DISABILITY BENEFITS: Q & A

Here are many frequently asked questions about Social Security disability benefits, the process, the requirements, and what to expect. We did the research so you don't have to.

QUESTION: Does the government pay cash benefits for disability?

ANSWER: Yes, if you meet their rather demanding requirements. You must have worked long enough and recently enough to be covered (pay in before they pay out). Your severe medical impairment must last or be expected to last at least 12 straight months, and you will need recent medical evidence to prove the severity of your condition(s).

QUESTION: How much does Social Security pay for disability?

ANSWER: It varies with each person, based on lifetime earnings. The maximum benefit in 2020 is around $3,011 per month. The average benefit is about $1,200 per month.

QUESTION: How long does it take to apply and get a decision back?

ANSWER: Anywhere from 5 months to 12 months. If the application is "squeakly clean," with no mistakes or errors, you may get a decision in 4 or 5 months. If the application runs into problems or needs an appeal, you may be looking at 12 month or more.

QUESTION: What are my chances on the first try (that is, with just my application)?

ANSWER: Probably no more than 3 out of 10 or 30 percent. About 7 out of 10 applications are denied in the first stage. These will require the appeals process to look at the case more closely.

QUESTION: How many disability cases go before a judge for a hearing?

ANSWER: 6 out of 10 cases will be decided by an administrative law judge.

QUESTION: Must I be a certain age to apply for disability?

ANSWER: No, anyone under full retirement age can apply. Persons under 50 have a more difficult legal burden to prove disability. Applicants 50 and over are more likely to get approved, and age 55 and over especially.

QUESTION: Do I need an attorney?

ANSWER: A difficulty question to answer, as every case is different. I say, you need to talk to an attorney/advocate before you file. I often speak to people and we decide they don't need an attorney to file the initial claim. They do often need an attorney if they get into appeals, because the appeals process is complicated and confusing. But speak to an attorney-advocate and get a FREE consultation before you start. A ten or fifteen minute telephone conversation may save you time, money, frustration and heartache.

QUESTION: I have called several lawyers and they never return my call. What can I do?

ANSWER: Good disability lawyers and advocates are busy. It may be difficult for them to find time to return calls. The Forsythe Firm (our firm) always returns calls and we often can speak with you for a few minutes at the time you call. (256) 799-0297. The call is free.