Q. How does Social Security define disability?
A. Social Security defines "disability" as the "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."

Q. What is the difference between SSI and Social Security Disability?
A. SSI stands for supplemental security income. It is a means tested "welfare" program that is available for persons who have limited income and resources and who meet the medical and vocational criteria for disability. Social Security Disability Insurance Benefits are payable based on the same medical and vocational criteria, to a person who has "paid in" to the Social Security system with enough work credits to be insured for this program. Sometimes, based on a person’s earnings record, they will be eligible for both programs.

Q. How much money will I get each month?
A. This is determined on a case-by-case basis based on your earnings record and, in the case of SSI, any other household income.

Q. What is a non-attorney representative?
A. Social Security law and regulations provide that you can be represented by an attorney or "a person who is capable of giving valuable help in connection with your claim" [20 C.F.R. 404.1705 b (2)]. These persons are referred to by Social Security as Non-Attorney Representatives. All representatives before SSA are responsible to follow the same Rules of Conduct and Standards of Responsibility found at 20 C.F.R. 404.1740. A Non-Attorney may appear at all levels of administrative appeal before the Social Security Administration.

As Non-Attorney representatives the advocates at MADAC continue their education in Social Security matters with ongoing educational seminars and are familiar with Social Security law, regulations and rulings.

Q. My doctor says I have a 10% impairment rating; do I get 10% of my Social Security?
A. Impairment ratings given by your doctor are very different from a disability determination by Social Security. A disability determination takes in to consideration your age, education, past work experience as well as your physical and mental impairments. In a Social Security determination, you are either found "disabled" or found "not disabled". There are no percentages of disability in the Social Security system. So although your doctor's opinion on your impairment is important evidence in your claim for Social Security, it does not mean the SSA will find you disabled.

Q. Is it hard to apply for Social Security disability benefits?
A. No. There are several ways to apply for a Social Security disability claim. The first is to go to your local Social Security District Office and file the claim in person. The second way is to call Social Security at 1-800-772-1213. They will arrange for a telephone interview for you. Once the interview is finished they will send necessary forms for you to fill out. All the basic information will have been collected during the phone interview. Lastly, you can also file a claim on the Internet using the www.ssa.gov website. All of the forms and information are available "on-line".

Q. How long do I need to wait to file for Social Security Disability or SSI Benefits?
A. You can file for Social Security disability and SSI benefits on the day that you become disabled if you believe that you will be out of work for one year or more. It is not necessary to wait. It is the opinion of the Mid-Atlantic Disability Advocates Consortium that it is best to hire a representative to help you as early in the process as possible.

Q. How do I find a qualified representative to help me with my Social Security disability claim?
A. You have come to the right website. The Mid-Atlantic Disability Advocates Consortium have experienced and qualified representatives to help you through the entire disability process. Additionally, The National Association of Disability Representatives www.nadr.org offers a referral service. You may call NADR at 1-800-747-6131.
As indicated above, both attorneys and non-attorneys practice in this field. We recommend you ask any potential representative about their experience in the Social Security field. How many Social Security cases do they handle annually? How many Social Security Hearings have they attended? What percentage of their business is Social Security? At the Mid-Atlantic Disability Advocates Consortium, Social Security is what we do! It is all we do. We would be happy to discuss with you our success rates and how we would plan to develop your case.

Q. How does the Mid-Atlantic Disability Advocates Consortium get paid?
A. We handle cases on a contingency basis. We only get paid if we win your case for you. The fee we charge is set by law at 25% of the back benefits up to a maximum fee of $5,300.00. The Social Security Administration must approve all fees in relation to a Social Security claim. Additionally, if we have advanced costs in the development of your claim, i.e., obtaining medical records, expert testimony et cetera, you will be responsible for reimbursing the Mid-Atlantic Disability Advocates Consortium the amount of those costs at the successful conclusion of your claim.

Q. If I am found disabled will I get "back pay"?
A. The answer depends on when you became disabled and when you filed for benefits. For Disability Insurance Benefits and for Disabled Widow's and Widower's Benefits, the benefits begin five months after the person becomes disabled. But, benefits cannot be paid more than one year prior to the date of the claim.
For a Disabled Adult Child benefits begin as of the onset date, but benefits cannot be paid more than six months prior to the date of the claim or twelve months if the person whose account is filed on qualifies for disability insurance benefits.

SSI benefits begin at the start of the month following the date of the claim.

Q. My claim has been denied by Social Security and I still can't work. What should I do?
A. Don't give up! You have a right to appeal your decision. Call the Mid-Atlantic Disability Advocates Consortium and ask for help with your appeal.

Q. How long does the whole process take?
A. Unfortunately it is a long process and time periods vary from area to area. Commissioner of Social Security JoAnn Barnhart in 2001 found that from initial contact to final decision at the Appeals Council level the average processing time was 1153 days. However, with proper preparation and presentation of evidence your claim can be won at any point in the process, thus shortening this time frame.

Q. Is there a difference between Medicare and Medicaid?
A. Yes. Medicaid is associated with SSI and Medicare is associated with Disability Insurance Benefits. Medicaid begins immediately upon receipt of SSI. Medicaid pays for prescription medications. Medicaid can be retroactive up to three months prior to the date of a Medicaid claim. Medicare begins after you have been entitled to Social Security disability benefits for two years. That includes Disability Insurance Benefits, Disabled Widows or Widowers Benefits or Disabled Adult Child Benefits.

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