 years before becoming disabled, including the name and street addresses of your employers for the last two years.
What Happens Next
Your local Social Security office does not make the decision on your disability claim. Your file is usually forwarded to an agency of your state which has a contract with Social Security. The State Agency will obtain copies of your medical records, ask you to complete forms about your physical and mental limitations, and possibly send you to be examined by a local doctor for a consultative examination and report. Based upon all the evidence in your file, the State Agency will make a decision about your claim. It normally takes about 4 to 6 months to get a decision. If your claim is denied, don't be discouraged, almost two-thirds of all those who apply are denied on the first try. You have the right to appeal and many people who appeal ultimately receive the benefits they have earned.
