Social Security Disability Benefits
Attorney Cheryl F. Coon
My Philosophy
- I only take cases that I believe have merit, and I fight hard for your benefits.
- My staff and I treat our clients with respect.
- My clients deserve the best representation possible. That means that I speak with your doctor, obtain written opinions from your medical providers, and write briefs to the judge to help tell your story.
- My goal is to win your case as early as possible in the process, but when that isn't possible, we will work together to develop a record of your disability that will be persuasive - even if we have to fight all the way to federal court.
THE FOLLOWING MATERIAL IS GENERAL INFORMATION ABOUT THE SOCIAL SECURITY SYSTEM. FOR ANSWERS TO YOUR QUESTIONS ABOUT YOUR SITUATION, PLEASE CALL Swanson, Thomas, Coon & Newton AT (503) 228-5222
A SOCIAL SECURITY PRIMER FOR CLAIMANTS
- What is the Social Security Program?
- The disability section of the Social Security Program
- Social Security's statutory definition of disability
- Tips to win your Social Security case
What is the Social Security Disability Program?
The Social Security Program is the most important financial protection plan and social safety net in the United States. The original Social Security Act (1935) and the current version of the Act include several social welfare and social insurance programs. The larger and better known programs are:
- Federal Old-Age (Retirement), Survivors, and Disability Insurance
- Unemployment benefits
- Temporary Assistance for Needy Families
- Health Insurance for Aged and Disabled (Medicare)
- Grants to States for Medical Assistance Programs (Medicaid)
- State Children's Health Insurance Program (SCHIP)
- Supplemental Security Income (SSI)
Any time that a person's income is affected by significant events such as retirement, disability or death, Social Security may pay benefits.
The disability section of Social Security:
The Social Security and Supplemental Security Income disability programs are the largest of several Federal programs that provide assistance to people with disabilities. While these two programs are different in many ways, both are administered by the Social Security Administration and only individuals who have a disability and meet medical criteria may qualify for benefits under either program.
1. Title II, Social Security Disability Insurance (SSD). This program is for people who have a consistent work history, and works like a long-term disability insurance plan. The disabled worker receives benefits because he or she has paid contributions in the form of Social Security taxes on wages earned. This money comes from the FICA deduction taken from your paycheck.
2. Title XVI, Supplemental Security Income (SSI). This program is for people without a consistent work history or for those who have not paid enough Social Security taxes to get Social Security Disability Insurance. You can receive SSI if you are disabled or over 65 and you have very little income or property.
Social Security's definition of disability:
You are disabled under the Social Security law if:
- You cannot do "substantial gainful activity" (which means you cannot work);
- Your disability is because of a "medically determinable physical or mental impairment"; AND
- Your impairment has lasted or can be expected to last for 12 months or is expected to cause your death.
Our office, Swanson, Thomas, Coon & Newton, takes calls from claimants at any stage and answers questions they may have concerning the process, whether we represent them or not.
Twelve tips to win your Social Security disability case!
- Submit a detailed application that includes all the doctors, hospitals, and clinics you've seen for your injury or illness.
- In your application, list ALL of your medical conditions, not just the one that is the worst. SSA will look at all of your conditions together and how they affect you. A medical condition that you leave out might limit you from work in a manner that you did not think of.
- Fill out the forms honestly and completely. Don't exaggerate how limited you are or your level of pain — judges have heard it all before and it hurts your credibility. Remember that what you say on these forms will be reviewed later for inconsistency with your subsequent statements or testimony.
- Pay close attention to appeal deadlines. Do not miss them.
- If you work part-time while you are waiting for a decision, be careful about how much you earn and the tasks that you perform. A judge may decide that if you can do it part-time, you can do it full-time.
- Keep a detailed journal of your pain and your limitations as a result of your impairments, on a daily basis. You should include in your journal all the things that you cannot do now because of your disability. You should also include the time and date of incidents/occurrences linked to your disability, for example, the occurrence of seizures, headaches or episodes of other weakening bodily pain. You should note how long the events last and make sure to state what circumstances trigger your pain and if any medications you have been prescribed helps. Also, list the medicines that you have taken and mention whether they have caused any side effects.
- Ask your spouse, partner or children to also contribute to your journal; they may notice things that you miss.
- Keep seeing your doctor on a regular basis. This is critical; failure to seek medical treatment may be used as a basis for denial.
- Follow your doctor's recommendations; failure to follow them may be used as a basis for denial.
- If you drink excessive amounts of alcohol or use illegal drugs, this may be a basis for denial. If you have a problem with illegal drugs or with alcohol, stop now so that you can honestly report that you've been clean and sober for a period of time.
- Do not give up. Your case may be one of those that isn't won until a federal court appeal, but when it is won, you'll receive back benefits for all those years you've waited. If you give up and file a new application, those back benefits may be lost.
- Find a competent attorney to represent you once you've been denied at the initial stage. Hint: Good lawyers don't need to advertise on television or billboards. Ask your friends, neighbors, and physicians for a recommendation.
Our office, Swanson, Thomas, Coon & Newton, takes calls from claimants at any stage and answers questions they may have concerning the process, whether we represent them or not.
Social Security Disability Brochure
For a print version, download our Social Security Disability Brochure.
Swanson, Thomas, Coon & Newton, in partnership with the Immigrant and Refugee Community Organization (IRCO) has produced informational brochures about Social Security disability benefits in the following languages:
