Social Security Disability

What does the Government mean by "disability"?

Disability under Social Security is based on your inability to work and on your illness.  You will be considered disabled if you cannot do any work and if the government decides that you cannot adjust to any work because of your medical condition(s).  Your disability also must last or be expected to last for at least a year or to result in death.

Who can get Social Security disability benefits?

You can get Social Security disability benefits until age 65.  When you reach age 65, your disability benefits automatically convert to retirement benefits, but the amount remains the same.

Certain members of your family may qualify for benefits on your record.  They include:>/p>

• Your spouse who is age 62 or older, or any age if he or she is caring for a child of yours who is under age 16 or disabled and also receiving checks.
• Your disabled widow or widower age 50 or older.
• Your unmarried son or daughter, including an adopted child, or, in some cases, a stepchild or grandchild.  The child must be under age 18 or under age 19 if in high school full time.
• Your unmarried son or daughter, age 18 or older, if he or she has a disability that started before age 22.
• If you become the parent of a child (including an adopted child) after you begin receiving Social Security benefits, be sure to notify us so that the government can determine if the child qualifies for benefits.

How long does a benefits claim take?

After you submit your application, the Social Security Administration will decide to approve it (or not) within 120 days.

Important: It often happens that people who should get social security benefits are denied at first.  Do not be discouraged.  You have the right to appeal a denial.  Be very careful with the time limits to file such appeal.  Go immediately see a lawyer to get assistance in filing your appeal or file it yourself.

Then you might have to go through the administrative process to have your claim approved, which might take up to 18 month in New York county.  Also, note that you have 30 days to notify your employer of the injury or accident, and that you must file your claim within 2 years from the date of disability or from the time the disabled worker knew or should have known that the disease was due to the nature of the employment.

When my claim is approved, when do my Benefits start?

If your application is approved, your first Social Security benefits will be paid for the sixth full month after the date your disability began.  For example, if the government find that your disability began on January 15, your first disability benefit will be paid for the month of July.  Because Social Security benefits are paid in the month following the month for which they’re due, you would receive your July benefit in August.

When my claim is approved, how much will I get from Social Security?

The amount of your monthly disability benefit is based on your lifetime average earnings covered by Social Security.  If you would like an estimate of your disability benefit, you can request a Social Security Statement that displays your earnings record and provides an estimate of your disability benefit.  It will also include estimates of retirement and survivors benefits which you and your family may be eligible to receive now and in the future.  The request form is available by calling or visiting Social Security.  You can also click here to get the form from the Social Security Administration's website.

How can my child get Benefits from Social Security?

There are three ways a child might be eligible for benefits from Social Security or SSI.  The three kinds of benefits are:

• SSI Benefits For Children: These are benefits payable to disabled children under age 18 who have limited income and resources, or who come from homes with limited income and resources.
• Social Security Dependents Benefits: These are benefits payable to children under the age of 18 on the record of a parent who is collecting retirement or disability benefits from Social Security, or survivors benefits payable to children under the age of 18 on the record of a parent who has died.
  
  Although children under age 18 who are eligible for these benefits might be disabled, Social Security does not need to consider their disability to qualify them for benefits.  Note: A child can continue receiving dependents or survivors benefits until age 19 if he or she is a full-time student in elementary or high school.
• Social Security Benefits For Adults Disabled Since Childhood: Dependents benefits normally stop when a child reaches age 18 (or 19 if the child is a full-time student).  However, those benefits can continue to be paid into adulthood if the child is disabled.  To qualify for these benefits, an individual must be eligible as the child of someone who is getting Social Security retirement or disability benefits, or of someone who has died, and that child must have a disability that began prior to age 22.
  
  Although most of the people getting these benefits are in their 20s and 30s (and some even older), the benefit is considered a "child's" benefit because it is paid on the basis of a parent's Social Security earnings record.

What happens if my Social Security application is denied?

If your application is denied, you may appeal the Social Security Administration's decision.  To find out more information about the appeals process, visit our Social Security appeals page by clicking here.