Barkan Neff Handelman Meizlish, A Limited Liability Partnership

Barkan Neff Handelman Meizlish, LLP

Attorneys at Law Since 1957

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Social Security Disability FAQ's

If you think you may have a Social Security Disability claim anywhere in Louisiana, Ohio or Florida, please contact one of our offices to arrange a free visit. We’ll ask you some questions to determine if we think you may be eligible. Since there is no charge, it can’t hurt to find out more by visiting or calling our office today.

What is the definition of disability used by Social Security
Under the Social Security Act, "disability" refers to "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months."
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How many different types of Social Security disability benefits are there?
There are at five major types of Social Security disability benefits.

Disability Insurance Benefits:
Disability Insurance Benefits is the most important type of Social Security disability benefits. It goes to individuals who have been recently working (at least five out of the last 10 years) who are now disabled.
Disabled Widow's and Widower's Benefits:
These benefits are paid to individuals who are age 50 to 60 and become disabled within a certain amount of time after the death of their spouse. Their husband or wife must have worked enough under Social Security Laws to be insured.
Disabled Adult Child Benefits:
These benefits go to individuals who are disabled before age 22 and whose parents are drawing Social Security disability or retirement benefits or are deceased.
Disability Insurance Benefits, Disabled Widow's or Widower's Benefits and Disabled Adult Child benefits are paid regardless of whether the disabled individual is rich or poor. Benefits are paid only based on a Social Security earnings record.
Supplemental Security Income benefits:
These benefits are paid to individuals who are poor and who are disabled. It does not matter for SSI whether an individual has worked in the past or not.
SSI child's disability benefits:
These benefits are paid to disabled children under the age of 18. [return to top]

I am disabled, but I have money. Do I have to wait until I use this money before applying for Social Security disability benefits?
No. If you have worked in recent years or if you are applying for Disabled Widow's or Widower's benefits or Disabled Adult Child benefits, it does not matter how much money you have. There is no reason to wait to file the claim.

How long after my disability do I have to wait before filing for Social Security disability benefits?
Not even one day. You can contact Barkan Neff Handelman Meizlish Social Security Disability Lawyers to file for Social Security disability benefits on the very same day that you become disabled. Many individuals make the mistake of waiting for months before contacting a Social Security disability claim attorney.

If you have been injured and can’t work for a year or more, you should contact us immediately. [return to top]

I am still on sick leave from my employer. Can I file for Social Security disability now or do I have to wait until the sick leave is exhausted?
No, you do not have to wait until the sick leave is exhausted. You should file for Social Security disability benefits now, if you believe that you will be out of work for a year or more. [return to top]

I got hurt on the job. I am drawing worker's compensation benefits. Can I get Social Security disability benefits now or should I wait until the worker's compensation ends?
You do not have to wait until the worker's compensation ends and you should not wait that long. An individual can file a claim for Social Security disability benefits while receiving worker's compensation benefits. It is best to contact our social security attorneys as soon as possible because otherwise there may be a gap between the time the worker's compensation ends and the Social Security disability benefits begin. [return to top]

Can I get both worker's compensation and Social Security disability benefits?
Yes. There is an offset, which reduces Social Security disability benefits because of worker's compensation benefits paid, but in virtually all cases, there are still some Social Security disability benefits to be paid. [return to top]

How can I tell if I will be found disabled by Social Security?
Unless your disability is catastrophic (such as terminal cancer, a heart condition so bad that you are on a heart transplant waiting list, total paralysis of both legs, etc.), there is no easy way for you to tell whether you will be found disabled by Social Security. In the end, the decision of whether or not to apply for Social Security disability benefits should not be based upon whether or not the person feels that Social Security will find them disabled.

Our Social Security attorneys can make predictions about who will win and who will lose, so contact us if you want to find out whether you qualify or not. If you think you may have a Social Security Disability claim anywhere in Louisiana, Ohio or Florida, please contact one of our offices to arrange a free case evaluation. We’ll ask you some questions to determine if we think you may be eligible. Since there is no charge, it can’t hurt to find out more by visiting or calling our office today. [return to top]

How far back will they pay benefits if I am found disabled?
For Disability Insurance Benefits, Disabled Widow's and Widower's Benefits, and disabled adult child benefits, the benefits cannot begin until five months have passed after the person becomes disabled. In addition, benefits cannot be paid more than one year prior to the date of the claim. SSI benefits cannot be paid prior to the start of the month following the date of the claim.

So, it is crucial that you contact our social security disability attorneys as soon as you find out about your disability. [return to top]

Do you have to be permanently disabled to get Social Security disability benefits?
No. You have to have been disabled for at least a year or be expected to be disabled for at least a year or have a condition that can be expected to result in imminent death. [return to top]

If I am approved for Social Security disability benefits, how much will I get?
Disability insurance benefits are in direct relationship with how much you have worked and earned in the past. For disabled widow's or widower's benefits, it depends upon how much the late husband or wife worked and earned. For disabled adult child benefits, it depends upon how much the parent worked and earned. For all types of SSI benefits, there is a base amount that an individual with no other income receives. Other income or resources that an individual has may reduce the amount of SSI which an individual can receive.

Email us or call us and our Social Security Disability Lawyers can help you determine how much you can expect. [return to top]

Do I really have to hire a lawyer to represent me in my Social Security disability claim?
No. You can go through all of the levels of review on your own, if you wish, but statistically claimants who are represented by an attorney win a good deal more often than those who are not represented. An experienced Social Security Disability Lawyer knows all the ins and outs of the appeal process. We even take our clients' cases to the Federal Court if necessary to get them what they deserve. [return to top]

What do I need do if Social Security has denied my claim for Social Security disability benefits?
First, don’t be surprised. Only about 40% of Social Security disability claims are approved at the initial level. If you are denied at the initial level, unless you have already returned to work or expect to return to work in the near future, you should contact our Social Security Disability attorneys immediately. We do every thing in our power to get you the benefits as quickly as possible. [return to top]

How do my Social Security attorneys get paid?
We don’t charge you anything unless you win. To learn more click here.

Can alcoholics and drug addicts get Social Security disability benefits?
In most cases not anymore. There never were all that many people getting Social Security disability benefits on account of alcoholism or drug addiction, but Congress has now prohibited Social Security from paying disability benefits on the basis of alcoholism or drug addiction. However, alcoholics and drug addicts have heart attacks, get cancer or get sick in other ways just like everyone else. Alcoholics and drug addicts who become disabled apart from their alcoholism or drug addiction can become eligible for Social Security disability benefits. [return to top]

I am disabled, but I have never worked at public work. Can I get Social Security disability benefits?
If you are poor and disabled, you can qualify for Supplemental Security Income (SSI), even if you have never worked in the past. It is also possible to qualify for Disabled Adult Child Benefits on the account of a parent if you became disabled before age 22 or for disabled widow's or widower's benefits on the account of a late husband or wife. [return to top]

I have a child who has been disabled since birth and has never been able to work. Can my child get disability benefits from Social Security?
Very likely. If the child is under 18 and you are poor, the child may be able to qualify for SSI child's disability benefits. If the child is over 18, he/she may be able to qualify for SSI disability benefits without regard to the income of her parents. If the father or mother is drawing Social Security benefits of some type or is deceased, the child may be eligible for disabled adult child benefits. [return to top]

My doctor says I am disabled so why is Social Security denying my Social Security disability claim?
Social Security's position is that it is not up to your doctor to determine whether or not you are disabled. They base their decision on objective medical evidence and test results. Your doctor's opinion is important.

Barkan Neff Handelman Meizlish, our Social Security Disability attorneys have spent years in fighting for the rights of injured and disabled people. We know how the system works and fight hard and know what evidence to obtain to help win your case. [return to top]

If Social Security tries to cut off my disability benefits, what can I do?
You should contact our Social Security Disability attorneys immediately. If we appeal within 10 days after you’ve been notified that your disability benefits are being ceased, you can ask that your disability benefits continue while you appeal the decision cutting off your benefits. [return to top]

I am disabled because of mental illness. Can my mental illness be the basis for a Social Security disability claim?
Yes. Mental illness is a strong basis for awarding Social Security disability benefits. [return to top]

How long does it take before Social Security makes a decision once we file a claim for Social Security disability benefits?
In most cases Social Security makes the first decision within four months. However 60% of the time, the first claim is denied. Then we file for an appeal, and so on. The whole process may take a while, but if we win the case, you can get back benefits. [return to top]

I am disabled. I need help with medical bills even more than I need a cash income. How do I get help with medical bills?
Getting help with medical bills is usually tied up with getting cash benefits; that is, you don't start getting Medicare or Medicaid until after you start getting the cash benefits, so you have to keep going with the Social Security disability claim in order to get the help with medical bills. [return to top]

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