Social Security Disability

Introduction:

This guide is intended for persons who may have questions about applying for or receiving Social Security Disability.  It answers some of the most frequently asked questions by both applicants for and recipients of disability benefits but is not a substitute for legal advice regarding a specific issue.  Below are some of the most frequently asked questions about Social Security Disability:

• What does it mean to be disabled?  To qualify for Social Security disability, you must have a physical or mental impairment, or a combination of impairments, that prevents you from doing your past work or any other work available anywhere in the country.  The disabling condition must have lasted 12 months, or be expected to last 12 months or be expected to end in death.  In deciding whether you are disabled, Social Security will look at the severity of your condition, your age, education, skills, and your past work.
• What disability programs might I qualify for?   If you are disabled, you may be eligible for either or both of two programs: Social Security Disability Insurance, sometimes called “SSDI” or “Title II,” or Supplemental Security Income, usually called “SSI.”  These two disability programs have the same definition of disability but have many different requirements for qualifying.  Set out below are the main requirements:

• What do I do if I am denied?  Appeal—request reconsideration within 60 days.  You must do so in writing and must use the correct Social Security forms.  You may file your request for reconsideration at your local Social Security office. It is a good idea to ask for a date-stamped copy of your request so you will have proof that you filed it.
• What if I am denied reconsideration?  Appeal—request a hearing within 60 days. File your request for hearing at your local Social Security office and ask for a date-stamped copy so you have proof of having filed it.
• How do I get the forms to appeal?  You may get the appeal forms from your local Social Security office, from the Social Security website—www.socialsecurity.gov—or they may be requested by telephone: 1-800-772-1213.
• What happens at a hearing?  At the hearing, you will be able to meet with an administrative law judge who will be familiar with the facts of your case.  You will be allowed to testify about your limitations and may ask someone else to testify on your behalf.  You may present the most current medical records about your condition and will be able to answer questions asked by the judge or your advocate.  The hearing is your best opportunity to win your case, so it is important that you cooperate fully with the advocate representing you.  The hearings office has a videotape you may watch that will explain the hearing process to you.
• What if I lose at the hearing?  If your application is denied at a hearing, you do have the right to request review by the Appeals Council.  If that review is denied, you may file a complaint in federal court.  Again, keep in mind you only have 60 days to do this.  Your advocate can help you decide whether an appeal is advisable.
• Where can I get more information about Social Security programs?  Many answers can be found by visiting the Social Security website at: www.socialsecurity.gov.  You can find answers to your questions, find the address of your local Social Security office, and obtain forms.  If you cannot access the website, you may also call the toll-free number: 1-800-772-1213.  Hearing impaired persons may call the Social Security TTY number: 1-800-325-0778.  You may also contact a Utah Legal Services office in your area.
• Can Utah Legal Services help with my appeal?  Utah Legal Services is able to help eligible clients in many cases.  If you want ULS to look at your case, please call our intake number: 1-800-662-4245 (outside Salt Lake) or 328-8891 (within the Salt Lake area).