Frequently Asked Questions About Social Security

We are Illinois attorneys that provide independent lawyer referrals. If you would like our help please contact us. We also, for free, answer general questions. The following are common questions we receive from people who are looking for social security law firms in Illinois.

What kind of disability benefits are there?
There are several kinds of disability benefits for which a person can be eligible: Disability Insurance Benefits (SSDI), Supplemental Security Income (SSI), Disabled Widow/Widower Benefits (DWB), and Disabled Adult Child Benefits (DAC).

In order to be eligible for SSDI, you must have worked and paid Social Security tax and have a medical condition that is expected to last at least one year or result in death.

In order to be eligible for SSI, you must be disabled under the same rules as for disability insurance, be blind, or be over 65. You must also have very little income or property because this benefit is based on financial need.

In order to be eligible for DWB, you must be between the ages of 50 and 60, and have been married for at least 10 years to the person who was covered under Social Security at the time of his or her death. Also, you must have proof that your disability was severe enough to meet these rules within seven years of your spouse's death, with some exceptions for those already receiving other kinds of Social Security Benefits.

In order to be eligible for DAC, you must be a child of a person already receiving Disability Insurance Benefits or Retirement Benefits, or who died while covered by Social Security. You must be at least 19 years old, and you must prove your total disability began before the month you turned age 22, and is continuing.

How much can I expect to get in benefits?
The amount of benefits to which you are entitled under any Social Security program is not related to financial need (except for Supplemental Security Income), but is based on the income you have earned through years of working, through jobs and self-employment. Social Security keeps a record of these earnings over your working lifetime and pays benefits based on the average amount earned.

How are my social security benefits calculated?
Your social security benefit is based on several things: how much time you spent in the workforce, how much money you made, and your age when you start receiving benefits. The longer you have spent in the workforce, and the more money you make, the higher your Social Security benefit will be.

How do I apply for SSD or SSI benefits?
To apply for social security disability benefits or SSI benefits based on disability, simply contact your local Social Security Office and state that you wish to file an application. You also may apply for these benefits online at ssa.gov.

How is the decision made for my SSD or SSI disability claim?
A number of things guide decisions on Social Security Disability Insurance benefits and SSI benefit claims, but, ultimately, the approvals & denials made by the Social Security Administration are supposed to be based solely on medical evidence. That of course doesn’t always happen.

How much can I earn and still receive disability benefits?
After you start receiving disability benefits, you may want to try working again. There are special rules, called “work incentives” or “employment support” programs, which help you keep your cash benefits while you test your ability to work.

After your trial work period, you have 36 months during which you can work and still receive benefits for any month your earnings are not “substantial.” In 2010, earnings of $1000 or more ($1,640 if you are blind) are considered substantial.

I have children. Can I get down benefits for them too?
Yes. If you are receiving disability insurance benefits, any children under the age of 18 or any children in high school and under the age of 22 are entitled to a benefit amount equal to half of your disability benefit amount.

If your child is over the age of 18, unmarried and not in school, he or she may receive disability insurance benefits based on your earnings record if he or she has a disability that began before the age of 22.

Even if you do not personally qualify for any benefits, your child may qualify to receive Supplemental Security Income if he or she is under age 18 and disabled and you meet the income and asset requirements for Supplemental Security Income.

Can I apply for social security benefits online?
Yes. You can now apply for Social Security Retirement benefits, Spouse's benefits or Disability benefits online by going to http://www.ssa.gov/applyforbenefits/ and following the instructions.

What will an Illinois social security lawyer do for me?
An Illinois social security lawyer will help you determine what benefits you are eligible for and whether you are likely to be considered "disabled" under Social Security rules and regulations. An attorney will help you put together the paper work that is required by the Social Security Administration quickly and correctly.

If you have any questions about social security or would like a referral to a qualified and experienced social security attorney, please contact us.