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Part 2—Signing Up For Disability
Part 2—Signing Up For Disability
How Do I Apply?
You should apply at any Social Security office as soon as you become disabled. You may file by phone, mail or by visiting the nearest office. Note that, while you may receive back benefits from the date you became disabled, they are limited to one year before the date you filed for benefits.
How Can I Speed Up My Claim?
It generally takes longer to process claims for disability benefits than other types of Social Security claims— from 60 to 90 days. You can help shorten the process by bringing certain documents with you when you apply and helping the SSA get any other medical evidence you need to show you are disabled. These include:
- The Social Security number and proof of age for each person applying for payments including your spouse and children, if they are applying for benefits;
- Names, addresses and phone numbers of doctors, hospitals, clinics and institutions that treated you and dates of treatment;
- Names of all medications you are taking;
- Medical records from your doctors, therapists, hospitals, clinics and caseworkers;
- Laboratory and test results;
- A summary of where you worked and the kind of work you did;
- A copy of your W-2 Form (Wage and Tax Statement), or, if you are self-employed, your federal tax return for the past year; and
- Dates of prior marriages if your spouse is applying.
Do not delay filing for benefits just because you do not have all of the information you need. The Social Security office will be glad to help you.
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Who Decides If I Am Disabled?
After helping you complete your application, the Social Security office will review it to see if you meet the basic requirements for disability benefits. They will look at whether you have worked long enough and recently enough, your age and, if you are applying for benefits as a family member, your relationship to the worker. The office then will send your application to the Disability Determination Services (DDS) office in your state. The DDS will decide whether you are disabled under the Social Security law.
The DDS will consider all the facts in your case. They will use the medical evidence from your doctors and from hospitals, clinics or institutions where you have been treated and all the other information they have.
On the medical report forms, your doctors or other sources are asked for a medical history of your condition:
- What is wrong with you;
- When it began;
- How it limits your activities;
- What the medical tests have shown; and
- What treatment you have received.
They also are asked for information about your ability to do work-related activities, such as walking, sitting, lifting and carrying and remembering instructions. They are not asked to decide if you are disabled.
The DDS may need more medical information before they can decide your case. If it is not available from your current medical sources, they may ask you to go to a special examination called a "consultative examination." Your doctor is the preferred source to do this examination but it may be done by someone else. Social Security will pay for the examination and for certain travel expenses related to it.
The SSA's rules for determining disability are different from the disability rules in other government and private programs. However, a decision made by another agency and the medical reports it obtains may be considered in determining whether you are disabled under Social Security rules.
Once they reach a decision on your claim, they will send you a letter. If your claim is approved, the letter will show the amount of your benefit and when payments start. If it is not approved, the letter will explain why and tell you how to appeal if you don’t agree.
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How Does the SSA Determine Disability?
You should be familiar with the process the SSA uses to determine if you are disabled. It’s a step-by-step process involving five questions. They are:
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Are you working?
If you are and your earnings average more than $800 a month, you generally cannot be considered disabled. If you are not working, then go to the next step.
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Is your condition "severe"?
Your condition must interfere with basic work-related activities for your claim to be considered. If it does not, we will find that you are not disabled. If it does, the SSA will go to the next step.
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Is your condition found in the list of disabling impairments?
SAA maintain a list of impairments for each of the major body systems that are so severe they automatically mean you are disabled. If your condition is not on the list, SSA will have to decide if it is of equal severity to an impairment on the list. If it is, SSA will find that you are disabled. If it is not, then go to the next step.
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Can you do the work you did previously?
If your condition is severe, but not at the same or equal severity as an impairment on the list, then SSA must determine if it interferes with your ability to do the work you did previously. If it does not, your claim will be denied. If it does, SSA go to the next step.
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Can you do any other type of work?
If you cannot do the work you did in the past, SSA will see if you are able to adjust to other work. They consider your medical conditions and your age, education, past work experience and any transferable skills you may have. If you cannot adjust to other work, your claim will be approved. If you can, your claim will be denied.
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Rules For Blind Persons
You are considered blind under Social Security rules if your vision cannot be corrected to better than 20/200 in your better eye or if your visual field is 20 degrees or less, even with a corrective lens.
There are a number of special rules for persons who are blind. The rules recognize the severe impact of blindness on a person’s ability to work. For example, the monthly earnings limit for people who are blind is generally higher than the $800 limit that applies to non-blind disabled workers. This amount changes each year. For current amounts and other information on special rules for persons who are blind, ask for the booklet, If You Are Blind Or Have Low Vision ... How SSA Can Help (Publication No. 05-10052).
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If My Claim Is Denied
If your claim is denied or you disagree with any part of SSA's decision, you may appeal the decision. The Social Security office, (or your attorney if you hire one) will help you complete the paperwork.
You have 60 days from the time you receive the SSA letter to file an appeal. SSA will assume that you received the letter with their decision five days after the date on it, unless you can show them that you received it later. For more information about appeals, ask for the factsheet, The Appeals Process (Publication No. 05-10041) or contact an attorney using our free case evaluation form.
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Please note, we cannot properly consider your
case without a valid e-mail address.
Work History:
Social Security Claim Status:
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