1. Who can receive Social Security disability benefits? The following people may be eligible for Social Security disability benefits: workers who become disabled; the disabled widows and widowers of deceased workers; the disabled adult children of deceased, retired or disabled workers, and disabled adults and children who meet strict financial need requirements.

2. Who is considered disabled under the Social Security Act? To qualify for Social Security disability benefits, you must have severe health problems that prevent you from performing any of the jobs that you have held in the past fifteen years. In addition, your health problems must prevent you from performing any other job, taking into account your age, education, and work experience.

If you are under 50 years of age, you must prove you are unable to perform sedentary work on a sustained basis. Sedentary work requires no more than two hours of standing and walking per work shift, with occasional lifting of no more than ten pounds. Most Social Security disability applicants can perform such work on an occasional or sporadic basis. The key question is, can you perform such work eight hours per day, five days per week?

Qualifying for benefits may be a bit easier if you are 50 years of age or older. If you're 50 or older, Social Security first determines whether you can perform any of the jobs you've held in the last 15 years. If you can no longer perform such work, Social Security then determines whether you have skills transferable to lighter work. If you are 50 or older, cannot do your past work, and do not have skills transferable to lighter work, you can be found disabled even though you still have the ability to perform some types of unskilled work.

Social Security does not pay benefits for short periods of disability. In order for you to qualify for benefits, your disability must last or be expected to last at least twelve continuous months.

3. When should I apply for Social Security disability benefits? If you have to stop work because of a serious illness or injury and it looks like you may be unable to work for at least a year, you should apply for benefits right away. There is no advantage in delaying the application. You may lose past-due benefits by waiting.

4. How do I apply for Social Security disability benefits? You can file your application online by going to the Social Security web site, www.socialsecurity.gov. If you prefer not to use the internet, you can call the Social Security toll free number (800-772-1213) to get the process started. It usually takes about four months to get an initial decision on your application. Social Security denies two out of three applications at this point in the process.

5. What should I do if my application is denied? Don't give up. If your application is denied, you should immediately contact a lawyer who specializes in helping people with Social Security disability claims. Most people who pursue their appeals with the help of an experienced Social Security lawyer are eventually approved for benefits.

The first appeal is called a request for reconsideration. This must be filed within 60 days after you receive notice that Social Security has denied your application. It usually takes about four months to get a decision on your request for reconsideration. About nine out of ten requests for reconsideration are denied.

If your request for reconsideration is denied, you then have 60 days to request a hearing. The hearing is your only chance to appear in person and explain why you are unable to work. About six out of ten people who take their claims to a hearing have their claims approved. There is huge backlog of cases at the Social Security hearing offices. For this reason, there is usually a delay of at least 12 months from the date when the request for hearing is filed to the date when the hearing is finally held.

If your application is denied after a hearing, you have 60 days to request review by the Social Security Appeals Council. If the Appeals Council denies your appeal, you then have 60 days to file suit in United States District Court. It takes a very long time (years, in most cases) to get decisions from the Appeals Council or the District Court. In addition, the Appeals Council and the District Court deny most appeals. For this reason, it's important that you have an experienced Social Security disability lawyer
represent you at the reconsideration and hearing stages.

6. What does it cost to hire a lawyer to help me? In our Charlotte office, there is no fee for a conference to review your case. If we help you obtain benefits, our fee is one-fourth of your past-due benefits, subject to a cap of $6000.00. No fee is charged if your claim is not approved. Win or lose, you would be responsible for our out-of-pocket expenses such as the cost of obtaining medical records and reports.

7. Can I work while my application is pending? In general, no matter how severe your health problems are, you can't receive disability benefits if you are engaging in substantial gainful activity. In 2011, work in which you earn at least $1000.00 per month before taxes is considered substantial gainful activity. You can work part-time and still possibly be eligible for benefits if your earnings are less than $1000.00 per month. Even if your earnings are less than $1000.00 per month, however, working part-time can still hurt your case. Social Security may look at what you're doing in part-time work as evidence that you're not totally disabled, even though your earnings are below the $1000.00 limit.

If you try to return to full-time work after filing for benefits, but have to stop in less than three months because of your health, that is considered an unsuccessful work attempt. An unsuccessful work attempt does not count against your eligibility for benefits, regardless of how much you earn during your attempt to return to work.