FAQ

How Can We Help You?

ABOUT US

What does Trajector Disability do?

At Trajector Disability, we have only one objective – making sure people who need and deserve Social Security disability benefits get them. Originally called Myler Disability, we’ve been helping people just like you win their Social Security disability case for over three decades. In 2021, we changed our name to Trajector Disability and continue to focus 100% of our time on helping our clients get the benefits they deserve.

GETTING SSD BENEFITS

You should appeal immediately (within ten days) to request continued benefits during the appeal process. Consider contacting our team to help with your case.

There are two main ways to apply for Social Security Disability (SSD) benefits:

1. Apply in Person: Visit your nearest Social Security office. Be prepared for a wait, so bring something to occupy your time.

2. Apply by Phone: Call the Social Security Administration (SSA) at 1-800-772-1213 to schedule a phone interview to file your claim.

Unfortunately, there’s no guaranteed way to predict an SSD approval unless your condition is severe. However, a Social Security disability attorney experienced with these cases can often assess your likelihood of approval and guide you through the process.

Here’s a general guideline:

If you have a severe, long-term disability that significantly limits your ability to work, consider applying for SSD benefits.
If you’re unsure, consulting a Social Security disability attorney can help you understand your options.

Under the Social Security Act, the SSA defines “disability” as the inability to engage in any substantial gainful activity (SGA) due to a medically determinable physical or mental impairment expected to result in death or last at least 12 months.

Here are the main types of Social Security disability benefits:

SSDI: For individuals with a recent work history who are now disabled.
Disabled Widow(er)’s Benefits: For spouses aged 50+ who become disabled after their spouse’s death (with sufficient work history).
Disabled Adult Child Benefits: For disabled children of deceased workers or those receiving Social Security disability/retirement benefits (disability must occur before age 22).
SSI: Needs-based benefits for disabled individuals with limited income and resources (work history irrelevant).
SSI Child’s Disability Benefits: For disabled children under 18 (different disability criteria apply).

How far back will they pay benefits if I'm found to be "disabled"?

There’s a wait time before your benefits begin, but you may also be eligible for back pay. Here’s a breakdown:

Social Security Disability Insurance (SSDI) and Disabled Widow(er)’s Benefits: There’s a five-month waiting period, but you can receive back pay for up to one year before your application date.
Supplemental Security Income Benefits: Benefits begin the month following your application date, and no back pay is available.

I'm worried about losing my benefits in the future. How likely is that?

The SSA should only cut off benefits if your medical condition improves significantly. Reviews to assess ongoing disability are becoming more common, but most individuals will continue receiving benefits.

Staying informed about the review process can help alleviate concerns about benefit continuity.

The amount you may receive from Social Security disability benefits varies significantly based on the type of benefits and your earnings record. Here’s a brief overview:

Disability Insurance Benefits: Based on your work and earnings history.
Disabled Widow’s/Widower’s Benefits: Depends on the deceased spouse’s work and earnings history.
Disabled Adult Child Benefits: Based on a parent’s work and earnings history.
Supplemental Security Income (SSI): Receives a base amount adjusted by any additional income.

Yes, you can receive both; however, your Social Security disability benefits may be reduced to prevent an excessive total benefit. This equalizer ensures that the combined amount from both sources does not exceed a certain percentage of your pre-disability income.

What happens if I recover and want to return to work while receiving benefits?

Social Security encourages beneficiaries to return to work if they’re able. Various programs and trial work periods allow you to test your ability to work while still receiving benefits. For SSDI, disabled widow(er)’s, and disabled adult child benefits, the full benefits may continue for a year after returning to work. If you have to stop working again within three years, you can typically resume benefits without a new application.

Social Security does not calculate benefits based on the percentage of disability. You are either eligible (disabled) or not; benefit amounts are primarily based on your earnings record, not the severity of your disability.

I'm disabled, but medical bills are a bigger concern than income. Can I get help with those?

Unfortunately, medical bill assistance is typically tied to receiving cash benefits. Focus on getting your SSD claim approved to access both financial support and, potentially, medical coverage options.

HOW SSD WORKS

The SSA considers several factors when evaluating your disability claim, including:

Medical records: They’ll review your medical records to understand the severity and limitations of your condition(s).
Age, education, and work experience: The SSA considers your overall capabilities in light of your background.
Your ability to perform past work: If you can’t perform your past job due to disability, they’ll assess your ability to do other work.

Can I get benefits if I have multiple health conditions?

Yes, the SSA considers the combined effects of all your health conditions when determining disability. Many successful disability claims involve individuals with multiple health problems. The key is how these combined conditions affect your ability to work.

No. To qualify for Social Security disability benefits, you must meet one of these conditions:

You’ve been disabled for at least one year.
You expect to be disabled for at least one year.
You have a medical condition that’s expected to result in death within a year.

Should I apply for Disability Benefits after a temporary disability, like an injury from a car accident?

Yes. If you cannot work due to an illness or injury and anticipate this situation lasting a year or more, it’s advisable to apply for Social Security disability benefits. This recommendation applies even if you expect to recover and return to work eventually.

QUALIFYING FOR SSD

Can my disabled child receive benefits?
Yes, there are benefits available for disabled children:

SSI Child’s Disability Benefits: For disabled children under 18 with limited income and resources (parents’ income considered).

Disabled Adult Child Benefits: For disabled children over 18 of deceased workers or those receiving Social Security disability/retirement benefits (disability must occur before age 22).

What specific diseases qualify for benefits?
Unfortunately, there’s no simple answer—the severity of your condition and its impact on your ability to work matter most. For example, some cancers can be quickly treated with minimal lasting effects, while others are debilitating.
The SSA website offers a list of impairments the SSA considers, but it’s not exhaustive. The key takeaway is that the disease itself doesn’t guarantee approval but rather the severity of your case.

Additional Tips:
While the SSA considers your medical records, consulting a doctor to document your limitations can strengthen your claim.
A Social Security disability attorney can help you navigate the application process and ensure all relevant information is presented to the SSA.

Can I get benefits if I was a stay-at-home parent?
Possibly. If you have sufficient work history (generally 5 out of the last ten years) before becoming disabled, you may qualify for SSDI benefits. You might be eligible for SSI benefits if you haven’t worked outside the home but meet income requirements.

Are mental illnesses a basis for disability benefits?
Yes, mental illness is a common reason for receiving Social Security disability benefits. The SSA evaluates how mental health limits your ability to work and perform daily activities.

When can I file for Social Security disability benefits?
There’s no waiting period to file for Social Security disability benefits (SSDI). You can apply the same day you become disabled as long as you meet the following conditions:
You expect your disability to last at least one year or result in death.
Your disability significantly limits your ability to perform past work.

If you suffer a serious illness or injury and expect to be out of work for a year or more, consider filing for SSDI immediately.

Can I get benefits if I haven't worked in a traditional job?
There are alternative paths to Social Security disability benefits:
Supplemental Security Income (SSI):  Needs-based benefits for disabled individuals with limited income and resources, regardless of work history.
Disabled Adult Child Benefits:  For disabled children of deceased workers or those receiving Social Security disability/retirement benefits (disability must occur before age 22).
Disabled Widow(er)’s Benefits:  This benefit is for spouses aged 50+ who become disabled within seven years of their spouse’s death (with sufficient work history).

Can you explain when to file in some common situations?
Sick leave: You don’t have to wait until your sick leave runs out. If you believe your disability will extend beyond a year, file for SSDI.
Worker’s compensation: You can file for SSDI while receiving worker’s comp benefits. This helps avoid a gap in income when worker’s comp ends.
Financial resources: Having money saved doesn’t affect your eligibility for SSDI, disabled widow(er), or disabled adult child benefits. File as soon as possible to receive the benefits you may be entitled to.

Can alcoholics and drug addicts get Social Security disability benefits?
While individuals with a history of alcoholism or drug addiction were once eligible for Social Security disability benefits, changes in the law now prohibit benefits based solely on substance abuse. However, individuals with disabilities stemming from these conditions (e.g., heart attack due to alcoholism) may be eligible.

Can I get benefits as a disabled widow/widower who hasn't worked recently?
Yes, you may qualify for Disabled Widow(er)’s Benefits if you meet the following criteria:
Age 50 or older
Became disabled within seven years of your spouse’s death
Your deceased spouse had sufficient work history under Social Security.

Alternatively, you may be eligible for SSI benefits regardless of age or work history if you meet income requirements.

When can I file for Social Security disability benefits if I'm on sick leave or receiving worker's compensation?
There’s no waiting period. You can file for Social Security disability benefits (SSDI) as soon as you become disabled, even if you’re receiving paid sick leave or worker’s compensation. This helps ensure a smoother transition if your sick leave or worker’s comp ends before your SSDI benefits begin.

I know someone who is on Social Security disability, and he doesn't look a bit disabled. Why do they put freeloaders on benefits?
Disability is not always obvious. Don’t judge disability by appearance. Many invisible illnesses significantly limit a person’s ability to work. Individuals with severe psychiatric conditions, for example, might not show visible signs of their disability but are significantly impaired.

I'm disabled but have plenty of money in the bank. Do I have to wait until my money is gone before I apply for Social Security disability benefits?
Your bank balance doesn’t affect your eligibility for Social Security disability benefits. Whether you’re applying based on your work history, as a disabled widow/widower, or as a disabled adult child, your financial assets are not considered. File as soon as possible to receive the benefits you may be entitled to.

SSD APPLICATION PROCESS

Who decides if I'm disabled?
Your disability claim goes through a multi-step evaluation process:
Disability Determination Services (DDS): A state agency disability examiner reviews your claim with a doctor and makes an initial decision.
Reconsideration: If denied and you request it, another DDS examiner reviews your claim.
Hearing: If denied again, you can request a hearing before an impartial Social Security Administrative Law Judge (ALJ). This is the only stage where you appear in person.

What is the Social Security hearing like?
The hearing is relatively informal. The administrative law judge (ALJ), a court reporter and potentially a medical expert or vocational specialist will be present. You can have an attorney represent you and present any relevant witnesses or evidence. There is no jury or opposing attorney from Social Security.

How long does SSD take to make a decision?
The Disability Determination Services (DDS), the agency in your state that evaluates disability claims, usually makes the initial decision within four months. However, the hearings can take much longer, with the average time exceeding a year and a half nationwide. The exact duration of the process depends on how long it takes to gather all the necessary medical records and other evidence to make a decision.

What are my chances of winning at a hearing? 
The odds are in your favor at the hearing stage. Over half of claimants who request a hearing win their case. While an attorney isn’t required, consulting one of our specialists can significantly improve your chances of approval throughout the application process, including preparing for the hearing.

Is there a list of illnesses that Social Security considers "disabling"?
There isn’t a single list. What matters is the severity of your condition and its impact on your ability to work. However, Social Security considers medical evidence, and some severe illnesses with specific characteristics may qualify you for benefits based solely on medical criteria.

Why does Social Security consider my age in determining whether I'm disabled?
Social Security takes age into account as required by law. Due to health issues, older individuals often have fewer options to adapt to new jobs. This consideration acknowledges the challenges older individuals may face in finding suitable work.

WINNING YOUR SSD CLAIMS

Can my congressman help me with my Social Security disability?
If your claim experiences delays, contacting your Congressional Representative or Senator may be helpful. Their experienced staff can potentially expedite a stalled process. However, a Congressional inquiry cannot influence the final decision on your disability claim.

Where can I go to get help with my Social Security disability claim?
For help, go to a lawyer or other person who regularly represents Social Security disability claimants. Trajector Disability (formerly Myler Disability) has a high success rate of representation.

Do I need a lawyer to represent me in my Social Security disability claim?
While not mandatory, having legal representation increases your odds of approval. Statistically, claimants with attorneys win more frequently because our attorneys understand the Social Security system.

How do lawyers who represent Social Security disability claimants get paid?
 In most cases, Social Security disability attorneys receive a contingency fee of 25% of your back benefits if you win. There’s no upfront cost or fee if your claim is denied.

How can I improve my chances of winning my Social Security disability claim?
These factors may make a difference:
Honesty and Comprehensiveness: Provide complete and accurate information about your disability, including any mental health conditions or learning limitations.
Persistence and Representation: Appealing denials is crucial. Statistics show significantly higher approval rates for claimants with experienced representatives who understand the Social Security disability process.

How do I choose an attorney to represent me on my Social Security disability claim?
We recommend you choose a successful and experienced advocate from the Trajector Disability office (formerly Myler Disability). You can call for a free consultation at 1-800-652-9626.

DENIED SSD CLAIMS

What do I do if Social Security denies my claim for disability benefits?
Don’t be discouraged by an initial denial. Only about 40% of claims are approved at the first stage. Reconsideration and appeals are crucial next steps. If that happens, consider legal representation! Statistics show significantly higher approval rates for people with experienced representatives.

If the Administrative Law Judge denies my claim, can I appeal anymore?
Yes. If an administrative law judge denies your claim, you can continue the appeals process. The next step is to appeal to the Appeals Council, which is still within the Social Security system.

Why does Social Security turn down so many claims for disability benefits?
There is no simple answer to this question. Some of the possible reasons include: 
Difficulty determining disability: Disability assessments can be complex. Pain, a common symptom of disability, can be subjective and difficult to verify.
Verification of Disability: Social Security aims to ensure that only genuinely disabled individuals receive benefits. This can sometimes lead to denials.

The VA says I'm disabled, so why is Social Security denying my disability claim?
Social Security and the Veterans Administration (VA) have different criteria for disability approval. A favorable decision from one does not guarantee approval from the other.

My doctor says I'm disabled, so why is Social Security denying my disability claim?
Social Security does not rely solely on your doctor’s opinion to determine whether you are disabled. The SSA makes decisions based on a series of other factors.

I only want to get back the money I put in Social Security. Why do they make it so hard to get my money back?
It’s not accurate to think of this process as “getting your money back”. The money an individual may have paid into Social Security over the years would only last for a while if that were all an individual could draw from Social Security.

APPEALING DENIED SSD CLAIMS

Do I have to go through reconsideration?
In most states, yes, reconsideration is the first step in appealing a denied Social Security disability claim. In a few states, the Social Security Administration has abolished reconsideration, and you can immediately request a hearing before an Administrative Law Judge. If you do move forward with reconsideration, you should consider obtaining an attorney to represent you.

What is the Appeals Council in Social Security?
The Appeals Council ensures a fair and impartial review of Social Security disability claims. Located in Falls Church, Virginia, they review decisions made by Administrative Law Judges (ALJs) on disability claims. This is a later stage in the appeals process after a reconsideration request might have already been denied. 

Who makes the reconsideration determination?
A disability examiner at the Disability Determination Section makes the reconsideration determination. Most of the time, the claimant does not see the disability examiner or even know their name.

What happens during a reconsideration for SSDI?
When your initial Social Security disability claim is denied, the next step in the appeals process is “reconsideration.” In this stage, a new disability examiner reviews your case and makes a fresh decision. Unfortunately, denials are still common at this stage (around 80%)

What are my chances of winning a reconsideration?
Statistically, a claimant wins at reconsideration about 20 percent of the time. With this in mind, consider strengthening your case! Gather additional medical evidence or documentation supporting your disability to bolster your case for reconsideration.

How long does it take for SSA to decide on reconsideration?
Generally, expect the appeals process to take 3 to 5 months after you submit your appeal to receive a new decision letter.

Can I appeal a case beyond Social Security to the Federal Courts?
Yes, you have the right to appeal beyond the Social Security Administration. If the Appeals Council denies your claim, you can file a civil action in federal court to challenge their decision. This allows for a judge to review your case thoroughly. While rare, Social Security disability claims can ultimately reach the Supreme Court.

How long does it take for Social Security to act upon a request for Appeals Council review?
The Appeals Council process may take about a year or longer, so it’s crucial to stay informed about your case’s progress.

HEALTHCARE OPTIONS

What is the difference between Medicare and Medicaid?
Medicare and Medicaid are both government health insurance programs, but they serve different purposes:
Medicaid is a needs-based program that provides health coverage for low-income individuals and families. In many states, people with disabilities qualify for Medicaid through SSI.
Medicare is a federal health insurance program for people 65 and older and for some people under 65 with disabilities who have been receiving Social Security disability benefits for 24 months.

If I get Social Security disability benefits, will I get Medicaid?
If you are approved for SSI (Supplemental Security Income), you will also receive Medicaid. Additionally, if you are entitled to SSI along with certain other types of Social Security disability benefits, you can qualify for both Medicare and Medicaid.