frequently asked questions

Social security disability / ssi

1.  Who is eligible for Social Security disability and SSI benefits?

Adults who suffer from illnesses or injuries who are unable to work a full-time job.  Children who suffer from illnesses and injuries who are unable to do things that other children their age can do.

2.  What does the Social Security Administration look at to determine whether a person is disabled?

In cases involving adults, the Social Security Administration looks at medical records, statements from physicians, statements from the applicant, and statements from the applicant's family and friends.  In cases involving children, the Social Security Administration looks at medical records, statements from teachers, statements from family members, and school records.

3.  What happens after a claim is filed?

In Alabama, the claim is sent to the Disability Determination agency.  An employee within the agency and a doctor will review your claim and issue a decision.  If your claim is denied, you can file an appeal and request a hearing before an administrative law judge.  At the hearing, the administrative law judge will listen to your testimony and review medical records.  The administrative law judge will then issue a decision on your claim.  

4.  How far back will the benefits go?

On SSI claims, a disabled person can be paid back to their application date.  In cases involving Social Security Disability Insurance Benefits, a disabled person's back benefits will begin five months after the date that they became disabled.  But, Social Security Disability Insurance Benefits cannot be paid more than a year prior to the application date.

5.  How does the Social Security Administration determine the benefit amount?

SSI benefits are based on financial resources.  So, the monthly benefit may be decreased by any money or assistance received.  Social Security Disability Insurance Benefits are based upon the amount that the disabled person earned prior to becoming disabled.  Social Security Disability Insurance Benefits are not reduced by assistance received.

Veterans' compensation

1.  Who is eligible for veterans' compensation?

A veteran may be eligible for veterans' compensation if he can show the following three requirements:  1.  a current diagnosis of an impairment or injury, 2.  an event or occurrence during military service, and 3. a connection between the current diagnosis and the event or occurrence.  In some instances, the VA has conceded that a connection exists.  For example, the VA recognizes that Agent Orange can cause diabetes.  So, a veteran who suffers from diabetes and was exposed to Agent Orange during service must only prove these facts.  He does not have to prove a connection.

2.  Is there a minimum length of time in the military that a veteran must serve before he becomes eligible?  Does a veteran need to serve in war?  

No.  There is no minimum service requirement and a veteran does not need to have served during wartime.

2.  Can a veteran work and receive veterans' compensation?

Yes.  A veteran can receive veterans' compensation and work.

3.  Can a person receive Social Security Disability benefits and veterans' compensation?

Yes.  There is no offset between Social Security Disability benefits and veterans' compensation.

4.  How does the VA determine the benefit amount?

Once the VA finds that an impairment is related to military service, the VA will then rate the impairment based upon the severity of the condition  The benefit amount is based upon the severity of the condition.

5.  How far back are benefits paid?

 Benefits are typically paid back to the application date.  But, in some circumstances, benefits may be paid one year prior to the application date.