Social Security Disability

What is Social Security Disability?

The Social Security Administration has two programs to financially aid people who have illnesses or injuries that prevent them from working. The two programs are Social Security Disability Insurance (often known as "SSD" or "SSDI") and Supplement Security Income (often known as "SSI"). Both programs provide income to people who have medical conditions which prevent them from supporting themselves with work. Although the programs are different financially, they follow the same rules when determining if you have a medical condition that prevents you from working.

Who gets SSD?

SSD is an insurance program for people who have worked in the past and paid into Social Security. The amount of your SSD benefits is based on your work history. Until this year, the Social Security Administration sent letters to people shortly before their birthdays informing them of how much money they will get from Social Security when they retire and how much they will get if they become disabled. (This information will now be available at Social Security's web site, www.ssa.gov). People who qualify for SSD may be able to get additional benefits for their spouse and/or minor children.

All recipients of SSD are entitled to Medicare after they have been disabled for two years.

Who gets SSI?

SSI is supplemental income for disabled people who have little or no work history and therefore are entitled to only a small amount from SSD, or no SSD at all. The amount of SSI you receive is based on your financial need. The maximum amount of SSI a person can receive in 2011 is $674 per month.

Disabled children living in low-income families are also eligible to receive SSI.

All recipients of SSI are entitled to Medicaid (known as Medical Assistance or "MA" in Pennsylvania).

How do I apply for SSD or SSI?

Applications are taken at your local Social Security office. For residents of Lycoming and Montour counties, the nearest office can be found in Williamsport, PA. You can also apply on-line at www.ssa.gov. Be sure to tell Social Security about all of your medical conditions and all of the doctors, hospitals and therapists you are seeing.

After you apply, Social Security will contact all of the doctors, hospitals and therapists that you tell Social Security about and get your medical records. You may be sent to see one or more doctors for a “consultative evaluation” at Social Security's request. Staff at Social Security will then review all of your medical records and the consultative evaluations and determine if you have a medical condition that keeps you from working. Social Security also looks at your education and age to make a final determination of your disability. If you are applying for SSI, Social Security will also take into account your income, the income of any family members with whom you live, and your assets to determine if you are financially eligible.

What happens if I am denied Social Security Disability benefits?

You will receive a letter from Social Security stating that you are not eligible for benefits. You have 60 days from the date of that letter to request a review of that decision by an Administrative Law Judge. You can choose to have a face-to-face hearing or simply to have the judge review your file. You have the right to provide additional medical information to the judge.

In Northeast and Central Pennsylvania, including Williamsport and Lycoming County, it generally takes about a year after your file your request for a hearing for the hearing to actually be scheduled. This is because of the large number of cases that the judges must consider.

If you are denied benefits after a hearing with an Administrative Law Judge, you can appeal that decision to the Social Security Appeals Council and, if you are not successful there, to federal court.

Should I hire a lawyer to represent me?

The answer is yes! Social Security regulations can be very confusing and most people find it very difficult and frustrating to try to communicate with the Social Security Administration. This is especially true when you are suffering from an illness or injury that makes it challenging to meet the demands of everyday life. Social Security rules about what medical conditions are disabling are very specific. What you think is most important about your health and ability to work is not necessarily what Social Security thinks is most important. An experienced lawyer can help you fill out the paperwork you need for your appeal, gather your medical records, prepare you to testify at your hearing, and represent you during the hearing.

Social Security regulations govern how much a lawyer can charge you for representation in Administrative Law Judge hearings. All Social Security lawyers work on a contingency-fee basis. This means that they only get paid if you win your case and receive Social Security Disability benefits. Lawyers get paid a percentage of the amount of back-due benefits that Social Security owes you. You do not have to pay your lawyer out of your monthly check after the case is over. Lawyers are allowed to ask you to pay the costs of your case whether you win or lose. These costs are usually to obtain your medical records from your doctors, hospitals and therapists.

How can Fetter McDermott help me in my Social Security Disability case?

The attorneys at Fetter McDermott have more than 7 years of experience representing clients in Lycoming County in Social Security hearings, appeals to the Appeals Council, and in federal court. We are very familiar with Social Security rules and regulations and keep up to date with any changes. We have spent many years reading medical records (and yes, we know how to interpret doctors' handwriting) and summarizing them for the Administrative Law Judges.

Most importantly, we handle each case with compassion and caring. You can trust us to handle your case with Social Security so that you can focus on your medical needs and treatment.

Please call Fetter McDermott at (570) 601-6636 for a free initial consultation today.