Depending on the type of disability you have, whether it's a mental health condition or physical disability – you may not be able to work. Many medical treatments and prescription medications can cause severe side effects that make you unable to perform daily tasks, let alone bring in a paycheck.

     You may qualify for Social Security disability (SSD) benefits, but with the state of the economy and the high unemployment rate, the Social Security Administration is flooded with applications. The government denies over three-fourths of claims, even for people entitled to receive checks and medical coverage.

     If you're struggling with piles of medical bills due to a disability or medical condition, it's important to learn about the Social Security disability system. It could mean the difference between ultimately receiving SSD benefits or not.

Determining SSD Eligibility

 You may be eligible for SSD benefits if you can answer “yes” to the following questions:

  • Do you have a physical or mental condition that prevents you from working?
  • Do you have a disability that prohibits you from working in any capacity – not just in the job you held previously?
  • Has your disability lasted – or is expected to last – for at least one year? Or, is the disability life-threatening?
  • Do you have an earnings record that shows you have paid into the Social Security system within the past five years? If you have never held a job, you may be eligible for Supplemental Security Income benefits (SSI).

    Keep in mind – The Social Security Administration will review your medical records for an official diagnosis and information on your treatment plan. They also will evaluate your age, education, and work history. It’s critical that you attend medical appointments and follow through with your prescribed treatment plan. Failing to do so could hinder your chances of receiving SSD benefits.

Getting Started - Applying for SSD Benefits

     To get started, contact the Social Security Administration at 1-800-722-1213, visit www.ssa.gov  to file online, or make an appointment at a local Social Security District Office.

     The claims process can take 120 days or more. Those approved receive SSD benefits after their sixth full month of disability. If approved, your SSD payments are retroactive from the date you were evaluated as disabled. Money you receive is based on your average top earnings over the past 15 years of your work history. Note however, that your SSD medical benefits do not kick in until the 29th month from the date you’re considered disabled.

Denied Claims and Terminated Benefits - What to Expect

    If the Social Security Administration denied your application, don't panic. Remember, the government denies over three-quarters of claims. But you must act quickly. You have only 60 days to appeal. You can reapply after that time period, but the process starts all over again.

    If you appeal the decision, you'll go to a hearing, which can take anywhere from 12-18 months. Typically it takes a judge several months to issue a decision. If that doesn't work, you can move on to the Appeals Council. Lastly, you can pursue a case in Federal Court.

    While you can represent yourself at an appeal hearing, you may want to consider contacting an experienced attorney for legal advice. You will definitely need an attorney at the federal level.

     SSD and SSI are lifelong benefits, but sometimes the Social Security Administration will terminate your benefits if they believe you've earned too much money or your condition has improved. However, if your benefits are stopped, you can appeal within 60 days (10 days to continue receiving checks while the appeal is pending). If you don't win your appeal to reinstate your SSD benefits, but you continued receiving checks while the appeal was pending, you will have to pay back the money you received during that time period.

Increase Your Chances of Receiving SSD Benefits

    Applying for SSD benefits can be a long and complicated process. The odds are not on your side, but you can do several things to increase your chances of receiving SSD benefits.

     First, read everything you can about the Social Security disability system. Learning the nuances of the complex system can help you avoid pitfalls and answer a lot of common questions people have about SSD benefits.

     If the Social Security Administration denies your application the first time, be prepared. You have only 60 days to appeal.

     Lastly, know when to consult an experienced attorney. Doing so can be very beneficial – there's a lot of red tape. If you're thinking of hiring a lawyer to help you apply or handle your appeal, be sure to choose a law firm that has experience handling SSD claims, a track record of success, and a contingent fee policy so that you don't pay unless you receive benefits.

    Attorney Dennis Liotta, a partner at the law firm of Edgar Snyder & Associates, has over 20 years of experience and has helped people with physical and mental disabilities get the Social Security disability benefits they deserve.  For a comprehensive overview of SSD, with answers to commonly asked questions, download a free guide at:  http://www.edgarsnyder.com/ssd-guide .