Your Top 5 Social Security Disability Questions Answered

1.      What is the Difference  between Social Security disability and SSI disability?  SSI disability stands for “Supplemental Security Income” disability. This is a program that does not require you to have paid into the Social Security program. However, this program is income based. Social Security Administration (SSA) looks at what income you have coming into the household. This would include the income of your spouse, any part-time income, and any other source of income, such as from workers’ compensation, VA disability, income from investments, rental income etc.
You can also obtain SSI payments if your Social Security disability gross check is usually under $800 (an estimate in which you need to check with SSA to determine what is the cutoff amount each year). There is also a resource requirement in which after excluding the home you live in and one car your remaining resources don’t exceed $2000 if you’re single or $3000 if you’re married.
The definition for disability is essentially the same for both programs. Currently, the maximum amount SSA sends out for a disabled SSI recipient is around $735. This can change based upon each year’s cost of living changes. Oftentimes SSA will take applications for both benefits because at the time of the application there is financial eligibility since one has not been approved for Social Security Disability benefits at the time of the SSI application.

2.      What Does “Date Last Insured” Mean on Your Denial? For individuals that are applying for Social Security  Disability benefits based upon their work record you must satisfy certain earning requirements. Generally, you must have one quarter of coverage for every year since age 21 up through the date in which you are claiming to be disabled. Most filers meet this requirement. However, an additional requirement is that you must have 20 quarters of coverage during the 40 quarter period ending with the date you claim to have become disabled. For instance, let’s say a woman worked from age 21-31, then had children and started back to work at age 40. She completed only 4 years of work and then became unable to work due to her disability. In that instance she would not have had 20 quarters of coverage (five years of coverage) in the 40 quarter period (10 year period) ending with her becoming disabled. This woman would have only obtained 16 quarters (four years) in the ten year period SSA looks at. Note, there are ways to obtain additional quarters of coverage through part-time work to become insured. For more information call Affleck and Gordon’s Social Security Disability Attorneys at 404-373-1649.

3.      How Much Will Your Monthly Social Security Disability Benefit Be? Generally, SSA sent out your earnings record to you each year that you are working up until 2011 or you can go online and see it at www.1.usa.gov/1d3xvuZ. In 2014, SSA resumed mailings at 5-year intervals to workers who hadn’t signed up for online statements. So, at age 25, 30, 35, 40, 45, 50, 55, 60, you’ll still get an earnings statement. SSA gives an estimate as to how much you would receive if you became disabled or retired. The amount you receive is based upon what you paid into the Social Security system indexed by inflation. However, what you can receive can be offset by IRS tax liens, non-payment of child support, bankruptcy liens, workers’ compensation, etc.

4.      How is it that Some People You know got Approved with Less Disabilities than You Have? A variety of factors are used by SSA in determining if someone is disabled. They look at the age of the person, their education, and their prior work experience over the last 15 years. For example, a person who is 50 years of age or older who has never done sedentary or primarily seated work with lifting under 10 pounds on an occasional basis, and does not have any skills obtained from their work history that could be used for sedentary work,  and is now reduced to sedentary work only will ordinarily be found disabled. Thus, if a person over 50 years of age  was a receptionist and was limited to sedentary work, SSA would find that person not disabled since their work history included sedentary work, whereas if that person had been a grocery store stocker, which is not sedentary work, that person would be found disabled if now restricted to sedentary work. The same theory would apply for restrictions to light duty work for individuals 55 years of age or older that due to their disabilities are reduced to light duty work (lifting no more than 20 pounds occasionally). The issue of transferable skills can be crucial in many of these determinations where one is capable of doing more than unskilled work.

5.      If You are Unable to Work due to Conditions that Improve, can You Still get Disability Benefits? If you have a condition or a number of conditions that have each  lasted 12 months or longer, SSA will look at the combination of your impairments to see if they singly, or in combination, prevent the ability to work. If they do, then you could be found disabled. However, if there is improvement in any of these conditions that would suggest to SSA that you have regained the ability to work, then SSA can find that you are entitled to a “Closed Period” of disability beginning with the date you became disabled and when said condition(s) improved to allow you to return to largely full time work. Ordinarily, SSA will pay an additional 2 more months of benefits following the month in which disability ended. If SSA had already found you disabled and your improvement began after you began receiving benefits, then SSA will at some time conduct a continuing disability review to see if your benefits should be continued. Please keep in mind that if you had returned to work, you were supposed to let SSA know about this.

“Just the Facts Ma’am” on SSI

Supplemental Security Income (SSI) is a federal program managed by Social Security and funded by the U.S. Treasury’s general fund instead of the general Social Security Taxes. The program is intended to provide financial assistance in monthly payments to disabled people with limited income, earnings or property.

Our legal team can help you navigate the complicated bureaucracy of both federal and state governments to ensure your best chance of being approved for your SSI disability benefits.

Have you or a loved one been turned down for SSI benefits?

Filing for SSI is a long process, which is why you should file for your benefits as soon as possible. A judge may grant back pay of benefits depending on your case and condition, but that is not always the case. Studies show that candidates for SSI who have an attorney familiar with the SSI procedures, set forth by Social Security have a greater possibility of application acceptance. Typically, less than half of all applications filed are approved in the initial stages and less than a quarter of claims sent back for reconsideration are approved at the hearing stage.  Our expert SSI Attorneys can review your case and advise the best course of action to get your claim approved.

SSI is available for persons that are:
• 65 years-of-age or older
• Totally or partially blind
• Unable to work due to a medical condition
• Disabled and their condition is expected to end in death
• Under the age of 18 and disabled
• Disabled children under the age of 18 can qualify if the parents earn less than the limit set by Social Security. The requirements for disabled children are similar to the requirements for disabled adults

The requirements for SSI benefit qualification include:

• The individual must be either unemployed or earning less than the limit amount.

• The individual must suffer from a physical and/or mental condition that severely limits his/her abilities and/or activities.
• This condition must last over 12 months or lead to death.
Affleck and Gordon’s SSI Attorneys can help you deal with SSI’s complex appeal process and forms and help you get your life back sooner.  Call us today at 404-373-1649.

Myths and the Truth About Social Security Disability

Many people are under the mistaken assumption that Social Security benefits are only available once they retire. However, Social Security encompasses more than just retirement income, as it provides compensation for those who have become disabled due to a variety of physical or mental impairments that prevent them from being able to earn an income on their own. Any person who suffers from a disability is considered eligible for benefits if the disability is expected to last for at least 12 months or end in death for the sufferer. If you have a disability that lasts less than a year and/or is not inevitably fatal, it is considered partial or short-term disability by Social Security and would not be eligible for benefits. Factors such as your age and your work experience count toward how much coverage you can receive.

According to Social Security, 1 in 4 of today’s 20-year-olds will become disabled before reaching the age of 67. Did you know that Social Security doesn’t pay for the first 5 months? That’s called the 5-month waiting period, and  it may take a lot longer than 5 months before you get to a hearing before an Administrative Law Judge. In today’s economy, even two-income families struggle to make ends meet. If you’re disabled or your family is supporting a disabled person, it’s a fine line between making ends meet and hanging by a thread.  You then have to turn to social services and charity and/or family and friends for financial help while waiting for your Social Security disability hearing which can take as long as 2 ½ to 3 years.

If you’re disabled, you can’t work. If you can’t work, you should get Social Security Disability benefits. All you need is a statement from your doctor that you’re totally disabled from work and you’ll get Social Security Disability benefits easy peasy lemon squeezy, right? Wrong. Unfortunately, those benefits are not easily won. In fact, more than 2/3 of all initial applications are denied.

Q. Why are a majority of Social Security Disability applicants turned down?
A.  Because many applicants don’t quite understand Social Security’s requirements it has set down.  You must be unable to do any type of work, not just what you are trained to do. For example, you probably don’t qualify for SSDI if you can do a sit-down job answering a phone. However, you may qualify if you have to elevate your leg above your heart for 2 hours in a 8-hour period that knocks you out of nearly all sedentary jobs.

The government provides Social Security Disability benefits for conditions that include:

–        Diabetes
–        Heart disease
–        Arthritis
–        Blindness
–        Orthopedic injuries
–        Paralysis
–        Neurologic disorders, and even
–        Depression and anxiety.

On your own it can be difficult to meet Social Security’s definition of disability, even if you are truly suffering from a debilitating condition that prevents you from working. As such, many people are turned down on their first try to obtain benefits. However, it is possible to appeal the decision, which in legal terms is asking for reconsideration. This will not automatically ensure that you receive benefits and if you are turned down again, you can then request a hearing before an Administrative Law Judge to plead your case. This is where the legal team at Affleck & Gordon comes in. We can help you appeal your case and prepare for a successful outcome.The sooner you start receiving disability benefits, the sooner you can get on with the life you deserve. Contact us today for your no cost, no obligation consultation.