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Disability Law: Filing for Social Security Disability Benefits

Introduction

The onset of a disability can drastically affect an individual's ability to continue working. The federal government established the Social Security system partially to assist disabled persons who are unable to work because of a disability lasting twelve months or more. The Social Security Administration (SSA) is the government agency assigned to assist individuals in applying for disability benefits and make determinations of whether an individual qualifies to receive benefits. Anyone who is disabled must complete a number of forms supplied by the SSA and provide medical evidence of the disability in order to receive benefits. It may be helpful to obtain the assistance of an attorney experienced in disability issues to advise a person on his or her rights, and of the proper procedures.

Initial Application

An application must be filed for any person to become entitled to disability benefits from the SSA. The application is made on a form prescribed by the SSA, and should be completed and signed, and then filed at a Social Security office in the state. The individual will most likely be asked to complete a Work History Report and an Activities of Daily Living Questionnaire.

The Work History Report is used to assist the SSA in understanding how the disability affects any work the disabled individual is qualified to do. The Report asks the disabled person to provide information about the kind of work that he or she has performed in the past, including the types of skills needed and the physical and mental requirements of each job.

The Activities of Daily Living Questionnaire asks questions regarding the individual's day-to-day activities and the person's abilities to engage in such activities. The Questionnaire asks detailed questions about one's ability to groom him or herself, complete chores around the house, and engage in hobbies, and asks the person to compare the ability to perform these activities before and after the disability began. It also asks for information regarding the need for other people to assist the disabled individual in the activities.

In addition to the Application, Work History Report, and Activities of Daily Living Questionnaire, the individual will be required to provide the names and addresses of doctors and medical treatment facilities and dates of treatment, and may be required to sign a release form to enable the SSA to obtain medical records from the disabled person's physician. If the individual requires assistance in completing the forms, any Social Security office will provide assistance free of charge. As noted above, the individual may wish to consult with an attorney to determine whether he or she is likely to qualify for benefits, and what steps the person may take to ensure that the evidence will be presented properly in order to convince the SSA that he or she truly is too disabled to perform substantial work.

Conclusion

Applying for disability benefits is not a particularly difficult process. It is simply a matter of filling out the correct applications, and providing access to your medical records. In return, you may be eligible for benefits retroactively, and you will be entitled to benefits until your impairment improves enough to allow you to work once again. An experienced government benefits attorney can help you cut through any red tape standing between you and the receipt of disability benefits.

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