80 Main St., Suite 335, West Orange, NJ 07052

973-324-9610973-324-9610

Law Office of Gail A. Spence

Frequently Asked Questions

At the Law Office of Gail A. Spence, we are available to answer your questions. Contact us today with questions or concerns.

Social Security Disability (SSD, SSDI, Title II)

Who can apply for SSD?

All three must be in place to qualify:

  • You worked long enough.
  • You paid the Social Security Tax (FICA) while you were working.
  • You have a medical condition that prevents you from working for at least 12 months or may end in your death.

Is there a waiting period before I can apply for SSD?

Yes. There is a 5 month waiting period from the date you stopped working. There are exceptions to this rule if your earnings were below an amount decided by the Social Security Administration.

Will my family be eligible for SSD?

Yes. You and certain family members may be eligible. (Dependent children, elderly parents, spouses in the full-time care of children under the age of 16).

How do I know if I worked long enough to qualify for SSD?

Go to ssa.gov to obtain your Social Security Statement.
 
Create an account and you will be able to obtain your statement. Creating an account is not an application for any Social Security benefit. In fact, individuals are encouraged to periodically check their Social Security Statement for accuracy and for financial planning.

  • The Social Security Statement will tell you if you worked long enough and if you paid enough (FICA) to the Social Security Administration.
  • The Social Security Statement will give you an estimate of your possible monthly benefit for Social Security Disability, Early Retirement and Retirement.

Can I have money in the bank and still be eligible for SSD?

Yes. SSD is not needs-based. You may be eligible for SSD even if you have savings.

How much does an attorney cost?

The attorney fee is based on a contingent agreement. The attorney does not get paid unless your SSD is approved. The Social Security Administration monitors the attorney fee.

How much will I get?

For SSD it depends on your past earnings. The Social Security Statement will give you an estimate.

Will I be eligible for health insurance with SSD?

Yes. You may be eligible for Medicare after the 24 month waiting period.

Supplemental Security Income (SSI, Title XVI)

Who can apply for SSI?

SSI is a needs-based federal benefit. Individuals with low income and limited resources may be eligible if they are:

  • Disabled (You must have a medical condition that prevents you from working at least 12 months or may end in death.)
  • Blind.
  • Age 65 or older.

Is there a waiting period before I can apply for SSI?

No. There is no waiting period.

Will my family be eligible for SSI?

No. SSI is a benefit for the individual applicant. There is no benefit for dependent children, spouses or elderly parents of the SSI applicant.

Can I have money in the bank and still be eligible for SSI?

You may have to spend your savings before you are eligible to apply for SSI. SSI is a benefit of last resort.

Can I apply for SSI if I get Welfare?

Yes, if you are too sick to work and you receive Welfare benefits you may be eligible to apply for SSI.

Will my food stamps count as income?

No. You may still be eligible to apply for SSI even if you get food stamps.

I own my home can I still get SSI?

Yes. You may still be eligible to apply for SSI. The home you live in is not counted as a resource. However an assessment of your household income will still be completed.

How much does an attorney cost?

The attorney fee is based on a contingent agreement. The attorney does not get paid unless your SSI is approved. The Social Security Administration monitors the attorney fee.

How much will I get?

For SSI it depends on your household income.

Will I be eligible for health insurance with SSI?

Yes. You may be eligible for Medicaid. There is no waiting period.