FAQs—Social Security Claims

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Get the Social Security Answers You Need

The law firm of Weinstein, Schleifer and Kupersmith, P.C., represents persons seeking disability benefits from the Social Security Administration. With an experienced staff led by attorney Norman Weinstein, persons who are not able to work due to illness or injury are guided through the government system to receive needed cash and medical benefits.

If you are interested in speaking with a member of our Social Security Disability Department, please have available when you call a list of your medications and the dates of important documents you have received from the SSA as this will best enable us to help you.

The following is a list of frequently asked questions and relevant information to assist you in handling a claim for disability benefits from the Social Security Administration.

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Q1: What are the types of benefits available through the Social Security system and who is eligible to receive these benefits?

A1: The Social Security Administration (SSA) administers several programs. In addition to the most well-known program, Old Age, Retirement, and Survivors’ benefits, Social Security administers two types of disability benefits.

Social Security Disability Insurance (SSDI) benefits are potentially available to persons who have worked and paid taxes into the Social Security system over a period of years. In order for a person to potentially be eligible to receive SSDI benefits, an individual must either have been out of work for one full year due to illness or injury or the person must be expected to remain out of work for at least one full year.

Supplemental Security Income (SSI) benefits are the second disability program administered by the SSA. To be eligible to receive SSI, an adult individual must be found unable to work for at least one year, just as with SSDI, but eligibility is not based upon having worked and paid taxes into the Social Security system. Rather, a person must meet certain financial and U.S. residency requirements in addition to being unable to work to be eligible for SSI. Additionally, children with very severe health problems causing marked limitations in functioning may be entitled to SSI benefits depending upon their parents’ financial situations.

Individuals potentially can be eligible for benefits under both the SSDI and SSI programs depending upon a number of circumstances.

Q2: What is the amount of money I can receive from SSDI or SSI benefits?

A2: For SSDI benefits, the amount of the cash benefit that can be received every month depends upon the amount of money that has been earned and taxes paid upon over the years. Benefits can be as low as only a few hundred dollars every month or up to a few thousand dollars per month and are subject to annual increases. The Social Security Statement that most wage earners receive on an annual basis (and which can be requested from the SSA) sets forth an estimation of your benefit amounts under the early retirement, full retirement, survivors’, and disability programs.

For SSI benefits, the amount of monthly income is subject to a maximum benefit amount which is increased by an annual cost of living adjustment. Assuming that an individual is entitled to the monthly maximum benefit amount, he or she can be entitled to an amount that reached $623.00 per month in 2007, and a couple who both receive SSI can be eligible for a shared maximum benefit amount of $934.00 in 2007.

Q3: Does my income or assets impact the amount of my monthly benefit?

A3: For a person eligible to receive SSDI benefits, overall wealth does not factor into the monthly benefit amount. You can win the lottery and still be entitled to your monthly Social Security Disability Insurance check. However, receipt of Workers Compensation benefits and certain governmental pensions can reduce the individual’s monthly SSDI benefit depending upon a number of factors. The income and assets of a spouse do not impact your SSDI benefit amount.

For SSI benefits, subject to certain exceptions, an individual cannot have assets (called “resources”) worth $2,000.00 or more and still be entitled to a monthly SSI benefit. The "resource limit" for a couple is $3,000.00. Income from other sources, including free room and board as well as cash, will result in a reduction of the monthly SSI benefit amount. Additionally, the assets and income of a spouse can adversely impact upon the amount of benefits to which an SSI recipient may be entitled.

Q4: Are my children entitled to a benefit from Social Security if I become disabled?

A4: Children of a disabled person receiving SSDI benefits are generally entitled to a monthly benefit amount based upon the disabled parent’s earnings until the age of 18 years (or to 19 years if the child is still in high school). While the benefit amount varies depending upon the amount of time and earnings upon which taxes have been paid, children of a disabled person receiving SSDI benefits can expect to share a benefit amount of nearly half the amount the parent receives on a monthly basis. However, where the disabled person’s monthly SSDI benefit amount is very low, the children may not be entitled to any benefits.

Children of a disabled person who receives SSI are not entitled to any benefit based upon the parent’s being disabled.

Q5: What types of health insurance might I receive through SSDI or SSI?

A5: Persons who receive SSDI benefits become entitled to Medicare health insurance in the 25th month of entitlement to receipt of SSDI benefits. The government does deduct from monthly SSDI benefits a monthly charge for the cost of Medicare health insurance. If the individual’s benefit amount is relatively low and the person is otherwise financially eligible, an individual may be entitled to have the monthly Medicare charge paid by the state in which s/he resides and could be eligible to receive Medicaid as well.

Persons who receive SSI benefits are usually eligible to receive Medicaid health insurance, which insurance is usually administered at the state level (as one would get from Welfare).

Q6: Can I still work if I receive SSDI or SSI benefits?

A6: An individual who is still working on a full-time basis is not disabled as a general rule of thumb. However, SSA has rules that do allow persons to work to a limited extent and still remain eligible to receive disability benefits. These rules can be rather complicated, but the general principle is that if you are earning $900.00 per month or more from work for the year 2007 and you have not already been adjudicated as being disabled by the SSA, you are likely not going to be eligible to receive disability benefits.

Q7: Do I need an attorney to apply for SSDI or SSI benefits?

A7: While there is no rule requiring anyone to obtain an attorney to assist in the pursuit of SSDI and/or SSI benefits, it is a wise decision to hire an attorney to assist in the prosecution of a disability claim. At Weinstein, Schleifer & Kupersmith, P.C., our experienced professionals assist clients at all levels of the disability adjudication process, becoming involved in cases at the very beginning by filing the application(s), and as late as immediately before hearings before judges. It is generally a good idea to obtain the assistance of an experienced Social Security Disability attorney as early as possible in your case. At Weinstein, Schleifer & Kupersmith, P.C., an attorney always works on the client’s case and goes to the client’s hearing.

Q8: What does Weinstein, Schleifer & Kupersmith, P.C., charge for an attorney fee?

A8: The overwhelming majority of cases are handled on a contingent fee basis, meaning that the law firm is not paid until such time as the case is won. The standard fee is 25% of the past due benefits up to a maximum of $5,300.00, whichever amount is less. Once the case is concluded, the client receives 100% of the ongoing monthly benefit amount; the attorney has no claim to monies beyond the "past due benefits."

As an example, if the amount of your benefits from when you are first found entitled to benefits up through to the conclusion of your case is $12,000.00, the fee will be $3,000.00. If the past due benefits amount to $21,200.00, the fee will be $5,300.00. In the event that the case is appealed all the way up to the Federal Courts, the standard Weinstein, Schleifer & Kupersmith, P.C., fee agreement provides that the attorney may file a petition for an amount that is greater than $5,300.00