Social Security and Bankruptcy Frequently Asked Questions!

You should apply for disability benefits as soon as you become disabled. It can take a long time to completely process an application for disability benefits. You can file for Social Security disability benefits on the day that you become disabled if you believe that you will be out of work for one year or more.

The claims process for disability benefits is generally longer than for other types of Social Security benefits. It can take up to six months at each of the disability application and appeal levels. The wait for a hearing has grown as the backlog of cases grows. In many cities it is well over a year.

After you receive a "Notice of Decision – Fully Favorable," you will be contacted by Social Security within 60 days of the hearing decision. The office will collect information from you and then mail you a letter within 30 days to tell you your scheduled payment dates and the amount.

To complete the application yourself, you should gather the following information:

Your Social Security number;

Your birth certificate or other evidence of your date of birth; if you do not have a birth certificate, you may request one from the state where you were born;

Your military discharge papers if you were in the military service;

Your spouse's birth certificate and Social Security number if he or she is applying for benefits;

Your children's birth certificates and Social Security numbers if they are applying for benefits;

Your checking or savings account information, so your benefits can be directly deposited;

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, including laboratory and test results;

A summary of where you worked in the past 15 years 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;

Dates of prior marriages.

The documents presented as evidence must be either originals or copies certified by the issuing agency. The Social Security Administration cannot accept uncertified or notarized photocopies as evidence since it cannot verify their authenticity. 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.

Information about the home where you live, such as your mortgage or your lease and landlord's name;

Payroll slips;

Bank books;

Insurance policies;

Car registration;

Burial fund records;

Other information about your income and the things you own.

It uses a five-step process to decide if you are disabled. Here are the questions Social Security asks:

If you are working and your earnings average more than a certain amount each month, you generally will not be considered disabled. The amount you can earn changes each year. For the current figure across all the programs, see: http://www.socialsecurity.gov/pubs/10003.pdf. If you are not working, or your monthly earnings average the current amount or less, the state agency then looks at your medical condition.

For the state agency to decide that you are disabled, your medical condition must significantly limit your ability to do basic work activities – such as walking, sitting, and remembering – for at least one year. If your medical condition is not that severe, the state agency will not consider you disabled. If your condition is that severe, the state agency goes on to step three.

The state agency has a List of Impairments that describes medical conditions that are considered so severe that they automatically mean that you are disabled as defined by law. If your condition (or combination of medical conditions) is not on this list, the state agency looks to see if your condition is as severe as a condition that is on the list. If the severity of your medical condition meets or equals that of a listed impairment, the state agency will decide that you are disabled. If it does not, the state agency goes on to step four.

At this step, the state agency decides if your medical condition prevents you from being able to do the work you did before. If it does not, the state agency will decide that you are not disabled. If it does, the state agency goes on to step five.

If you cannot do the work you did in the past, the state agency looks to see if you would be able to do other work. It evaluates your medical condition, your age, your education, your work experience, and any skills you may have that could be used to do other work. If you cannot do other work, the state agency will decide that you are disabled. If you can do other work, the state agency will decide that you are not disabled.

Social Security defines "disability" as the "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months."

No. There are several ways to apply for a Social Security disability claim. The Law Office of Douglas M. Engell can file your application directly with the Social Security Administration. You can go to the Social Security District Office and file the claim in person. Or you can call Social Security at 1-800-772-1213 to schedule an appointment for a telephone interview. Once the interview is finished the office will send necessary forms for you to fill out. All the basic information will have been collected during the phone interview.

No. Any claimant can represent themselves in all phases of the Social Security disability process. Claimants with representation win their cases more often than those who are not represented.

I got hurt on the job. I am drawing workers' compensation benefits. Can I file a claim for Social Security disability benefits now, or should I wait until the workers' compensation ends?

You do not have to wait until the workers' compensation ends, and you should not wait that long. An individual can file a claim for Social Security disability benefits while receiving workers' compensation benefits.

I have several health problems, but no one of them disables me. It is the combination that disables me. Can I get Social Security disability benefits?

Social Security is supposed to consider the combination of impairments that an individual suffers from in determining disability. Many, perhaps most claimants for Social Security disability benefits have more than one health problem, and the combined effects of all of the health problems must be considered.

My doctor says I am disabled, so why is Social Security denying my Social Security disability claim?

Social Security's position is that it is not up to your doctor to determine whether you are disabled. It is up to Social Security, which will make its own decision regardless of what your doctor thinks.

For disability insurance benefits, it all depends upon how much you have worked and earned in the past. For disabled widow's or widower's benefits, it depends upon how much the late husband or wife worked and earned. For disabled adult child benefits, it all depends upon how much the parent worked and earned. For all types of SSI benefits, there is a base amount that an individual with no other income receives. Other income that an individual has reduces the amount of SSI which an individual can receive. Each year we all receive a report from Social Security about our retirement benefits. This report also has the dollar figure you'd receive if you were disabled. A spouse and children are also eligible in most cases.

It is Social Security's position that VA decisions are not binding upon Social Security. Social Security and the VA have similar standards for approving disability claims, but the VA has many partial disability programs. For Social Security disability, one must be totally disabled from any kind of work.

For disability benefits and for disabled widow's and widower's benefits, the benefits begin five months after the person becomes disabled. Benefits can be paid for up to one year prior to the date of the claim if the medical records support this. For a disabled adult child, benefits begin as of the onset date, but benefits cannot be paid more than six months prior to the date of the claim.

SSI benefits begin at the start of the month following the date of the claim.

You should appeal immediately. If you appeal within 10 days after being notified that your disability benefits are ceasing, you can ask that your disability benefits continue while you appeal the decision cutting off your benefits. You may also want to talk with an attorney about representation on your case, but you should file the appeal immediately.

The short answer is that Medicaid is a program for people with limited resources, and Medicare isn't. Many disabled people who get Medicaid get it because they are on Supplemental Security Income (SSI). To get SSI and thereby get Medicaid, you have to be poor and disabled. Medicaid does pay for prescription medications. Medicaid can go back up to three months prior to the date of a Medicaid claim. For Medicare it does not matter whether you are rich or poor. If you have been on disability insurance benefits, disabled widow's or widower's benefits or disabled adult child benefits for 24 months, you qualify for Medicare. The good thing about Medicare is that it pays doctors at a higher rate than Medicaid. Almost all doctors are happy to take Medicare patients. Medicare does not begin until after a person has been on disability benefits for two years, and it pays for prescriptions only through Medicare

Part D.