Social Security Attorney

Chattanooga, Tennessee

Social Security Questions and Answers

What types of Social Security claims do you represent?

We represent people with claims for Social Security Disability Insurance (SSDI) and for Supplemental Security Income (SSI).

What is the difference between SSDI and SSI?

SSDI is a state mandated program that covers disabled workers. Like unemployment insurance, this is a program that workers pay into while they are employed. SSDI allows workers who suffer from a disability to collect compensation for a limited time while they are unable to work.

SSI is different, in that it requires no previous work experience. SSI only covers a limited range of disabilities, but is available to anyone who is:

65 years or older
Blind
Seriously disabled such that their ability to work is hindered

For a quick check on your eligibility, you can use SSA's Benefit Eligibility Screening Tool (BEST).

How long must I have worked to be eligible for Social Security Disability Insurance benefits?

To be eligible for SSDI, and you are over 30, you must have worked for at least five of the last ten years.

Could I be eligible for both types of Social Security benefits?

In some cases, you may be eligible for both SSDI and SSI benefits, if you suffer from a disability covered under SSDI and still have a sufficiently low income to be eligible for SSI benefits. We will help you determine whether you meet these requirements.

Why should I hire a lawyer to get my Social Security Disability or Supplemental Security Income benefits?

Applying for Social Security Disability Insurance payments or SSI can be a long and frustrating process. Most people who apply without a lawyer get turned down at least 2 times, and it may take you up to 2 ½ years to get benefits. An experienced SS attorney like Herbert Thornbury can speed up the process so you can take care of yourself and your family.

When should I contact a lawyer?

You can contact a social security lawyer at any stage in the process: before you apply, before your initial interview, even after your claim has been rejected, if you plan to appeal. However, the sooner you contact a lawyer, the more help he or she can provide.

What can my lawyer do for me?

According to SSA regulations, your lawyer can:

Get information from your Social Security file
Help you get medical records or information to support your claim
Come with you-or for you-to any interview, conference, or hearing
Request a reconsideration, hearing, or Appeals Council review
Help you and your witnesses prepare for a hearing
Question any witnesses at a hearing

All of which can save you hassle in the filing process and significantly increase your chances of success.

Will the lawyer's fees take most of my benefits?

No. Your lawyer cannot charge you more than the fee amount approved by the Social Security Administration, which determines a reasonable fee for your case.

How do I qualify for Social Security Disability Insurance payments?

In order to qualify for SSDI, you must meet the work requirements above, and you must have a disability that will keep you from working in any significantly paying job for at least 12 consecutive months.

How is disability determined?

Disability is determined via a 5-step process. The Social Security Administration (SSA) will ask the following questions:

Are you working? If you are working, and you earn more than $900 / month (or $1500/ month if you are blind) in 2007, then you cannot qualify for SSDI.

Is your medical condition severe? In order to qualify for SSDI, your injury must interfere with "basic work activities."
Is your medical condition in the list of disabling impairments? The SSA maintains a list of disabling impairments separated by the affected systems of the body, which we have compiled a Short List of Disabling Impairments for your information. If your condition is on the list or if you can prove that your condition is as severe as a condition on the list, then you may qualify.
Can you do the work you did previously? If you can continue to work at your previous employment despite your condition, you cannot qualify for SSDI.
Can you do other work? If you are able to do other work, based on your age, education, experience, and transferable skills, then you cannot qualify.
If you can verify the proper answers to all five of these questions, then your claim will be approved.

Do I have to wait before applying for Social Security Disability Insurance payments?

No. After becoming disabled, the Social Security Administration allows you to file your claim right away. In fact, the sooner you file your claim, the better, since it may take a considerable amount of time for the claim to be processed, even with the help of a skilled Social Security lawyer.

Do I have to wait before receiving Social Security Disability Insurance payments?

The law mandates that you must be out of work for at least 5 full months prior to receiving benefits for SSDI.

How long does SSA take to decide on my claim?

According to the SSA, it takes 3-5 months to make the decision. This means that if you wait to apply for benefits, you will most certainly be waiting for the decision even after you are eligible to receive benefits. Sometimes it can take almost three years to go through the entire process of filing a claim and going through the Appeals Process.

Is there anything I can do to improve my chances of winning my Social Security disability claim?

Yes. First, be honest and complete in giving information to Social Security about what is disabling you, including psychiatric problems or learning disabilities. Second, make sure you receive regular medical care in order to build medical evidence for your claim, which is the most important proof of a disability.

What other remedies might be available to me?

Depending on the nature and the circumstances of your disability, you may be eligible for compensation through other avenues as well, including workers' compensation or an accident injury claim.

Can I receive Social Security Disability Insurance payments and Worker's Compensation benefits at the same time?

Yes, but your Social Security benefits will be reduced so that the combination of both benefits does not exceed 80% of your pre-disability income.

Can I apply for Social Security Disability Insurance payments while on sick leave from work?

Yes. If you believe your disability will last for 12 months or more, then you should apply for SSDI immediately. The sooner you apply, the sooner you will receive benefits.

Once I've qualified for Social Security Disability Insurance payments, will my disability be reviewed?

Yes. If your disability is expected to improve, the SSA will review your case on or about the projected improvement date. If medical improvement is considered "possible" by your doctor, your case will be reviewed at least once every 3 years. If medical improvement is not expected, your case will be reviewed every 5-7 years.

Is it easier to prove disability for those approaching advanced age?

Yes. Age, combined with severe mental or physical impairment, and limited work experience can seriously affect your ability to find gainful employment, and the SSA takes this into account.

Must I consume my savings before I'm eligible for Social Security Disability Insurance payments?

You must wait five months before collecting benefits, and during that time you may have to lean on savings, but your benefits are related to your pre-injury income, not your savings.

Does it matter if I have non-work-related disabilities in addition to my work-related disability?

The SSA will consider the sum of all your disabilities to determine whether or not you are disabled.

Even if my disabilities are related to drug or alcohol addiction?

Yes. Even disabilities related to drug or alcohol addiction are included in the sum of your disabilities. If drugs or alcohol are deemed to be material factors in your disability, the law mandates that your benefits be paid not to you, but to a representative.