Note: this is about disability benefits in the United States

Dear Aunt Lori,

How do you apply for disability benefits? What do I need to have?

Applicant

Dear Applicant,

The process of applying for disability benefits varies widely and may take a couple of months to even years! There are several factors to take into consideration that may affect your experience with the process.

Before we get into those, let's take a look at the two types of programs offered that may be described as "Disability Benefits":

SSI (Supplemental Security Income)

SSI is a monthly payment to disabled and elderly people who have either no income or a low income. Disabled people, those who are at least 65 years old, and some disabled children may be eligible to apply. People who receive SSI payments must have a monthly income less than ~$1,900 and cannot have $2,000 ($3,000 for couples) in their name (bank accounts, property, etc).

SSDI (Social Security Disability Insurance)

SSDI is a monthly payments made to a disabled person (and certain family members) who have a qualifying work history. The payments are from the amounts taken out of their income essentially being returned to them. The income and asset restrictions don't apply.

What do you need?

The qualifying health conditions for both types of benefits are the same and cover a wide range of conditions. First and foremost, you'll need a list of your medical condition(s) with information about your doctors, clinics, hospitals, information about where to find your medical records, list of medications and the reason you take them. Aside from the medical information, you will also need: work history, education and training history, spouse's information, children's information, birth date and location, divorce(s), and military history.

There's a fair amount of items needed, so to prevent me from skipping anything, I've included a link to the Social Security Administration's "Adult Disability Checklist".

The Application Process

This is when experiences start to differ quite a bit!

The application process can take a long time and many people have to appeal the decision and seek an attorney's help. Rarely, the process may take only a couple of months; this is often in "compassionate allowance" cases. I applied for benefits while I was in a rehabilitation facility and with the help of a staff member and my mom and my claim was approved in about two months due to this.

The "compassionate allowance" program aims to reduce the waiting period for a claim in cases where it's obvious that the person qualifies for benefits. Often, it's done for people who have severe and/or degenerative conditions when the delayed approval could be detrimental. There are several conditions that qualify; most of them are types of cancer or rare disorders.

Many factors affect the time it takes to get approved. These include (but not limited to):

• Whether you are in a hospital or care facility or home

• Age of disability (especially if you are below 22 years old or 65+)

• Length of time you've been disabled

After you've submitted an application, you can check the status by calling 1-800-772-1213 (TTY 1-800-325-0778) during regular business hours or using their online service, my Social Security.

Appealing

Unfortunately, some people will have their claim rejected. Often, it's from not providing enough information, but sometimes it's a mystery why the application was denied. A lot of people have to appeal the decision and seek legal advice. Appeals must be submitted in writing within 60 days of the rejection.

There are four levels of an appeal:

#1 Request reconsideration

Ask to review your application and reconsider the action. Can be requested online here

#2 Hearing with a judge

After reconsideration is rejected, you can ask for an administrative law judge to hear your case. Can be requested online here.

#3 Review of hearing decision

After a hearing is rejected, you can ask for the Appeals Court to hear your case. Can be requested online here.

#4 File federal district court action

After the hearing is rejected, you can file for a federal district court review with the United States District Court. Must be mailed or faxed with details of the Appeals Court action; information about that here.

If you still are rejected, but are disabled and have medical records to prove it, it's wise to seek legal counsel. If you can't afford a lawyer, you can search for "pro bono" disability lawyers as well as charities for help.

The process can be overwhelming, but thankfully there's help out there! Hopefully this helps!

Aunt Lori

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