Do I need any money to hire an attorney?

-No, you don't need any money to hire an attorney.  The Social Security Administration allows attorneys to be paid 25% of the claimant's back pay if the attorney wins the case, but the attorney fee can't exceed $6,000.00.  The Social Security Administration must approve the fee.  The attorney may also charge the client to recover expenses incurred in the representation of that client, such as the cost of postage, photocopies, and medical records and reports from doctors.  This is in addition to the attorney's fee.

How does the attorney get paid?

-Usually the Social Security Administration takes the attorney's fee from the amount of the claimant's back pay, and sends it directly to the attorney.  Occasionally, mistakes are made, however, and the attorney fee is mistakenly mailed to the claimant.  In this case, the claimant would then need to mail the fee to the attorney.  For expenses or costs, the attorney will bill the claimant directly and the claimant would need to pay the attorney himself or herself for those costs or expenses.

How far back can I be paid in my claim for Social Security or SSI disability benefits?

-In Social Security disability cases the farthest back that a claimant can be paid is one year prior to the application date.  However, there is a five-month waiting period.  So actually there is only seven months of pay possible prior to the application date.  In SSI disability benefits the farthest back that a claimant can be paid is the date of application.  However, there is no waiting period.

What is the difference between Social Security disability benefits?

-The programs have the same criteria in terms of medical and vocational issues or criteria.  However, there are many other differences between the programs.  To qualify for Social Security disability on your own earn record, you have to have worked and paid in to the system 20 out of the last 40 quarters, or 5 out of the past 10 years, prior to becoming disabled if you are over 31 years of age.  If you don't qualify for Social Security disability benefits because you don't have enough recent quarter earnings, you may still qualify for SSI disability benefits.  However, SSI is a need-based program.  So, if you have any household income, even if it is your spouse who has income, you have substantial assets, you may not qualify for SSI disability benefits.

Can I collect both Social Security and SSI disability benefits?

-SSI is a supplemental program, designed to make sure that disabled persons have some minimum amount of monthly income.  So, if a person's monthly Social Security disability check is less than $674.00 per month, due to low earnings or a sporadic work history, then that person may also receive an SSI check each month as well.

Can I work if I'm collecting Social Security or SSI disability benefits?

-If you are working and earning any amount of money, you will see a reduction in your SSI check and risk losing it altogether.  If you are receiving Social Security disability benefits you can work and earn less than $1000.00 per month gross income, and still collect your full monthly Social Security disability benefits.  If you start to earn more than $1000.00 per month in gross income, you can continue to collect your paycheck and your full monthly Social Security disability benefits for a period of nine months.  This is called a trial work period.  these nine months are cumulative, not consecutive.  If you start working and are earning over $1000.00 per month in gross income, you need to report that and stay in touch with your local Social Security Office.  Otherwise, a claimant risks being in a situation where he or she has been overpaid by Social Security and may be expected to repay any overpayment.

Do I have to pay federal income tax on my Social Security disability benefits?

-Not usually.  However, if you have other income, you may have to pay income tax.  If you file as an individual and your total income is more than $25,000.00 or you file a joint return with your spouse and your total joint income is more than $32,000.00, you may have to pay some federal income tax.  For more information call the Internal Revenue Service at (800) 829-3676 and ask for Form 915.  For deaf & hard of hearing persons, call (800) 829-4059.

What other benefits may I be entitled to receive if I am approved for Social Security or SSI disability benefits?

-If you have been approved for Social Security Disability benefits, you are also eligible for a Medicare card, which will be mailed to you two years and five months after the date in which the Social Security Administration says your disability began.  You may also qualify, if you have a low monthly benefit amount & not many assets, for a Medical Card, which is administered by the various states.  SSI disability benefit recipients may be eligible for Medicaid benefits, but not Medicare benefits.  Additionally, a finding of disability by the social security Administration may entitle you to assistance with prescription drug expenses & utility bills through the Circuit breaker program, subsidized housing, a personal assistant, and free or reduced-fare public transportation.  Check with community agencies locally to determine what is available to you locally.