Generation Information About Legal Topics
Topic 140: What If I Become Disabled?
(revised 10/98)

If you are unable to work because of physical or mental problems, you may be entitled to Social Security Disability benefits or Supplemental Security Income benefits, also called SSI. These benefits are paid to individuals who are unable to work for a period of 1 year or more.

In determining whether or not you are disabled, the Social Security Administration will consider your past work, age, education and health problems. Social Security Disability benefits are paid to those individuals who have worked and have had Social Security taxes withheld on their behalf. Your entitlement to Social Security Disability benefits and the amount of your benefits are determined by how much you have worked and the amount of Social Security taxes withheld by your past employers. If you are self-employed and have paid Social Security taxes, you may also be eligible for Social Security Disability benefits. Your dependents may also be entitled to benefits.

If you are not eligible for Social Security benefits and you are disabled, you may still be eligible for SSI benefits. The factors used to decide if you are disabled for Social Security Disability Benefits are the same factors used for SSI benefits. In order to receive SSI, you must not have sufficient income and resources to adequately support yourself.

In order to apply for Social Security or SSI benefits, you should call or go to your local branch office of the Social Security Administration. It will speed up processing your case if you have important documents, such as birth certificate, Social Security card, and names and addresses of all hospitals and doctors that have treated you when you apply for benefits. Social Security will review your application and issue a decision within about 90 days after you apply. If they decide against you, you can request a reconsideration (people in Missouri can usually skip this step), and have them review your application again.

If they deny your claim after a reconsideration (if needed), you can request a hearing before an Administrative Law Judge. This hearing allows you to explain to an independent person all of your problems and how they affect your ability to work. If you feel your claim was improperly denied, you should request an appeal hearing if necessary. Many disability claims are improperly denied. You should read the notices that Social Security sends you very carefully. You must request each step of the appeals process within the time period stated on the notice. If you do not request the appeals step in the right number of days, you may lose your right to benefits. Many attorneys handle Social Security disability claims. If you have been denied benefits, you should consider obtaining an attorney to assist you with the appeals process.  


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