Applying for Social Security Disability and SSI
Frequently Asked questions

Who can get Social Security Disability Insurance benefits (DIB)?

Social Security Disability Insurance benefits, also called DIB, SSD, or Title 2 benefits, are for any disabled person who can no longer work, but who has the required history of working.  The disabled person's spouse, dependent children and parents, and even a divorced spouse might also be able to get DIB.  This program is an insurance program while a person works he or she pays money into the Social Security system and is eligible to get benefits if he or she becomes disabled and can no longer work.

Who can get Supplemental Security Income (SSI)?

SSI, also called Title 16, benefits are for any person who is blind, disabled or elderly (65 or over) and who meets certain income and resource rules.  You do not need to have a work history.  The income rules depend on your living arrangements and whether you apply as a single person or couple.  Resources include cash, savings, investments and valuables.  But they do not include a needed car, your home, ordinary belongings, or some life insurance policies.

How can I get SSI if I'm aged or blind?

If you are applying for SSI as aged, you must show that you are 65 or over.  If you are applying for SSI as blind, you must give evidence that you have corrected vision of 20/200 or worse in your better eye.

How can I get benefits for disability?

To get benefits for the DIB or SSI disability programs, you must show you are "disabled." "Disabled" means that a physical and/or mental impairment or impairments keep you from working any regular, paying job.  Your disability must have lasted or be expected to last for at least 12 months, or be expected to result in death.  It is normally not enough to show that you cannot do you old job.  You must show that you cannot do any kind of full-time work, taking into consideration your age, education and experience.  Different rules apply if you are over 50 years of age.  You cannot get benefits if you are able to work, even if no one will hire you.

When should I apply for the DIB and SSI programs?

Apply as soon as possible after disability occurs.  You do not need to wait 12 months to apply.

An application for DIB may also be filed after the death of a disabled worker.  You must apply within three months of the worker's death.  If the claim is approved, back payments may be made for some months before the worker died.

Where do I apply for Social Security programs?

You must make an appointment to apply.  You can make this appointment at your local Social Security office or by calling 1-800-772-1213.

What evidence should I include with my application?

To get SSI or DIB, you must have medical evidence that shows you have some physical or mental impairment(s) that makes you unable to work.  Medical evidence includes doctor or hospital reports, chart notes, test results, and letters.  The more medical evidence you have, the better chance you will have of winning benefits.  List all the medical evidence that you have when you apply.

Are there special rules if my disability is based on alcoholism or drug addiction?

People who are disabled because of the current use of alcohol or another drug are not eligible to receive benefits.  If you have a drug addiction or alcohol problem,  your disability must be caused by another medical problem that makes you unable to work in order to be eligible for benefits.  The basic test is:  would you still be disabled if you stopped using drugs or alcohol?  If so, then you are eligible for benefits.

What happens after I apply?

The SSA will contact your doctors and request records.  They also may send you to a doctor for an evaluation.  Whenever possible you should try to take copies of your medical records to the doctor because the doctor will usually have no records of your medical history.

Can I get other help while waiting for Social Security benefits?

While you are waiting for a decision by SSA you may be able to get General Assistance from the State of Oregon if you are single or have a disabled spouse, and have very little in the way of financial resources.  You must have medical evidence showing that you will be disabled at least one year.  You will also be asked to sign a statement saying you will pay back welfare for your General Assistance if you get SSI benefits.  If you do not get those benefits you do not have to repay welfare.

What happens if I'm found to be eligible for benefits?

If you are found eligible for DIB, you will get benefits beginning 5 full months after you become disabled, but only for a maximum of 12 months before you applied for benefits.

If you are found eligible for SSI, you will get benefits back the first day of the month after the month in which you applied, or later if Social Security believes your disability began after you applied.  If you were getting General Assistance you may have to pay back the state out of your retroactive benefit check.

If you are denied benefits

What can I do if I am denied benefits?

Many people do not get benefits when they first apply, but don't be discouraged.  You can many times get benefits by appealing and having a Social Security hearing.

Most people are denied benefits because the SSA thinks:

• The evidence does not show a serious medical problem; or
• The disability won't last 12 months; or
• The person can do some type of work even if it is not regular work.

If you think Social Security was wrong in denying you DIB or SSI benefits you can fight the decision by:  asking for a reconsideration and (if you still don't get benefits) (2) then asking for a hearing.

(You have to go through a reconsideration before you can ask for a hearing.)
The office of Dwayne R. Murray Attorney at Law can assist you from this point forward.  Call 541-773-8473.

How do I ask for a reconsideration?

To get the SSA to reconsider your claim you must write the local Social Security Office within 60 days of the denial of benefits.  You must also sign and give SSA a form entitled "Request for Reconsideration."  Your case will be reviewed again and you will be notified by mail of the decision.  Most of the time you will again be turned down.

Do not be discouraged if your claim is denied at first or on reconsideration.  Many people win their cases at hearings.

How do I ask for a hearing?

If your request for reconsideration is denied, you can appeal the decision by asking for a hearing.  The hearing is your chance to explain your situation face-to-face to someone who can grant you benefits.  You can have a lawyer represent you at the hearing. (See below.)  Many people win benefits after the hearing, so it is worth trying.  If you don't appeal your case you can apply again later, but you might no longer be eligible for benefits or you might get a smaller amount of retroactive benefits.  You must ask for a hearing in writing within 60 days of the date of denial of reconsideration.  Forms for appeal are available from any Social Security office.  On the form for requesting a hearing, be sure to mark the box saying that you want to "appear" at your hearing.

For answers to other questions, call the office of Dwayne R. Murray, 541-773-8473.