Deadlines in Applying for Social Security Disability Benefits
A person cannot apply for disability benefits if they have reached the age of full retirement. Generally, full retirement age is age 65 for people born between 1937 and 1942, age 66 for people born between 1943 and 1959, and age 67 for people born in 1960 and later.

There is also a deadline to qualify for disability benefits. This means that people must have earned sufficient work credits and have a recent work history before the date they become disabled. For this reason, you should apply for MN disability benefits as soon as you become unable to work.

Deadlines for Appealing the Denial of Social Security Disability Benefits
Many applications for Minnesota disability benefits are denied. If you are denied benefits, you will receive a letter from Social Security explaining the reasons for its denial of your application. You must appeal the denial within 65 days of the date on that letter.

The first appeal is called a Request for Reconsideration. If you were denied benefits because Social Security determined that your medical conditions did not meet the definition of “disability” under their rules, then you can file the appeal online at the Social Security’s website. The Request for Reconsideration will ask for the reasons you disagree with the denial. After completing this form, you will be asked to complete a Disability Report – Appeal, online. This report asks for any updated information, including whether you have any new conditions, whether there has been a change in your conditions, whether you have seen any doctors or treated at any clinics or hospitals since you filed your application for disability benefits, and whether you are taking any medications.

If you were denied disability benefits for non-medical reasons, you must contact Social Security. You can request a review at any Social Security Administration office, or by calling 1-800-772-1213. People who are deaf or hard of hearing can call the TTY number, 1-800-325-0778.

If you receive another denial letter, and you wish to appeal, you also must appeal the denial within 65 days of the date on the letter. This appeal is called a Request for Hearing. The process of filing the appeal is the same as filing the first appeal.

• Disability Definition
Social Security defines “Disability” as a medical condition that has lasted, or is expected to last at least one year, and that prevents you from engaging in any substantial gainful activity, or a medical condition that is expected to result in death. This is a very strict definition of “disability” required by federal law for SSDI disability benefits.

Social Security also has a Listing of Impairments that are considered so severe that they automatically qualify a person for SSDI disability benefits. If your medical condition is listed on the Listing of Impairments, or meets a condition on this list, then you will be considered disabled. There are Listings for many different types of impairments and conditions.

• Disability Work Credits
In general, to get SSDI disability benefits, you must meet two different earnings tests:

1. A “recent work” test based on your age at the time you became disabled, which generally requires that people have worked five out of the 10 yeas before they become disable; and
2. A “duration of work” test to show that you worked long enough under Social Security’s rules, which generally requires that you have an average of six years of work if you are between ages 30 and 60. People ages 27 and younger need 1 ½ years of work. Certain blind workers have to meet only the “duration of work” test

Types of SSDI Disability Benefits:

• Money Benefits
People who are approved for MN SSDI disability benefits will receive a check each month they are disabled. The amount depends on how much they have paid in Social Security taxes when they were working.

• Medical Benefits
People who are approved for SSDI disability benefits will receive Medicare automatically after they have received Minnesota SSDI disability benefits disability benefits for two years. Medicare is public health insurance that will pay for medical treatment.

Why apply for SSDI Benefits?
While working, you paid taxes into Social Security for the event that you would become disabled. Many people do not consider becoming disabled; however, when it happens, it is best to recoup the money you paid into the Social Security system. It is also important that you apply for SSDI disability benefits right away after becoming disabled so that your work credits are recent.

How Work Credits Are Computed

Generally speaking, a person must meet two “earnings tests” in order to qualify for SSDI:

1. A “recent work” test based on the age when the person became disabled; and
2. A “duration of work” test that computes the number of years the person worked before they became disabled.

Qualifications needed under the “recent work” test:

• If you become disabled when you are 24-years-old or before, then you need 1 ½ years of work in the three years before you became disabled.

• If you become disabled between ages 25 and 30, then you need to have worked half the time between age 21 and your age at the time of your disability.

• If you become disabled at age 31 or older, then you need to have worked 5 out of the 10 years before you became disabled.

Qualifications needed under the “duration of work” test:

Medical Conditions that Qualify for SSDI

If you meet the recent work test and the duration of work test, you are eligible for MN SSDI disability benefits. To receive these benefits, you must be “disabled” under Social Security’s rules.

First, Social Security considers if your medical condition is “severe.” This means that it significantly limits your ability to do basic work activities including walking, sitting, and concentrating. If your medical condition is that severe, then Social Security will look to see if it is listed on the List of Impairments.

Social Security has a listing of impairments that are considered so severe that they automatically qualify a person for SSDI. If your medical condition is listed on the List of Impairments, or meets a condition on this lest, then you will be considered disabled. If you have any questions regarding applying for disability benefits or appealing a denial, please call us for a free no-obligation consultation with one of our Minnesota disability lawyers.

(1) online;
(2) by phone; or
(3) in person.

A MN disability application can be completed online for Minnesota disability benefits can be the easiest way for adults who have internet access and computer knowledge. The application is located at www.ssa.gov. Simply click on “Applying for Disability Benefits” to begin. If you would like someone to assist you with your online application, that is permitted. The person can also complete the application without your presence, and when it is complete, a representative from the Social Security Administration will contact you to confirm your application.

Applicants who wish to apply by phone can call 1-800-772-1213. Persons who are deaf or hard of hearing can call the TTY number at 1-800-325-0778. Representatives are staffed from 7:00 a.m. to 7:00 p.m. Monday through Friday.

Persons who wish to apply for MN disability benefits in person should visit their local Social Security Administration office. The closest Social Security office can be found by entering your zip code at https://secure.ssa.gov/apps6z/FOLO/fo001.jsp. Most Social Security offices are open Monday through Friday from 8:00 a.m. to 4:30 p.m. Persons applying in person will likely wait in a long line. For this reason, the recommended way to apply is online.

Two forms must be submitted to complete an application for disability benefits: an Application for Social Security Benefits and a Disability Report – Adult. These forms can be completed online through the Social Security’s website. Before attempting to complete these forms, it helps to have all of the information ready. Most of the information you will need involves your medical information and work history, including the following:

Medical Information:
1. Names, addresses, and phone numbers of all doctors, hospitals and clinics;
2. Patient ID number, if you have one;
3. Dates seen;
4. Names of medicines you are taking and the name and address of the doctor who prescribed them; and
5. Medical tests, including the type of test, location of test, and which doctor sent you for the test.

Work History
1. Kinds of jobs you worked in the 15 years before you became unable to work;
2. Dates of employment; and
3. Description of your work duties.
After your application is submitted, either online, over the phone, or in person, you will have to submit a signed medical authorization for the Social Security Administration to obtain your medical records. Once obtained, a disability examiner and medical doctor review them to confirm your disabilities.

It generally takes between four and five months to receive a decision on an Application for Disability Benefits. If you have any questions regarding the application process, please contact us and one of our Minnesota disability lawyers will go over applying for benefits and how we can help.

• Disability Application Process

When you file a claim for disability benefits—either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI)—you must complete two forms: an Application and a Disability and Work History Report.

o Application

Applications for Social Security Disability Insurance (SSDI) can be filed online at the Social Security website, www.ssa.gov, or in person at your local Social Security office.

Applications for Supplemental Security Income (SSI) must be filed in person at your local Minnesota Social Security office. They cannot be filed online.

After completing an application for benefits, you must complete one more form called a “Disability & Work History Report.”

o Disability & Work History Report

The Disability & Work History Report asks for information about your conditions that render you unable to work. It also asks for detailed information about the work you have done in the past 15 years, and the names and addresses of the doctors, hospitals, and clinics where you have treated for your conditions. Further, it asks for information regarding any medical tests that you have undergone.

If you apply for Social Security Disability Insurance (SSDI) online, you can complete this report immediately after completing the application.

If you intend to file for Supplemental Security Income (SSI) Minnesota disability benefits, you can first go online and complete the Disability & Work History Report, then bring the final page, a “Print Cover Sheet” to your local Social Security office. If you chose to apply for MN SSI benefits first, then you can complete this at your local Social Security office after applying.

• Disability Appeal Process

If you are denied disability or SSI benefits, then you can appeal. There are two common appeal stages:

o Request for Reconsideration
The Request for Reconsideration is the first appeal. It must be filed within 65 days of the date of your application denial letter. You can file this online at the Social Security website or in person at your local Social Security office.

o Request for Hearing

The Request for Hearing is the second appeal. This also must be filed within 65 days of the date on the denial letter, and can be done online at the Social Security website or in person at your local Social Security office.

Social Security Disability Insurance (SSDI)
Minnesota SSDI benefits are available for insured workers, their disabled surviving spouses, and children (disabled before age 22) of disabled, retired or deceased workers.

Most people do not think about becoming disabled. However, studies show that a 20-year-old worker has a 3 in 10 chance of becoming disabled before reaching retirement age.
Social Security Disability Benefits Minnesota
In general, to get disability benefits, a person must meet two different earnings tests:
1. A “recent work” test based on your age at the time you became disabled; and
2. A “duration of work” test to show that you worked long enough under Social Security.
Certain blind workers have to meet only the “duration of work” test.
Listed below are the rules for how much work a person needs to meet the “recent work” test based on that person’s age when the disability began. The rules are based on the calendar quarter when the person turned or will turn a certain age.

Rules for the “recent work test”

Rules of work needed for the “duration of work” test

Supplemental Security Income (SSI)

Minnesota SSI benefits are available for some people with little or no income and resources. The Social Security Administration manages the SSI program. However, SSI is not paid for by Social Security taxes. SSI is paid for by U.S. Treasury general funds, not the Social Security trust funds. SSI makes monthly payments to people who have low income and few resources and are:

 • Age 65 or older;

• Blind; or

• Disabled.

Whether people can get SSI depends on their income and resources (things they own). The basic SSI amount is the same nationwide. However, many states add money to the basic benefit. In Minnesota, the monthly SSI payment amount is $571.00. If you have any questions regarding Minnesota Social Security disability benefits please contact us for a free consultation. We are Minnesota disability lawyers serving the entire state of MN.

Request for Reconsideration
If an Application for Disability Insurance Benefits or Application for Supplemental Security Income is denied, the appeal is called a “Request for Reconsideration.” At the Request for Reconsideration level, a claimant’s file is given to a different disability examiner to evaluate and request updated medical records.

Claimants have 65 days from the date of their denial letter to file the Request for Reconsideration. This time period is calculated by giving claimants 60 days from when they receive the denial letter, and adding five days from the date of the letter for their receipt. Requests for Reconsideration can be filing online at www.ssa.gov, or in person at any Minnesota Social Security office.

With the Request for Reconsideration, claimants must file a document called “Disability Report – Appeal.” This document is similar to the “Disability Report – Adult” that claimants completed with their application, but asks if the disabilities became worse or if there are any new illnesses or injuries. The Disability Report – Appeal also asks if the claimant has seen any doctors, clinics, or hospitals since the Disability Report – Adult was completed. This document can also be completed online or in person at any Social Security Office.

Request for Hearing
If a claimant’s Request for Reconsideration is denied, the appeal is called a “Request for Hearing.” The Request for Hearing also must be filed within 65 days of the date of the denial letter. Also like the Request for Reconsideration, claimants must also complete a Disability Report – Appeal at this level.

The Request for Hearing is submitted to the Office of Disability Adjudication and Review (ADAR) where it will be assigned to an Administrative Law Judge (ALJ), who will hear the case if the claimant chooses to have a hearing. If the claimant does not want a hearing, the case will be decided on the documents that have been received by Social Security.

At the Hearing, claimants have the opportunity to testify on their behalf and call any witnesses to testify in their case. There will likely be a medical doctor there who will inform the judge if, in that doctor’s opinion, the claimant’s disabilities meet the Social Securities definition of “disability.” There will also likely be a vocational expert there to offer possible jobs that, in that expert’s opinion, the claimant could do.

Appeals Council
If the Administrative Law Judge denies claimants benefits at the Hearing, they may appeal to the Appeals Council. This appeal must be requested in writing and must be made within 60 days of the date of the Notice of Decision. The official Request for Review form, HA-520, or a letter, is accepted. The request can be filed at any MN Social Security office or a hearing office, or by mailing the request to: Appeals Council, Office of Disability Adjudication and Review, 5107 Leesburg Pike, Falls Church, VA 22041-3255.

Minnesota Disability Law Firm
If you need help applying for Minnesota disability benefits or appealing a denial, please contact us for a free no-obligation consultation. We have a Minnesota disability attorney ready to help.

1. Social Security Disability Insurance (SSDI) benefits are available for insured workers, their disabled surviving spouses and children (disabled before age 22) of disabled, retired or deceased workers.

2. Supplemental Security Income (SSI) benefits are available for disabled people with little or no income and recourses.

To be considered “disabled” under the Social Security’s strict definition:

• You must be unable to do any substantial work before of your medical condition(s); and

• Your medical condition(s) must have lasted, or be expected to last, at least 12 months, or be expected to result in your death.

There are many different disabilities that can fit this definition. Disabilities can be to the musculoskeletal system, senses and speech, respiratory system, cardiovascular system, digestive system, neurological, mental disorders, immune system, and the list goes on and on. It is therefore important that you list all of your disabilities and impairments, no matter how small. This is because the Social Security Administration will look at all of your disabilities to determine if you meet the definition of “disabled” under their rules.

What if my doctor says I am disabled?
Even if your doctor says you are disabled, it is not enough, by itself, to qualify you for disability benefits. You must still meet the Social Security’s definition of “disabled.”

If I get disability payments through another program, does that make me eligible for Social Security Benefits?
Some people get disability benefits though an insurance plan, their employer, or another government agency. This does not qualify persons for Social Security disability payments. This is because Social Security disability laws are different from the rules in most other programs. As examples, Social Security does not provide “short term” (less than 12 months) disability benefits, and does not provide benefits for partial disabilities.

How does Social Security determine if I am disabled?
After a claimant’s application is received, the Social Security Administration sends it to a state agency that makes the disability determination. The state agency requests your medical records and works with medical and vocational experts to evaluate your claim. The state agency may also ask you to attend a medical or psychological examination. You will not have to pay for this, but be sure to keep your appointment. If you miss the appointment, it is grounds for the state agency to deny your application.

Please contact us for a free no-obligation consultation if you need help with a disability application or if you have received a denial and need to appeal your benefits case. We are Minnesota disability lawyers that represent people throughout the state of MN.

Most people do not think about becoming disabled. However, studies show that a 20-year-old worker has a 3 in 10 chance of becoming disabled before reaching retirement age.

In general, to get Minnesota disability benefits, a person must meet two different earnings tests:

1. A “recent work” test based on your age at the time you became disabled; and
2. A “duration of work” test to show that you worked long enough under Social Security.

The Recent Work Test generally requires that people have worked five out of the 10 yeas before they become disabled.

The Duration of Work Test generally requires that the person have an average of six years of work if they are between ages 30 and 60. People ages 27 and younger need 1 ½ years of work. Certain blind workers have to meet only the “duration of work” test.

Money Benefits for Disabled Workers
The amount of the disability benefit checks is based on a person’s lifetime earnings. The more a person has paid in Social Security taxes, the higher the amount of Minnesota disability benefits the person will receive. Your Social Security Statement that you receive in the mail each year provides an estimate of this disability benefit about. If you do not have a Social Security Statement and would like to know an estimate of your disability benefit amount, you can request one through the Social Security website at www.socialsecurity.gov or by calling 1-800-772-1213.

Disability Benefits for Surviving Spouses and Children
Some family members of disabled people may qualify for benefits. These people include:

• Spouses age 62 and older;
• Spouses who are caring for a disabled person’s child who is disabled or younger than 16;
• Unmarried children including adopted children under age 18 or age 19 if they are in elementary or high school full time; and
• Unmarried children age 18 or older if they have a disability (defined by Social Security’s definition of a disabled adult) that started before they were age 22.

Health Insurance Benefits for Disabled Workers
People who are approved for Social Security Disability benefits will receive Medicare automatically after they have received disability benefits for two years. Please contact us for a free consultation from one of our Minneapolis disability lawyers. We are ready to help.

Social Security Disability Insurance (SSDI)
Social Security Disability Insurance, or “SSDI,” is a federal program that provides benefits to workers who become disabled. In order to qualify for SSDI, you must have the following:

1. A medical condition that has lasted, or is expected to last at least one year, or result in death; and
2. A medical condition that prevents you from engaging in any substantial gainful activity; and
3. Have earned enough work credits under Social Security’s rules.

This is a very strict definition of “disability” required by federal law.

Supplemental Security Income (SSI)
Supplemental Security Income, or “SSI,” is a federal program that provides money to certain people who have limited or no income and are disabled, blind, or age 65 and older. SSI provides money to meet basic needs. SSI is funded by general tax revenues. It is not funded from Social Security taxes, so it is available to people who may not qualify for Minnesota Social Security Disability Benefits because they have not met the earnings requirements. Not everyone can receive SSI.

In order to qualify for this program, you must be:

1. Disabled;
2. Blind, or
3. Aged (age 65 or over),

And:
1. have limited income;
2. have limited resources; (the things you own are worth less than $2,000)
3. are a U.S. Citizen and resident; and
4. meet certain other requirements.

Social Security Retirement Benefits
People who have worked long enough and paid enough Social Security taxes are eligible for retirement benefits. Social Security will start paying Retirement Benefits at age 62 if you elect to receive them at this time, or at your full retirement age, which Social Security considers to be 67. To determine your estimated retirement benefit amount, log onto www.socialsecurity.gov.

Social Security Survivors Benefits
When a person dies who has worked and paid Social Security taxes, certain members of the person’s family may be eligible for Social Security Survivors Benefits. Depending on the person’s age at the time of death, up to 10 years of work is needed to be eligible for benefits. Social Security Survivors Benefits can be paid to:

• A widow or widower (full benefits at full retirement age, or reduced benefits as early as age 60);
• A disabled widow or widower as early as age 50;
• A widow or widower at any age if he or she takes care of the deceased’s child who is under age 16 or disabled, and receiving Social Security benefits
• Unmarried children under 18, or up to age 19 if they are attending high school full time;
• Children at any age who were disabled before age 22 and remain disabled; and
• Dependent parents age 62 or older.

Please contact our Minnesota disability services lawyers for a free no-obligation consultation. We are ready to help explain the disability application process or help file your appeal if you have been denied MN disability benefits.