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". The disability may be, but does not have to be permanent.

Disability Insurance Benefits (SSDI) - You are eligible for these benefits if you have paid a certain amount of Social Security (FICA) tax over a period of time, enough to have disability coverage in force. In general, you also must have worked and paid Social Security tax for about five out of the last ten years before you became disabled. There is a different, easier rule for people whose disability began before age 30. If your claim is approved, the monthly payment you will receive is set by your earnings (and Social Security tax payments) during your working career. The rate can be found by reviewing the annual earnings statement mailed by the Social Security Administration. There is no minimum rate, and the maximum a person can receive at this time is slightly over $2000.00 per month. There is a cost-of-living raise in the monthly payment at the start of most years (2.3% increase for 2008). In most cases, your children (age 18 or under) will also get benefits in addition to your own.

Supplemental Security Income (SSI) - SSI can be paid when a person has not paid enough Social Security tax to get disability insurance benefits or to people who's disability insurance rate is very low. You must be disabled under the same rules as for SSDI, or be blind, or be over 65. You must also have very little income or property, (non exempt assets must be below $2000.00.) because this benefit is based on financial need. Social Security looks at all other income and property in the household you live in, not just your own, and also the value of any support (like free room and board) you may get from others, to determine whether you are financially eligible for SSI. The current maximum rate in Rhode Island for 2008 is $694.35 per month. Also, some children 18 or younger with a severe disability can get a monthly SSI benefit if their family income is low enough.

Disability Widow/Widower Benefits (DWB) - This is a disability benefit for certain widows and widowers, based on the Social Security tax paid by his or her deceased spouse. In order to qualify, you must be between the ages of 50 and 60, have become disabled within a fix number of years after the spouses death 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. If you are awarded DWB benefits, your monthly rate is determined by your spouse's income and Social Security tax payments. However, surviving spouse's pension can usually be paid at the age of 60, regardless of any disability.

Disabled Adult Child Benefits (CDB) - In order to be eligible, you must be a child of a person already receiving Disability Insurance Benefits or Retirement Benefits, or who died while covered for Social Security. You must be at least 18 years old, and must prove total disability began before the month you turned age 22, and is continuing. The monthly benefit rate is based on a percentage of your parent's rate.

A. No. There are several ways to apply for a Social Security disability claim. The first is simply to go the Social Security District Office and file the claim in person. A claims representative will assist you. The second way is to call Social Security at 1-800-772-1213 and they will arrange a telephone interview for you with your local office and all necessary forms will be mailed to you. The entire process can be completed without having to go in person to the Social Security office. Applications can also be filed partially online per instructions on the Social Security web site: www.ssa.gov.

A. Yes: The vast majority of initial claims are denied. Almost 9 out of 10 claims denied on initial review are then also denied at the second stage, Reconsideration. Effective August 1, 2006, for claims filed after that date, appeals go to the Federal Reviewing Official as a replacement for the Reconsideration level appeal. The Federal Reviewing Offical trial program is however being eliminated as of March 15, 2008 and reconsideration appeals after that date will return to the state diability determination processing unit. Through the appeal process , however, and particularly with legal representation at the third level, (Administrative Law Judge Hearing), most appealed claims are ultimately approved. Don't Give Up!

A. No, but is recommended. The process can be confusing, intimidating and frustrating, and involves precise legal definitions plus decisions on whether you must attend consultative examinations. Any claimant can represent himself in all phases of the Social Security disability process. However, claimants with experienced representation win their cases more often than those who are not represented.

A. The earlier in the claim process you hire a representative, the better. You can retain an attorney before you begin the claims process. Representation can help you with the initial filing and ensure important information is correctly provided at the beginning of the claim and throughout the entire claim process. You do not have to wait to be denied before you hire a lawyer.

A. Cases are generally handled on a contingency basis. That means the representative receives a fee only if you win your case. Normally the fee is 25% of your back benefits and must be approved by Social Security. If you do not win your case there is no fee. There are also occasionally costs in each case for which you will be responsible. You therefore can find experienced legal help even if you have no money at this time.

A. Yes, as long as you have been disabled for at least one year or expect to be disabled for one year. So, if you expect to be out of work for one year or more due to illness or injury, you should file for Social Security disability benefits. Most claimants do retain the hope of someday getting back to work.

A. Yes. Part-time work, defined as gross earnings less than $940.00 per month for 2008, can be disregarded. In the event of medical improvement unlimited earnings for up to nine months are also allowed while benefits continue under a Trial Work Period. (Earnings over $670.00 per month) SSI has different rules but also allows part-time work up to certain limits.

A. You do not have to wait until the Worker's Compensation ends and you should not wait that long. An individual can file a claim for Social Security disability benefits while receiving Worker's Compensation, and in many cases, can receive payments under both programs.

A. Social Security is required to consider the combination of impairments that an individual suffers in determining disability. Many, perhaps most claimants for Social Security disability benefits have more than one health problem and the combination of all of the health problems must be considered.

A. Social Security's position is that it is not up to your doctor to determine whether or not you are disabled. It is up to them and they will make their own decision with what your doctor thinks as being only part of the evidence.

A. For disability insurance benefits, it all depends upon how much you have worked and earned in the past. The average workers rate is between $700.00 to $900.00 per month. For disabled widow's or widower's benefits, it depends upon how much the late husband or wife worked and earned. For disabled adult child benefits, it all depends upon how much the parent worked and earned. For all types of SSI benefits, there is a base amount (currently $694.35 in Rhode Island) that an individual with no other income receives. Other income that an individual has reduces the amount of SSI that an individual can receive.

A. For Disability Benefits and for Disabled Widow's and Widower's Benefits, after a five month waiting period, the cash benefit begins on the sixth month after the person becomes disabled. Also, benefits cannot be paid more than one year prior to the date of the complete application. Childhood Disability benefits begin as of the onset date, but benefits cannot be paid more than six months prior to the date of the application. SSI benefits begin at the start of the month following the date of the application.

disabled people who get Medicaid (Medical Assistance) get it because they are on Supplemental Security Income (SSI). To get SSI and thereby get Medicaid you have to be poor and disabled. Medicaid does pay for limited prescription medication. Medicaid eligibility can be retroactive up to three months prior to the date of a Medicaid claim.

For Medicare it does not matter whether you are rich or poor. If you have been on Disability Insurance Benefits, Disabled Widow's or Widower's Benefit or Disabled Adult Child Benefit for 24 months you qualify for Medicare. Medicare will pay doctors at a higher rate than Medicaid. Almost all doctors will accept Medicare patients, whereas most private doctors will NOT accept Medicaid patients. The bad things about Medicare are that it does not begin until after a person has been on disability benefits for two years. Part A of Medicare is free, but Part B has a monthly premium of $96.40 and can be slightly more for persons with higher income. Part D also has a monthly premium, which is for prescription coverage.

A. If you believe you are still disabled, you should appeal immediately. If you appeal within 10 days after being notified that your disability benefits are being ceased, you can ask that your disability benefits and medical benefits continue while you appeal the decision cutting off your benefits. You may also want to talk with an attorney about representation on your case, but you should file the appeal immediately.

A. No. Not in many cases. Consultative examinations are only supposed to occur when your own physician does not provided sufficient information concerning the impairment for which they treat you. Your attorney can best advise you as to circumstances under which you properly can decline to attend a consultative examination.

A. No. If this is your only disability, benefits will not be approved. If the person has other independent disabling impairments, then benefits can be paid due to those medical problems despite the presence of drug or alcohol issues. Payees may be required however.