Social Security Casework FAQ
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Social Security in General
Is there any place I can get a pretty good outline
of Social Security, its various programs, and the rules involved?
Is there a fast way to figure out whether I qualify for a particular
Social Security benefit?
Social Security Disability
Ive applied for disability and been turned
down. They say I can work, but I cant. What can I do?
It seems like it is really hard to qualify as “disabled.”
Why is that?
How is Supplemental Security Income (SSI) different from Social
Security Disability Insurance (SSDI)?
How do I know if I correctly applied for SSI or SSDI,
or perhaps made a mistake and applied for the wrong program?
I was turned down for disability years ago but I
still havent been able to work. Is there anything I can do?
Do I need an attorney or other representative and, if I do, how
am I supposed to afford one if I cant work?
My neighbor is on Social Security Disability, but I know he carries
on his own regular business on the side and makes a lot of money. What can I
do about this cheating?
Why is it taking so long to get disability?
Can anything be done to speed up action on the case?
What can I do in the meantime to survive, since I can't
work?
I know I could work if only I had a bit more training in a less
physically demanding job. Is there anything I can do to get additional training?
I'm getting tired of being turned down for disability and
I'm thinking of just giving up.
Social Security in General
Is there any place I can get a pretty good outline of Social
Security, its various programs, and the rules involved?
One of the best resources is the Social
Security Handbook, which you can find online.
Is there a fast way to figure out whether I qualify for
a particular Social Security benefit?
The Benefit Eligibility Screen Tool tests for eligibility for: Medicare,
Social Security Disability, Social Security Retirement, Social Security Survivors,
Special Veterans, and Supplemental Security Income. You can check your eligibility
online
in five or ten minutes for all of these programs.
Social Security Disability
I've applied for disability and been turned down.
They say I can work, but I can't. What can I do?
You can request a reconsideration of your case. Initial reviews of Social
Security Disability Insurance and Supplemental Security Income applications
are done by the North Dakota Department of Human Services Disability Determinations
Unit. Your request for reconsideration will be reviewed by the same agency,
but by a different person. If you are turned down again on reconsideration,
you have the right to appeal your case and request a hearing by an Administrative
Law Judge (ALJ) who works for the Office of Hearings and Appeals in the Social
Security Administration. This informal hearing allows you to explain your
disability in person to the ALJ, who will decide whether you meet Social Securitys
definition of disabled.
It seems like it is really hard to qualify as “disabled.”
Why is that?
You are only entitled to Social Security Disability benefits if you meet
the lawls complicated definition. Generally you must have a condition
that prevents you from engaging in any substantial income-earning employment
for a period of at least a year or a condition that prevents you from engaging
in any substantial income-earning employment and will result in your death.
Sometimes it is not clear whether a temporarily disabling condition will be
disabling for a full year. Sometimes claimants might be able to do some type
of substantial income-earning work, even if they cant do their usual
job. It may sometimes be unclear whether a certain medical condition makes
a person unable to work or simply hindered in working. It is only when a claimant
meets all the requirements that are established by law that the Social Security
Administration can make disability payments.
How is Supplemental Security Income (SSI) different from
Social Security Disability Insurance (SSDI)?
Social Security Disability Insurance (SSDI) is a program that is funded
by your payroll taxes; it works like a kind of disability insurance program.
If you have paid payroll taxes for the required numbers of quarters, you will
have insured status and you will be entitled to coverage under the program if
you meet the legal definition of disability. SSI is a program that does not
require insured status but you must still be disabled to qualify. SSI benefits
are more limited than SSDI benefits, normally, and they are not payable if an
applicant has other household income beyond a threshold amount.
How do I know if I correctly applied for SSI or SSDI, or
perhaps made a mistake and applied for the wrong program?
Ordinarily, if there is any question whether a claimant is eligible for one
of the programs, the Social Security office assisting with the application
will see that the application is made to both programs.
I was turned down for disability years ago but I still
havent been able to work. Is there anything I can do?
Even if you are past your appeal period from you earlier denial, you can
reapply. In many cases a condition that was not found to be disabling at first
might have grown worse over time and might be considered disabling now. Added
medical complications can make it more difficult for a person to work. Your
re-application will probably not entitle you to back payments to the date
you first felt you could not work, but it might get you covered. The longer
you wait to reapply without a history of work, however, the closer you come
to losing your insured status.
Do I need an attorney or other representative and, if I
do, how am I supposed to afford one if I cant work?
You do not need to have an attorney. However, an attorney may be able to
help your case considerably. An attorney may be able to help you get additional
medical evidence to support your case. He or she may be able to coordinate
vocational experts to present evidence on your ability or inability to do
certain types of work. He or she can probably present a more convincing legal
argument as to why you should be found disabled. Many attorneys take cases
on a contingency basis, meaning they take a percentage of back payments that
become available to you if you win your case. All attorney fees are subject
to approval by the Social Security Administration to minimize situations where
claimants might be overcharged for services. Social Security also allows designated
representatives to appear for a claimant even if they are not licensed as
attorneys. You may get help finding an attorney online through the State
Bar Association of North Dakota or by calling 1-800-932-8880.
You may also seek help through Legal
Services of North Dakota.
My neighbor is on Social Security Disability, but I know
he carries on his own regular business on the side and makes a lot of money.
What can I do about this cheating?
It may be cheating or it may not be. Disability recipients are allowed to
earn a limited amount each month without losing their eligibility for disability.
In some cases, people with disabilities recover and become able to work. Social
Security encourages this by giving people a trial work period that allows
them to see if they are able to handle regular employment. Your working neighbor
may be in a trial work period or may be earning money within the amount legally
allowed by Social Security law. There are also instances of Social Security
fraud, however. Fraud and abuse in the Social Security program can be reported
to the Social Security Administrations Office of Inspector General
at 1-800-269-0271. When you call, the Inspector Generals
staff will want to get solid facts from you that show fraud and abuse.
Why is it taking so long to get disability?
Several factors can come into play. First of all, Social Security Disability
has a five-month waiting period by law. Even if there is no question that
you are disabled, no benefits are payable for the first five months after
you become disabled. Also, there is a backlog in applications at each of the
levels at which they are reviewed and decided. On top of the backlog, disability
cases are often complex and require lengthy review. This can make consideration
of other peoples applications (the backlog), as well as your own, take
a lot of time. Finally, medical reports can take a long time to be obtained
from your doctor or hospital and they can take a long time to be reviewed
by a reviewing doctor. Often a disability case is delayed because the reviewing
agency is waiting for additional medical evidence to come from the claimants
physician. The higher up on the administrative decision ladder a case goes,
the longer it may take for a decision. Cases sent to the Appeals Council can
take much longer than a year. My office can check on the status of a Social
Security case that has taken longer than reasonably necessary.
Can anything be done to speed up action on the case?
Sometimes action can be expedited if there is a showing that a foreclosure
on a home or an eviction or a similar difficulty is imminent. You should contact
my office with that information and any documentation that will show the problem.
What can I do in the meantime to survive, since I cant
work?
Thats often the critical problem for disability applicants who feel
they cannot work, even if Social Security thinks they can. Many other public
assistance benefits distributed by the North Dakota Department of Human Services
require a finding of disability before they become available to some applicants.
Some of these benefits, like food stamps, may be available before a finding
of disability. You can contact
your county social service center to ask about and apply for public assistance
benefits. Charitable organizations and churches may be able to offer assistance
in some cases, too.
I know I could work if only I had a bit more training
in a less physically demanding job. Is there anything I can do to get additional
training?
You should contact your
local Disability Services Division office to see if it can offer you services
to provide the training you are seeking. Additionally, there may be student
financial aid available to you if you decide to pursue a course of higher
education on your own. Contact the financial
aid office at the educational institution you want to attend. Job
Service North Dakota may be helpful with training in some cases, too.
I'm getting tired of being turned down for disability
and I'm thinking of just giving up.
Dont give up! Even if you are entitled to disability, you can still
be turned down in the initial review process. It is a complex process and
it doesn't work properly unless you follow it through. Statistically,
more than half of claimants who appeal their case to a hearing before an Administrative
Law Judge receive benefits. Each one of these cases represents a situation
in which the claimant was turned down twice before benefits were allowed.
If you can't work, at least continue your case to the ALJ hearing level.
If you lose there, there are stages of appeal beyond that. There have been
efforts to consider reform of the disability application process in recent
years and efforts to make improvements in the system will continue. In the
meantime, it is important to work within the system that is in place.
Social Security Websites:
Social
Security Homepage
New
or Replacement Cards
Apply
for Disability Benefits Online
Apply
for Retirement Benefits Online
Calculate
your Benefits
Find
your Local Social Security Office
Download
Social Security Forms
Online
answers to your Social Security Questions
Other Social Security Related Links:
SSA
Employee Impersonation Scams
Centers
for Medicare and Medicaid Services
Congressional
Budget Offices Primer on Social Security
Congressional
Budget Office Publications on Social Security and Pensions
Disability
Benefits for Children with Disabilities
Disability
Information
Federal
Citizen Information Center, Senior Benefits Information
FirstGov
for Seniors Home Page
Presidents
Commission to Strengthen Social Security
Social
Security Advisory Board
Social
Security and Medicare Trustee Reports
Tax rules for Social Security
income (.pdf format)
|
National Toll-Free Number
TTY (7 a.m. to 7 p.m.) |
1-800-772-1213
1-800-325-0778 |
Social Security office numbers in North Dakota: |
| Bismarck
Local TTY calls |
701-250-4200
701-250-4620 |
Devils Lake |
701-662-6290 |
Dickinson |
701-225-9178 |
Fargo
Local TTY calls |
701-239-5607
701-239-5020 |
Grand Forks |
701-772-5518 |
Jamestown |
701-252-6024 |
Minot |
701-852-0604 |
Williston |
701-572-0682 |
Office of Hearings and Appeals in Fargo |
701-239-5311 |
Medicare Claims Information
|
1-800-247-2267 |
