FAQs for Our Social Security Disability Clients
David Allen and Associates can help at the application level or following an initial denial of social security disability benefits. If you have applied for social security supplemental income (SSI) we can if you’ve been denied. Unfortunately, we are not allowed by the Social Security Administration able to help you apply for SSI benefits, only if you applied then denied.
(Q.) I Forgot My Attorney's Name!
(A.) Just call or email us with your name and we can tell you!
(Q.) What is the difference between Supplemental Security Income (SSI) and Social Security Disability Insurance Benefits (SSDI)?
(A.) SSDI is a benefit for claimants who have worked most of their lifetime and earned at least forty (40) quarters in the system, or five of the last ten years before disabiltity.
(Q.) How long does it take to go to hearing?
(A.) From the time you request a hearing, it takes approximately six months (6) to nine (9) months to receive a telephone call from the a clerk at the Office of Hearings and Appeals (OHA) to set a hearing date.
(Q.) Do I have to appear at the hearing?
(A.) Yes. If you do not appear at the hearing, the judge can dismiss your case without further action.
(Q.) How long does it take to get a decision?
(A.) It takes approximately one (1) to three (3) months to get a decision from a judge. But, the judge has no time limit.
(Q.) How much will my monthly benefit be and how much will my retroactive back award be?
(A.) Depending on the type of claim (SSI or SSDI); on SSI, it depends on your total family income and assets, and on SSDI, it is calculated pursuant to your highest annual income in a given year. The Social Security Administrative has a certain formula that is use to figure this out.
(Q.) Will my minor child be able to receive SSI?
(A.) Yes, but you need to contact the Social Security Administration to apply for benefits for your child.
(Q.) Will I have to pay taxes on my benefits?
(A.) This will only apply to you if you have substantial income in addition to your Social Security Benefits.
For Instance:
If you file a federal tax return as an individual, and your combined income is between $25,000 and $34,000, you may have to pay taxes on fifty (50%) percent of your Social Security Benefits, and if your combined income is above $34,000, up to eighty-five (85%) percent;
If you file a joint return, you may have to pay taxes on fifty (50%) percent of your benefits if you and your spouse have a combined income that is between $32,000 and $44,000, and if your combined income is above $44,000, up to eight-five (85%) percent;
If you are married and file a separate return, you probably will pay taxes on your benefits.
(Q.) What if I Have a Different Question?
(A.) Just call or email us and we'll do our best to answer it!
This general advice is for anyone who may be disabled, whether you are considered physically challenged, handicapped or not. You may be suffering from any disease, illness, injury or combination of maladies which prevent you from doing your job or from performing substantial gainful employment. As examples, you may be suffering from angina, anxiety, bipolar disorder, cerebral palsy, chronic fatigue syndrome, Crohne's Disease, depression, diabetes, emphysema, fibromyalgia, Grave's Disease, hepatitis, HIV, high blood pressure, hypertension, incontinence, insulin dependence, lupus, mental impairment, obesity, heart palpitations, post-traumatic stress, psychosis, rheumatology, seizures, stress, surgical injury, trauma, or a worker's compensation injury, or any combination of injury or illness.