Here are actual questions we answer regularly from individuals who want to file Social Security disability claims. The answers may help you as you wrestle with whether you can get disability benefits.
Q. I'm still working and earning more than $1,170 per month. What will happen if I file a disability claim?
A. You will get a technical, Step 1 denial. The first thing they consider is work. If you are working at substantial gainful activity ($1,170 per month), your claim will not even get considered. It will die at the first step.
Q. I am obviously disabled. You can just look at me and tell that I can't work. However, I don't have any medical treatment or records since I can't afford doctors. Do I have a chance?
A. No, I'm very afraid you do not. The law requires a "medically determinable impairment" supported by "objective medical evidence" at Step 2. Without any medical evidence, you are probably looking at a Step 2 denial. You must go to a doctor, ER or clinic. (Try finding a free community clinic or reduced cost clinic).
Q. I will be 62 this August and can begin to receive reduced retirement benefits from Social Security. However, I really believe I am disabled and I've stopped working. Can I apply for disability benefits (SSDI) without jeopardizing my retirement at 62? What would be the advantage of doing so?
A. You can apply for disability now and still receive early retirement benefits at 62 if your disability claim is denied. If your disability claim is approved, you would receive the FULL retirement benefit, not the reduced benefit. The disability claim will not interfere with your right to receive retirement benefits. So there's every advantage in applying for SSDI. (You may apply for disability up until you reach your full retirment age).
Q. I don't have medical records but my former boss will write a letter saying that I became unable to work. Also, several family members and friends will testify that I am not able to work? Can this be used in place of doctor's records?
A. No. Nothing takes the place of medial evidence because the law requires "objective medical evidence" to prove at least one "severe medically determinable impairment." No medical evidence = no benefits.
Q. I'm a veteran disabled in Afghanistan. My friends tell me I may be able to get a fast decision on my Social Security disability application. Is this true?
A. It may be. If you have a 100% permanent disability rating from the Veterans Administration, Social Security must expedite the processing of your claim. Many times, such veterans can get a claim processed within 4 months, even if an appeal is required. There is no guarantee that Social Security will approve benefits but the processing will be expedited. Also, Social Security must consider the VA rating as evidence in your disability case. They do not have to agree with it but they must consider it. The VA rating does help you.
Q. I stopped working back in 2004 when my first child was born and haven't worked since. I hear that you need a certain number of "work credits" to get SSDI benefits. I worked for 9 years prior to 2004. Would I have enough credits?
A. You should call Social Security to be sure. However, most people only continue to be "insured" under Social Security's Title II for 5 years after they stop working.
Q. I'm still working and earning more than $1,170 per month. What will happen if I file a disability claim?
A. You will get a technical, Step 1 denial. The first thing they consider is work. If you are working at substantial gainful activity ($1,170 per month), your claim will not even get considered. It will die at the first step.
Q. I am obviously disabled. You can just look at me and tell that I can't work. However, I don't have any medical treatment or records since I can't afford doctors. Do I have a chance?
A. No, I'm very afraid you do not. The law requires a "medically determinable impairment" supported by "objective medical evidence" at Step 2. Without any medical evidence, you are probably looking at a Step 2 denial. You must go to a doctor, ER or clinic. (Try finding a free community clinic or reduced cost clinic).
Q. I will be 62 this August and can begin to receive reduced retirement benefits from Social Security. However, I really believe I am disabled and I've stopped working. Can I apply for disability benefits (SSDI) without jeopardizing my retirement at 62? What would be the advantage of doing so?
A. You can apply for disability now and still receive early retirement benefits at 62 if your disability claim is denied. If your disability claim is approved, you would receive the FULL retirement benefit, not the reduced benefit. The disability claim will not interfere with your right to receive retirement benefits. So there's every advantage in applying for SSDI. (You may apply for disability up until you reach your full retirment age).
Q. I don't have medical records but my former boss will write a letter saying that I became unable to work. Also, several family members and friends will testify that I am not able to work? Can this be used in place of doctor's records?
A. No. Nothing takes the place of medial evidence because the law requires "objective medical evidence" to prove at least one "severe medically determinable impairment." No medical evidence = no benefits.
Q. I'm a veteran disabled in Afghanistan. My friends tell me I may be able to get a fast decision on my Social Security disability application. Is this true?
A. It may be. If you have a 100% permanent disability rating from the Veterans Administration, Social Security must expedite the processing of your claim. Many times, such veterans can get a claim processed within 4 months, even if an appeal is required. There is no guarantee that Social Security will approve benefits but the processing will be expedited. Also, Social Security must consider the VA rating as evidence in your disability case. They do not have to agree with it but they must consider it. The VA rating does help you.
Q. I stopped working back in 2004 when my first child was born and haven't worked since. I hear that you need a certain number of "work credits" to get SSDI benefits. I worked for 9 years prior to 2004. Would I have enough credits?
A. You should call Social Security to be sure. However, most people only continue to be "insured" under Social Security's Title II for 5 years after they stop working.
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