Frequently Asked Questions
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Q: How do I know if I am disabled?
A: Social Security defines disability as an inability to remain gainfully employed due to physical or mental impairments expected to last at least 12 months. If you can not sustain employment because of your impairments, Social Security should find you disabled.
Proving disability is extremely complex. Social Security has hundreds of pages of rules and regulations which it uses in determining disability. A legal hearing, similar to a trial, is often required.
Q: Should I hire and attorney?
A: For most people legal representation is a good idea. Just because Social Security denies your claim does not mean you are able to work. You probably have many years of monetary and medical benefits at stake. You should not risk losing these benefits by trying to represent yourself.
Q: I am disabled and not working. How can I afford an attorney?
A: Attorney's fees in most cases are 25% of past-due benefits, or $5,300.00, whichever is less. The attorney must win your case to be paid. Otherwise there are no fees for representation. Social Security will withhold attorney fees from your past due benefits to pay your attorney.
Q: What if I have not worked enough to qualify for disability benefits?
A: Supplemental Security Income (SSI) is a disability program for people who have not had the opportunity to work and earn enough quarters to qualify for Title II (SSD) disability benefits. Strict financial guidelines limit some disability people from qualifying for benefits.
In addition, other disability programs such as disabled adult children, and disabled widow's and widower's benefits may be available. Consult the Social Security website with the direct link provided below for more information on these programs.
Q: How do I apply for benefits?
A: You may apply on line using the Social Security website link below. You may also call 1-800-772-1213 and apply via phone, or go to your local Social Security office and apply in person. The Coeur d'Alene Social Security office is located at 623 E. Wallace Ave., Coeur d' Alene, Idaho.
Q: What should I do if my claim is denied?
A: You should call and attorney immediately. Generally you only have 60 days in which to file an appeal.
Q: What medical benefits are available if I am determined disabled?
A: For Title II (SSD) benefits, based upon the amounts that employers have withheld from your paycheck, or your self-employment tax, you will qualify for Medicare 29 months after you have been determined disabled. In Supplemental Security Income cases, you automatically qualify for Medicaid if you are determined to be disabled. However, you must make a separate application for Medicaid with the State of Idaho. This can be done at the local Health and Welfare Office.
