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What
the Social Security Administration Means By "Disability"
How
Do I Apply for Disability Benefits?
You
should apply at any Social Security office as soon as you
become disabled. You may file by phone, mail or by visiting
the nearest office. Note that, while you may receive back
benefits from the date you became disabled, they are limited
to one year before the date you filed for benefits.
How
Can I Speed Up My Disability Benefits Claim?
It
generally takes longer to process claims for disability
benefits than other types of Social Security claims- from
60 to 90 days. You can help shorten the process by bringing
certain documents with you when you apply and helping us
to get any other medical evidence you need to show you are
disabled. These include:
- the
Social Security number and proof of age for each person
applying for payments including your spouse and children,
if they are applying for benefits;
- names,
addresses and phone numbers of doctors, hospitals, clinics
and institutions that treated you and dates of treatment;
- names
of all medications you are taking;
- medical
records from your doctors, therapists, hospitals, clinics
and caseworkers;
- laboratory
and test results;
- a
summary of where you worked and the kind of work you did;
- a
copy of your W-2 Form (Wage and Tax Statement), or, if
you are self-employed, your federal tax return for the
past year; and
- dates
of prior marriages if your spouse is applying.
Do
not delay filing for benefits just because you do not have
all of the information you need. The Social Security office
will be glad to help you.
Who
Decides If I Am Disabled?
After
helping you complete your application, the Social Security
office will review it to see if you meet the basic requirements
for disability benefits. They will look at whether you have
worked long enough and recently enough, your age and, if
you are applying for benefits as a family member, your relationship
to the worker. The office then will send your application
to the Disability Determination Services (DDS) office in
your state. The DDS will decide whether you are disabled
under the Social Security law.
The
DDS will consider all the facts in your case. They will
use the medical evidence from your doctors and from hospitals,
clinics or institutions where you have been treated and
all the other information they have.
On
the medical report forms, your doctors or other sources
are asked for a medical history of your condition:
- what
is wrong with you;
- when
it began;
- how
it limits your activities;
- what
the medical tests have shown; and
- what
treatment you have received.
They
also are asked for information about your ability to do
work-related activities, such as walking, sitting, lifting
and carrying and remembering instructions. They are not
asked to decide if you are disabled.
The
DDS may need more medical information before they can decide
your case. If it is not available from your current medical
sources, they may ask you to go to a special examination
called a "consultative examination." Your doctor or the
medical facility where you have been treated is the preferred
source to do this examination but it may be done by someone
else. Social Security will pay for the examination and for
certain travel expenses related to it.
Our
rules for determining disability are different from the
disability rules in other government and private programs.
However, a decision made by another agency and the medical
reports it obtains may be considered in determining whether
you are disabled under Social Security rules.
Once
we reach a decision on your claim, we will send you a letter.
If your claim is approved, the letter will show the amount
of your benefit and when payments start. If it is not approved,
the letter will explain why and tell you how to appeal if
you don't agree.
How
Do We Determine Disability?
You
should be familiar with the process we use to determine
if you are disabled. It's a step-by-step process involving
five questions. They are:
- Are
you working?
If you are working in 2002 and your earnings average more
than $780 a month, you generally cannot be considered
disabled. If you are working in 2003 and your earnings
average more than $800 a month, you generally cannot be
considered disabled. If you are not working, Social Security
Administration go to Step 2.
- Is
your disability "severe"?
Your condition must interfere with basic work-related
activities for your claim to be considered. If it does
not, Social Security Administration will find that you
are not disabled. If your condition does interfere with
basic work-related activities, Social Security Administration
go to Step 3.
- Is
your disability found in the list of disabling conditions?
For each of the major body systems, Social Security Administration
maintain a list of medical conditions that are so severe
they automatically mean that you are disabled. If your
condition is not on the list, Social Security Administration
have to decide if it is of equal severity to a medical
condition that is on the list. If it is, Social Security
Admin will find that you are disabled. If it is not, Social
Security Administration then go to Step 4.
- Can
you do the work you did previously?
If your condition is severe but not at the same or equal
level of severity as a medical condition on the list,
then Social Security Administration must determine if
it interferes with your ability to do the work you did
previously. If it does not, your claim will be denied.
If it does, Social Security Administration proceed to
Step 5.
- Can
you do any other type of work?
If you cannot do the work you did in the past the Social
Security Administration see if you are able to adjust
to other work. The Social Security Admin consider your
medical conditions and your age, education, past work
experience and any transferable skills you may have. If
you cannot adjust to other work, your claim will be approved.
If you can adjust to other work, your claim will be denied.
Rules
For Blind Persons
You
are considered blind under Social Security rules if your
vision cannot be corrected to better than 20/200 in your
better eye or if your visual field is 20 degrees or less,
even with a corrective lens.
There
are a number of special rules for persons who are blind.
The rules recognize the severe impact of blindness on a
person's ability to work. For example, the monthly earnings
limit for people who are blind is generally higher than
the $780 limit that applies to non-blind disabled workers.
This amount changes each year. For current amounts and other
information on special rules for persons who are blind,
ask for the booklet, If You Are Blind Or Have Low Vision
... How We Can Help (Publication No. 05-10052).
If
My Claim Is Denied
If
your claim is denied or you disagree with any part of our
decision, you may appeal the decision. You have 60 days
from the time you receive our letter to file an appeal.
You are entitled to have a lawyer help you with your appeal.
If
you or someone you know have been improperly denied Social
Security Disability Benefits, contact
us immediately. A Social Security Attorney will review
the facts of your claim. There is no charge or obligation
for this service. Once we have received your information,
a member of our staff will contact you concerning your claim.
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