Q: How do I apply for Social Security Disability?

A: Go to your local Social Security office. In northern Minnesota and Northwestern Wisconsin, there are offices in Duluth, Minnesota, Superior, Wisconsin, and Hibbing, Minnesota. Tell them you want to apply for Social Security Disability. The office personnel from the Social Security office will assist you in completing the appropriate forms and authorizations.

Q: What do I put on my application for disability?

A: You want to tell the Social Security Administration, on your application, all of the conditions, physical and mental, that prevent you from working. For many people, this is simply one condition (for example a back injury). But for many other people, there are multiple conditions, which individually may not be disabling, but which in combination are disabling. Further, sometimes after a work-ending disability, people develop situational depression. Likewise, for people who simply have one disabling condition, they may have other conditions, that were previously non-disabling, but now impact their ability to work, such as high blood pressure, or diabetes, or obesity. So everything and anything should be listed as a potential disabling condition.

Q: What else will Social Security want to know?

A: Social Security will want to know about all of the medical facilities where you have treated (doctors, hospitals, chiropractors, therapists, counselors, etc.). They will want you to sign authorizations so that they can obtain the appropriate medical information. Sometimes Social Security sends you to a doctor of their own choosing to be examined. You should fully cooperate at such an exam. Many times people are found disabled shortly after those exams.

Q: What if they turn me down?

A: Generally there is 60 days to appeal. Do not let the 60 days lapse. You should appeal right away. If there are questions about how to appeal, contact either the local Social Security office, or an attorney who practices in the area of Social Security Disability.

Q: How much money will I get?

A: There are two types of Social Security Disability programs. One program, Disability Insurance Benefits (DIB) depends upon how much money you paid to the Social Security system through Social Security taxes coming out of your paycheck. So the amount of money you receive depends upon how much you paid in Social Security taxes.

The other type of program, Supplemental Security Income (SSI) is the same amount for all people. Each year there is a cost of living increase for SSI.

Q: What is the difference between DIB and SSI?

A: Again, you can qualify for DIB if you've paid a sufficient amount of Social Security taxes through your previous employment.

For SSI, you qualify if you have very limited income, assets, and resources. Certain things, such as your house or your car are not counted towards those income, assets, and resources. If your spouse works, however, your spouse's income will count against that. If you think you may meet the financial qualifications for SSI, then you should apply for both DIB and SSI.

Q: Do I have to apply separately for each type of program?

A: Yes. A DIB application is generally not the same as an SSI application, and an SSI application is generally not the same as a DIB application. The questions are very similar. But you should fill out a separate application for each type of program. The standard for disability is the same for both programs.

Q: How much does hiring an attorney cost me?

A: Attorneys are paid in Social Security Disability cases according to law. Social Security law provides that attorneys are paid 25% of all past due benefits (that is benefits from the commencement of the disability until the favorable outcome), subject to a maximum fee of $5,300.00. Attorney fees also have to be approved by the Social Security Administration, typically a Social Security judge. Therefore, attorneys do not get paid until they have a successful outcome for their clients and until a judge approves the fee.

Q: When should I contact an attorney?

A: Generally people do not need attorneys until they have been denied on their initial application or on a reconsideration application. However, you should feel free to call an attorney at any time. We will be happy to answer any of your questions at that time. We would be better able to advise you as to whether you did or did not need an attorney at that time.