• Practice Areas
• Social Security Disability Law
• Social Security Disability Eligibility
• FICA Withholding
• Social Security Disability Insurance (SSDI)
• Supplemental Security Income (SSI)
• Filing For Social Security Disability Benefits
• FAQS: Social Security Disability
• Disabling Diseases
• Social Security Disability Glossary of Terms

Social Security Disability FAQS

Matthew Stewart, attorney at the law firm of Bailey & Galyen, located in Dallas, Texas, answers frequently asked questions about Social Security Disability benefit applications, claims, appeals and related income taxes.

What is Social Security Disability Insurance?

Employees, their employers and those who are self-employed pay for Social Security Disability insurance as part of their payroll Social Security taxes. Based on work history, workers qualify for disability benefits. The amount you receive in benefits is calculated based on your earnings.

According to the Social Security Administration, what is a disability?

The Social Security Administration (SSA) defines a disability as a physical or mental impairment, which is severe enough to prevent you from working and earning above a set amount per month for 12 months or results in death.

How do I apply for Social Security Disability?

You may use one of three methods to file an application for Social Security Disability (SSD).

• Internet - file online at ssa.gov
• Call your local Social Security office to arrange an appointment to apply.
• Walk into a Social Security office without an appointment to apply.

When am I eligible to apply for Social Security Disability?

There is no waiting period before you file for disability. You are eligible to file an application for SSD the day after you stop working. If you are still working and considering filing for disability, it is best to contact an attorney to discuss how to proceed.

Will I need a doctor to verify my disability?

Yes. Your doctor must provide evidence to support your claim that you are disabled. Clinical findings and laboratory reports must support your doctor’s opinion.

What should I do if my application is denied?

A majority of claims are denied early on by Social Security. You will generally be given 60 days to appeal a denial from Social Security. Contact attorney, Matthew Stewart at Bailey & Galyen for help with an appeal.

If I am notifed that I will receive SSD benefits, when will I receive my money?

Social Security Disability benefits will not begin until after a five full calendar months (''waiting period'') from the onset of the disability.

Will I have to pay income tax, if I receive Social Security Disability benefits?

Up to 50% of Social Security benefits are taxable if total ''provisional income'' (adjusted gross income, tax-exempt interest and one half of Social Security benefits) exceeds a base amount: $25,000 for single taxpayers and $32,000 for married taxpayers who file jointly. If your taxable income is over $34,000, you will have a higher tax rate.

When you receive SSD benefits, the Social Security Administration will send you a SSA-1099 by February 1 of the following year. The 1099 will specify how much of the Social Security benefit received in your SSD lump sum was really a payment for some prior year or years. The 1099 will also list the attorney fee. Often SSA-1099 forms are inaccurate. When you receive your SSA-1099, it is important for you to use your benefit award notices to double check the 1099.

Do I need a lawyer to get the Social Security Disability benefits?

Although a lawyer is not necessary to file a Social Security Disability application, we suggest you contact an attorney before your initial application is filed. People who hire an attorney are more more successful on appeal than those unrepresented.

When an appeal for Social Security Disability claim is denied, there is a very high likelihood the case will reach the hearing before an administrative law judge before it will be approved. When you have a hearing before an administrative or an appeals council, a lawyer is highly desirable to achieve the best results.

Is the attorney fee for my Social Security Disability appeal tax deductible?

Social Security Disability (SSD) benefits are generally paid in a lump sum. If you discover that your SSD benefits, when added to regular Social Security income benefits received in the same year is taxable, your attorney fee may be deducted from income, but only to the same extent that Social Security is taxed.

When you need help with a Social Security appeal, call Bailey & Galyen at 866-380-3369 to arrange an appointment with attorney, Matthew Stewart.