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The Basics

Disabled? How to get benefits

Qualifying for Social Security benefits may take more time and effort than you think, and missteps can be costly. Here's a road map, along with 7 pitfalls to avoid.

By MarketWatch

Workers who contribute part of their earnings to Social Security often underestimate what it takes to tap the benefits if they become permanently disabled. The process can be tricky and more time-consuming than people expect, and the weak economy appears to be contributing to a surge in applications, experts say.

Some workers who've been laid off and who struggle with multiple debilitating health conditions may find their combined disabilities rise to the level of prohibiting them from working, said Paul Gada, personal financial planning director for Allsup, a Social Security disability claims-services company in Belleville, Ill.

"The realities of the harsh economy have forced them to come to grips with their conditions more," Gada said. "You have to do more introspection."

Applications for Social Security disability benefits rose more than 17% in the first quarter, according to Allsup, which collects a fee only when its clients receive benefits awards. There are 7.4 million people receiving disability benefits that average $1,063 a month, according to the Social Security Administration's most recent data.

The number of U.S. adults reporting a disability increased by 3.4 million between 1999 and 2005, according to a recent report from the Centers for Disease Control and Prevention. More than 47 million people, or an estimated one in five adults, report having a disability. The three most common causes are arthritis, back problems and heart disease.

Those numbers are expected to rise as baby boomers age, with many becoming disabled and being pushed out of the work force. So it can pay to know how to approach the claims process. Here are seven common errors to avoid:

1. Misdefining disability

The first mistake people often make is failing to understand the Social Security Administration's strict definition of disability. It requires that a person be unable to perform any substantial work and have a medical condition that's lasted or is expected to last at least a year or to result in death.

Many people erroneously think they can collect benefits as long as they are unable to do their regular job as opposed to any job, said Frank Darras, managing partner of Shernoff Bidart Darras & Echeverria, a Claremont, Calif., law firm that represents insurance policyholders.

"It's not only what you can do or have been doing but anything they think you're suited for," Darras said.

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2. Waiting too long

For those who qualify, a common mistake is waiting too long to start the application process. It takes an average 30 to 100 days from initial application to receive either an award or initial denial, said Robert Pepper, a public affairs specialist for the Social Security Administration. Once a person is approved, there is a five-month wait after the onset of a disability before monthly checks start to arrive.

Delaying getting started means putting off much needed health care benefits as well because Medicare coverage doesn't kick in until 24 months after disability entitlement.

What's more, the earlier you start, the better your chances of freezing your wages for a more favorable retirement-benefits calculation in the future. Waiting too long, or worse, giving up completely can result in lower benefits as a retiree because Social Security factors in your total working years, Gada said. "You're doing yourself a huge disservice."

3. Making financial mistakes

Once you begin, prepare as much as possible for a long haul, both mentally and financially, he said. Use financial-planning basics "to kind of tread water until you get to the point where you get monthly awards and Medicare coverage for medical needs."

One possible exception is if you have a diagnosis that qualifies you for a "compassionate allowance," a system Social Security started last year to fast-track approval for people with 50 different disabling illnesses, including 25 kinds of cancer. Determinations for such cases are often made within seven to 10 days, Pepper said. See the list of compassionate allowances.

Continued: Get organized

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1 - 10 of 54
Thursday, July 09, 2009 4:02:02 PM
Whoever wrote this article is wrong with how long this process takes.  It can take years to get approved.  No way the 30-100 days as stated in this article. Almost everyone gets turned down the first time they apply.  That is the time to get an attorney.  Even with an attorney, it can take a long, long time. One good thing though. ..if you do get approved, you collect all monies due you from the day you applied even if it was years ago.  But during the l-o-n-g approval waiting time, you get nothing.  So you are so sick that you cannot work, but you cannot receive any benefits until and if you get approved.  It is a very stressful time for anyone who is so sick. INOFLAKI....just exactly what turned you abusive in this post???  Get yourself some anger management...
Thursday, July 09, 2009 4:52:40 PM
It is absolutely imperative that anyone who has been turned down hire a lawyer!!!  The government makes it a habit to automatically turn down anyone who isn't practically dead, hoping that they give up.  Binder and Binder is a great law firm that is around the country.  They took my case 13 years ago, and I never would have made it through the process without them.  Don't give up, and don't let the government's doctors tell you there's nothing wrong with you!!  That is what they get paid to do!!!! 
Thursday, July 09, 2009 5:05:43 PM
Article failed to mention something else.  I worked most of my adult life paying into social security.  I took a job within a state educational system that didn't participate in social security.  When I became disabled and unable to do any work at all, I applied for Social Security and was denied benefits because I hadn't put any money in for the previous quarters required.  So here I sit 6 years later with nada. Moral:  be sure to contribute to social security yourself if your employer doesn't do it.  Anyone who works on a "contract basis", yes teachers that could be you............you might get surprised. 
Thursday, July 09, 2009 5:34:50 PM

Gammie6 is wrong.

The government doesn't pay the lawyer. YOU pay the lawyer out of your back benefits. The government takes the lawyers share out of YOUR back benefits to make sure the lawyer gets paid. The government limits the lawyer to a certain amount, not sure what the amount is now but I believe it's less than $5500.00, no matter how long it takes.

 

The government does NOT pay you from the day you apply. They pay you from 5 months after THEY determine what your disability date is. Your disability date may be after you apply. If you have a lawyer that can be disputed, but the government hopes you will be so happy to actually get anything that you don't appeal the date.

 

Make SURE you have the support of your doctors. It doesn't do any good to apply for disability if your doctors thinks you can work.

 

TRY to save some money NOW before you can't work anymore. I plan to have at least two years worth of income in the bank. I don't get to buy what I want, we have to live close to the bone and that sucks, but not having insurance or healthcare would suck even more.

 

I get to plan ahead because I have MS and will eventually be disabled. Knowing that in advance makes me work two jobs and save every freaking penny, so as to increase what benefits I may receive. The more you make now, the more you get when you retire or become disabled. You need a certain amount of work quarters in a certain time period, so work your butts off now if you think you may have to apply for disability! Don't go part time or quit your job! If you get to the point where you absolutely cannot work, FILE and then quit the day you stick that application in the mail!

 

 

 

Thursday, July 09, 2009 5:38:14 PM

Been trying for 40 MONTHS with & without an attorney & sent in 3rd appeal letter this week. Getting SSI for a "psych" reason is even harder than a "medical" reason.

Legal aid would not help.

Thursday, July 09, 2009 5:59:08 PM

The article describes how SS theoretically works, but I live in suburban MD near a huge SS center, and things are quite different in real life,  where the "rubber meets the road".  I've heard quite a few real life-horror stories in the nine years I've lived here.  The overall conclusions I've pieced together are as follows:

 

* The backlog of paperwork is YEARS long, but the time limits to submit large amounts of paperwork is short.  You may be rejected, even if your disability is visually obvious and need for $ very desparate - not because you missed the deadline, but because your qualifying paperwork wasn't processed.

 

* The SS workers are federal employees; no comment necessary.  The school system here where many of the local SS employees are taught is among the worst in the U.S. (The latter is getting better due to new leadership - that hopefully will stay - but no improvements will carry over to SS in the forseeable future.) 

 

* Don't go alone.  It's best if the applicant can speak for him/ herself, but if the disability prevents it, you may still get grief from the interviewer if you help.  Stay calm and politely explain why you are intervening.

 

* Sadly, service varies on a basis prevented by federal law and due to the demographic makeup of this region.

 

* (not sure about this one) It's OK if an SS employee is not working because they are in line at their credit union.  The lines are always long because many are doing business one transaction at a time, or depositing and withdrawing the same money multiple times.

 

* The one bright spot to this list - if you have problems, contact your federal elected representatives ASAP.  SS stories that started bad but turned out good often involve the rep's staff, which are usually of the high quality required of private sector workers.   And unlike an attorney, this help won't cost you $.

 

Have some plan As & Bs in mind if SS $ help is slow to arrive (e.g., credit card advances, live with family, etc.)   SS is supposedly upgrading computer systems and building another large facility nearby, but if some of the problems described above carry over, don't expect miracles, let alone fast ones.  GOOD LUCK!

 

 

 

 

 

 

 

 

Thursday, July 09, 2009 6:08:20 PM

Disgruntedpassenger:  I'm sorry to hear about your illness and admire your proactiveness.  Are you single and/or female?  Just curious; I am and would be doing the same thing.  When Katie Couric was on the Today Show, she called it "bag lady syndrome". 

 

What scares me is an unexpected sudden disability or not being physically or mentally capable of the long, difficult process to get $$ due you from your years of hard work.  I'd also worry that I still wouldn't have enough to pay for my increased health care needs and keep my small home and some food in my mouth. 

 

I do have a question.  Are recipients penalized, in the amount they receive, if they have too much assets?  If so, how should assets be sheltered?

 

 

Thursday, July 09, 2009 6:09:47 PM
mooveover - a "psych" reason IS a "medical" reason; don't let anyone say different, or treat your problem and need as less important.
Thursday, July 09, 2009 6:17:36 PM
Why is it you only hear the horror stories.  I was diagnosed with Non Hodgkin's Lymphoma in 1996 ( second occurrence)  I had a bone marrow transplant and am now permanently disabled due to the side effects of the chemo and radiation.    I applied and immediately was approved.  I was reviewed  by Social Security  two years later and was declined.  With in 2 weeks of the review, I was again found to be disabled.  I have been reviewed on a regular schedule and have never had another problem.  The ones that need to worry are the ones that are not really disabled, just trying to abuse the system. 
#10
Thursday, July 09, 2009 7:01:27 PM

Yes I was turned down . My kidneys are failing and close to dialysis. Had to quit my job that I worked 29 years (school district, food services main cook). and I am only 56 years old..    CAN NOT do the work and LIFTING that I use to do. BUT S.S  says i can work somewhere else. I am supposedly still breathing walking and talking and should be able to lift light objects lol.  A bag of rice at work is 50 lbs. HELLO.  Working to get on transplant list which takes years, HELLO.  I'll tell my next employer that I'll need an area to do my dialysis  and to make sure to schedule my breaks and lunch time around them lol  oh and expect me to take a lot of time off for doctor appointments.  WOW,  WOULD YOU HIRE ME PLEASE.... AND IF I GET a transplant  they only pay you up to a year after and medications for 3.  Even though kidney function stays at 10%. YOU CAN WORK  THEY SAY..   NO I am not diabetic or obese...just 125 lbs now..sad part most people that have worked hard  get the run around, I should not need an attorney to prove my case when medical records say it all.  YEPPERS STILL TRYING

 

 

 

 

 

 

 

 

 

 

 

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