Filing for disability can be a confusing task for the unprepared. While you can file your application online rather simply, it is when an application is denied that disabled workers are forced to go through the complicated process of appeals. And without a disability attorney on your side, you’ll face an uphill battle trying to prove your inability to work.
Fortunately, disabled individuals who properly prepare for their application stand the best chance of getting approved in a timely manner. If you’re planning on applying, check out our list of frequently asked questions below.
3 Questions Commonly Asked by Social Security Disability Applicants
Question: My child has a physical disability that makes it difficult for him to go to school and will likely prevent him from obtaining gainful employment when he becomes an adult. Is he eligible for Social Security Disability?
Answer: A child is not eligible for disability benefits directly but they may be able to receive other forms of Social Security. If the disabled child is under 18 years old and their family makes low-income, then the child may be eligible for Social Security Insurance payments. In addition, if their parent is disabled, the child may be eligible for dependent benefits.
Question: Can I still work if I’m receiving Social Security Disability?
Answer: Under disability law, benefits are provided for disabled individuals who are no longer able to perform substantial gainful activity. This means that if you work or receive other forms of income, your SSDI benefits could be reduced or canceled.
As of the year 2017, individuals receiving disability payments are permitted to make up to $1,170 per month. If you make over that amount, you may be required to pay back disability benefits.
You’re also permitted a 9-month trial period where you can choose to work full-time with unlimited earnings and no reductions placed on your benefit amount.
Question: What are the chances of getting approved for Social Security Disability?
Answer: Individual chances vary depending on your circumstances. If you meet the requirements, provide ample documentation of your disability, and work with a Social Security disability lawyer, then you have a great chance of getting approved. Most applicants are rejected because they did not provide enough information in their application to prove their disability.
About 70% of all applicants are rejected on their first claim. The next step in the process comes in the form of an appeal, known as a reconsideration request. Reconsideration requests have an abysmal approval rate, with 90% of applicants getting denied again. The next stage of the appeal process involves a hearing with an administrative law judge. At this stage, applicants have a 40% chance of approval if they’re representing themselves, or a 60% chance of approval if they’ve retained a disability attorney.
If you were denied at the hearing stage, you can appeal the decision but in 90% of claims, the decision will be upheld.
At this point, your only option is to sue the Social Security Administration in federal court. Records indicate that about 40% of claims are approved at this stage. However, this is not a quick or affordable option for disabled workers. It is not uncommon for the appeal process to span longer than 10 years at this stage.
Remember, these statistics are based on all applicants and don’t necessarily reflect your specific chances of getting approved. If you want to increase your odds, hire a disability lawyer for guidance.