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Commonly Asked Questions

Will I automatically be entitled to disability benefits if I am disabled and I have worked?
ANSWER: Not necessarily. A person has to have paid in forty quarters and generally must have worked five out of the last ten years. Social Security is a type of insurance. If you are not paying in to the system, your benefits will run out.

What if I don't have enough of a work history to qualify for disability benefits?
ANSWER: In addition to the Social Security Disability Program, there is a needs-based program called supplemental security income (SSI). A disabled person can receive these benefits if they meet certain income and asset guidelines.

See if you meet the guideline:
SSI eligibility guidelines

To find out more about SSI benefits for disabled children see:
Children & Disabilities

What if I was injured at work and I am receiving worker?s compensation benefits. Can I still get Social Security disability?
ANSWER: Ordinarily, disability payments from other sources such as private disability insurance do not affect your Social Security benefits. If the payment is from worker?s compensation, your family?s social security benefits may be reduced. Your social security benefit will be reduced so that the combined amount of the Social Security benefit you and your family receive plus your worker?s compensation payment does not exceed 80 percent of your average current earnings. As SSI is income based, worker's compensation payments can prevent you from receiving SSI.

 If I am disabled, will I get Medicare benefits?
ANSWER: Once a person receiving disability, not SSI has been disabled for two years, he or she is entitled to Medicare benefits.

Find out more about the Medicare Program

How does the process of applying for Social Security benefits work?
ANSWER: A claimant must fill out an application for benefits and detail his or her condition as well as the medical treatment that has been received. The local social security office sends the file to a state agency called disability determination services which collects the medical records and makes the first determination of eligibility. If a person is denied, they can apply for reconsideration. If a second denial is received, a request for a hearing in front of an administrative law judge can be filed. At our firm, we handle this entire process for the client.

Find out more about Social Security Guidelines on Disability