Answers from the Forsythe Firm, a Social Security disability advocacy firm in Huntsville. If you don't find your question here, please check out "Frequent Questions" at OUR WEBSITE
Q. Can Social Security stop my SSI or SSDI disability benefit?
A. Yes. If they determine that your condition has improved to the point that you are no longer disabled, or if you have returned to work, they can stop your benefit.
Q. How complicated is a disability application?
A. Fairly complicated due to so many forms. If you file online Social Security will send you the following additional reports to complete and return: Work History Report (8 pages), Function Report (14 pages). Possibly other forms. It is very
Q. Will an attorney or representative help me fill out the application paperwork?
A. Some will, some won't. At the Forsythe Firm, we assist with all paperwork and forms if we represent you. There is no additional charge for this service.
Q. What's the next step if my application is denied? Do I file a new claim?
A. No. It's usually best to appeal the denial rather than filing a new claim.
Q. My friend filed for disability and got over $30,000 in back payments. How can this happen?
A. Back pay happens in two ways. First, you may be entitled to recover up to 12 months of retroactive pay for a disability which began up to a year prior to the application date. Second, it may take Social Security a year or longer to decide your claim (more if an appeal is involved). You may be entitled to collect one month of benefits for each month you wait to get a decision. This pay accumulates and is paid all at one time if the case is decided in your favor. Back pay will vary based on (a) your disability date, (b) your application date, and (c) how long you have to wait for a decision.
Q. Is it true that Social Security will not pay for the first 12 months of disability?
A. No. Under a Title II claim (the normal SSDI claim), they will not pay for the first 5 months of disability. This is called the waiting period. So, if your onset date is in August 15, 2017 your first check would be for 2/1/18 (5 full months later). Under a Title XVI (SSI) claim, there is no waiting period. Under SSI, you could be paid the month immediately after the month your application was filed. SSI and SSDI are two very different programs with very different benefits.
Q. I've been told that my doctor could help me get a more fair disability decision if he would fill out some forms. My doctor refuses and tells me, "We don't do disability forms." What can I do?
A. Have you considered changing doctors? Is it possible that this doctor doesn't care about your total needs?
CONTACT THE FORSYTHE FIRM: SOCIAL SECURITY JUSTICE
Q. Can Social Security stop my SSI or SSDI disability benefit?
A. Yes. If they determine that your condition has improved to the point that you are no longer disabled, or if you have returned to work, they can stop your benefit.
Q. How complicated is a disability application?
A. Fairly complicated due to so many forms. If you file online Social Security will send you the following additional reports to complete and return: Work History Report (8 pages), Function Report (14 pages). Possibly other forms. It is very
Q. Will an attorney or representative help me fill out the application paperwork?
A. Some will, some won't. At the Forsythe Firm, we assist with all paperwork and forms if we represent you. There is no additional charge for this service.
Q. What's the next step if my application is denied? Do I file a new claim?
A. No. It's usually best to appeal the denial rather than filing a new claim.
Q. My friend filed for disability and got over $30,000 in back payments. How can this happen?
A. Back pay happens in two ways. First, you may be entitled to recover up to 12 months of retroactive pay for a disability which began up to a year prior to the application date. Second, it may take Social Security a year or longer to decide your claim (more if an appeal is involved). You may be entitled to collect one month of benefits for each month you wait to get a decision. This pay accumulates and is paid all at one time if the case is decided in your favor. Back pay will vary based on (a) your disability date, (b) your application date, and (c) how long you have to wait for a decision.
Q. Is it true that Social Security will not pay for the first 12 months of disability?
A. No. Under a Title II claim (the normal SSDI claim), they will not pay for the first 5 months of disability. This is called the waiting period. So, if your onset date is in August 15, 2017 your first check would be for 2/1/18 (5 full months later). Under a Title XVI (SSI) claim, there is no waiting period. Under SSI, you could be paid the month immediately after the month your application was filed. SSI and SSDI are two very different programs with very different benefits.
Q. I've been told that my doctor could help me get a more fair disability decision if he would fill out some forms. My doctor refuses and tells me, "We don't do disability forms." What can I do?
A. Have you considered changing doctors? Is it possible that this doctor doesn't care about your total needs?
CONTACT THE FORSYTHE FIRM: SOCIAL SECURITY JUSTICE
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