Social Security Disability FAQs
The Social Security Disability lawyers of Gemma Law Associates, Inc. , have helped numerous clients with their disability claims. Following are commonly asked questions we've heard from some of those clients.
For help with your disability claim, contact one of our Providence, Rhode Island Social Security Disability attorneys by calling us at (800) 677-9030 or by filling out our online contact form.
When is a person considered disabled and eligible to receive Social Security Disability benefits?
To qualify for Social Security Disability benefits, you must be totally disabled. This means that your injury or illness prevents you from doing any "substantial gainful work" and is expected to last at least 12 months or to result in death. Also, you must have earned wages and paid into the Social Security system in at least 20 of the last 40 quarters.
When should I apply for Social Security Disability benefits?
Most people are eligible to file a disability application the day after they stop working. If you believe you are disabled and unable to work, and also believe you may qualify for disability benefits, you should minimize the waiting time by filing a Social Security Disability application as soon as possible. It can take a long time to process an application for disability benefits (three to five months).
How do I apply for Social Security Disability benefits?
There are currently three methods available to potential claimants:
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Filing for disability online at www.socialsecurity.gov;
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Calling the Social Security Office at 1-800-772-1213 to make an appointment to file a disability claim at your local Social Security Office or to set up an appointment for someone to take your claim over the telephone, or;
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Walking into the Social Security Office without an appointment.
My doctor says I am disabled. Why is the Social Security Office denying my claim?
Social Security's position is that it is not up to your doctor to determine whether you are disabled. The agency makes its own decision independently of your doctor's opinion.
Do I need a lawyer to represent me in my Social Security disability claim?
No. Any claimant can represent himself in all phases of the Social Security disability process. However, claimants with legal representation typically prevail in their cases more often than those who are not represented.
How much will my benefits be?
The amount of your monthly disability benefit is based on your average lifetime earnings. The Social Security Statement that you receive each year displays your lifetime earnings and provides an estimate of your disability benefit. If you do not have your Social Security Statement and would like an estimate of your disability benefit, you can request one at www.socialsecurity.gov or call the Social Security Administration at 1-800-772-1213.
Can my family get benefits?
Certain members of your family may qualify for benefits based on your work. They include:
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Your spouse, if he or she is 62 or older;
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Your spouse, at any age if he or she is caring for a child of yours who is younger than age 16 or disabled;
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Your unmarried child, including an adopted child, or, in some cases, a stepchild or grandchild. The child must be under age 18 or under age 19 if in elementary or secondary school full time; and
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Your unmarried child, age 18 or older, if he or she has a disability that started before age 22.
If you have other questions about Social Security Disability, the Providence, Rhode Island law firm of Gemma Law Associates, Inc. , has answers. Serving clients throughout the state, including North Providence, Newport, Bristol County, Kent County, and Providence County, we will meet with you to discuss your case. Please contact us by calling (800) 677-9030 or by filling out our online contact form.
