What is the definition of disability used by the Social Security Administration?
The Social Security Act says that disability means 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 has lasted or can be expected to last for a continuous period of not less than 12 months.”
How do I apply for Social Security disability benefits?
Call Expert Advantage® toll free at 1-866-749-3107 as soon as you believe that you or your child have a disabling condition. You can stay in the comfort of your own home while we do all the work. We will complete all forms by telephone and mail and gather and submit all medical evidence for you.
How long do I have to wait after becoming disabled before I can file for Social Security disability benefits?
Don’t wait a single day. You can file for Social Security disability benefits on the same day that you become disabled. If you have a serious illness or injury that will keep you from working for a year or more you should contact Expert Advantage® immediately for assistance in filing your claim for Social Security disability benefits.
Do I have to wait until my sick leave is exhausted before I file a disability claim?
No. Sick leave has no effect on your eligibility for Social Security disability benefits. If you believe that you will be out of work for a year or more you should call Expert Advantage® toll free at 1-866-749-3107 now to file your claim.
Can I file a claim while I am receiving Worker’s Compensation?
Yes. Start your claim for Social Security disability benefits while you are still receiving worker’s compensation benefits. Otherwise there may be a gap between the time the worker’s compensation ends and the Social Security disability begins that can cause you severe financial hardship.
Can I get both Worker’s Compensation and Social Security disability benefits?
Yes. Your Social Security disability benefits will be reduced because of the worker’s compensation benefits paid, but in virtually all cases, you will still receive some Social Security disability benefits. In a few states the offset works the other way; worker’s compensation benefits are reduced because of Social Security disability benefits. Either way, you will receive more income if you receive both Worker’s Compensation benefits and Social Security disability benefits than if you receive benefits from either program alone.
I am disabled now, but I expect that I will be able to return to work after I recover. Should I file for Social Security disability benefits?
If you expect to be out of work for a year or more on account of illness or injury, you should file for Social Security disability benefits.
Do I have to be permanently disabled to get Social Security disability benefits?
No. You must be disabled for at least a year or be expected you will be disabled for at least a year or have a condition that can be expected to result in death within a year.
Can a stay-at-home mom received disability benefits?
If you have worked five out of the past 10 years before becoming disabled, you may have enough earnings in to qualify for Social Security disability insurance. For individuals 31 years old or less, the requirements are a little different, since such individuals have not had such a long time to work. Even if you’ve never worked outside the home you will qualify for Supplemental Security Income (SSI) if you are disabled and poor.
How can I tell if I will be found disabled by Social Security?
If you believe that your or your child are disabled you should call Expert Advantage® toll free at 1-866-749-3107 for a free analysis of your chances. Unless your disability is catastrophic (e.g., terminal cancer, a heart condition so bad that you are on a heart transplant waiting list, total paralysis of both legs, etc.), there is no easy way to tell whether you will be found disabled by Social Security. We will use our years of experience with the Social Security Administration to provide you with our best prediction.
What diseases qualify a person for Social Security disability benefits?
Any disease or combination of diseases can qualify you for disability benefits if it makes you unable to work for at least a year or will result in death. The mere fact that you have a specific disease does not by itself determine if you are disabled.
Can a mental illness serve as the basis for a Social Security disability claim?
Yes. Mental illness is a frequent basis for awarding Social Security disability benefits. Expert Advantage® has a licensed psychologist on staff with decades of experience evaluating disability claims as an examining doctor and testifying medical expert for the Social Security Administration. We will make sure that the Social Security Administration properly considers problems caused by your mental illness.
I have several health problems, but no single one of them disables me. It is the combination that disables me. Can I get Social Security disability benefits?
The Social Security Administration must consider the combination of impairments that you have when determining if you are disabled. Expert Advantage® makes sure that the Social Security Administration considers all your conditions when reaching a decision. If your combination of illnesses will prohibit work for at least a year then you can qualify for disability benefits.
My doctor says I am disabled will I automatically qualify disability for benefits?
No. Your doctor cannot determine whether or not you are disabled under the Social Security Act. By law, the Social Security Administration must reach an independent decision regardless of what your doctor says but Expert Advantage® can help make sure that the Social Security Administration properly considers your doctor’s opinion when reaching a decision.
If the Veterans Administration (VA) says I am disabled will I automatically qualify for disability benefits?
No. The Social Security and the Veteran’s Administration (VA) have very different standards for approving disability claims. The Social Security Administration must make a new and independent decision. Expert Advantage® can help make sure that the Social Security Administration gets all your VA medical records and that the opinions of your doctors at the VA are properly considered.
If I am 70% disabled do I get 70% of my Social Security disability benefits?
No. Under the Social Security Act, you are either disabled or not disabled. There are no percentages of disability, nor any percentages of disability benefits.
How does Social Security determine if I am disabled?
Social Security is supposed to gather your medical records and carefully consider all of your health problems, as well as your age, education, and work experience. Social Security is supposed to decide whether you are able to do your past work. If Social Security decides that you are unable to do your past work, they are supposed to consider whether there is any other work which you can do considering your health problems and your age, education, and work experience. Expert Advantage® will make certain that all these steps are followed for your Social Security disability benefits claim.
Who decides if I am disabled?
After you file a Social Security disability claim, your medical records and your responses to questions on various forms are sent to a disability examiner at the Disability Determination agency in your state. That individual, working with a doctor, makes the initial decision on the claim. If the claim is denied, you can request reconsideration of your evidence. Your case is then sent to another disability examiner at the Disability Determination agency, where the same process is repeated. If a claim is denied at reconsideration, then you may request a hearing before an Administrative Law Judge who works for Social Security. The Administrative Law Judge makes an independent decision upon the claim. This is the only level at which the claimant and the decision maker get to see each other. Each of these steps has strict deadlines. Expert Advantage® will make sure that every step is completed on time.
What can I do to improve my chances of winning my Social Security disability claim?
The Social Security Administration is one of the world’s largest bureaucracies. Applying on your own can be an overwhelming task for a disabled person. Claimants who use a representative have a much better chance of getting what they deserve. Expert Advantage® employees are licensed medical professionals with experience providing care to disabled persons. The staff at Expert Advantage® have completed thousands of Consultative Examinations for state Disability Determination offices and testified for the Social Security Administration as a medical expert at hundreds of hearings. We know the system from the inside out and we will use that knowledge to help your win your claim. That’s the Expert Advantage®.
How long does it take before Social Security makes a decision once I file a claim for Social Security disability benefits?
In most cases Social Security makes the first decision within four months.
How long does it take for Social Security to make a reconsideration determination on my Social Security disability claim?
In most case Social Security makes the reconsideration determination within four months.
How long does it take to get a hearing on a Social Security disability claim?
Nationwide, the typical wait is usually about a year. That is why it is important to start your claim as soon as possible.
How long does it take for Social Security to act upon a request for Appeals Council review?
Unfortunately, the typical wait is usually at least one year.
If I am approved for Social Security disability benefits, how much will I get paid?
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 that an individual can receive. Expert Advantage® can provide you with an estimate once we are familiar with your situation.
How much does it cost to have Expert Advantage® help me?
Expert Advantage® is paid only if we obtain benefits for you. If we don’t get you benefits, you owe us nothing no matter how long we worked for you and no matter how much money we spent attempting to get you benefits. If you are awarded benefits the law limits our fee to a percentage of your back benefits. Nothing is taken from your monthly benefit check. You have no upfront costs.
