Find the Help you need to get your Social Security Disability Benefits!

24/7 Toll Free Help Line
1-800-527-6015

Archive for January, 2012

« Older Entries

Consultative Examination – How long will it take for a SSA disability decision?

Tuesday, January 31st, 2012

Many Social Security Disability Insurance and Supplemental Security Income claimants assume that if the Social Security Administration has sent them to a consultative examination that this is a good sign for their claim and they are on their way to getting approved for SSA disability benefits.

When will I be sent to a consultative examination?

The Social Security Administration will only send Social Security Disability Insurance and Supplemental Security Income applicants to a consultative examination if they do not have enough medical evidence to determine from the claimant’s own medical records that they are disabled, the treating doctors failed to send the claimant’s medical records or the claimant has not seen the right doctor.

So right from the start, if you are scheduled for a consultative examination it means that your case lacks something significant: the proper medical files for a Supplemental Security Income or Social Security Disability Insurance disability determination. Unfortunately, this is never good.

How long after the Consultative Examination will I have to wait for a disability decision?

This question is very difficult to answer. If you have seen the consultative examiner you may have submitted your Social Security Disability Insurance or Supplemental Security Income application as many as three months prior. It may take an additional 30 to 90 days after the consultative examination for the consultative examiner to complete their report and send it back to Social Security Administration.

Processing times throughout the United States can also vary widely. There may be parts of the country which have a significant backlog of claims that must be processed.

If after the Disability Determination Services office receives the consultative examination report and finds the claimant disabled, according to the Social Security Administration they must “complete any outstanding non-disability development, compute the benefit amount, and begin paying benefits.” Unfortunately, there generally is a backlog of applications to process at every step in the Social Security Administration process.

How can I avoid a consultative examination?

Social Security Disability Insurance and Supplemental Security Income claimants who do not understand the disability evaluation process are frequently asking when the Social Security Administration will send them to a consultative evaluation or “medical exam” to determine disability.

This is a question only someone without knowledge of the disability decision making process would ask. The right question to ask is, “How can I avoid being sent to a consultative examiner?”

Consultative examinations should not be considered “medical care.” They are very cursory (often lasting for less than 10 minutes), they are generally not helpful to claimants, and they in no way should substitute for great, consistent medical care from a claimant’s treating physician.

So how do you avoid an examination? Go to the doctor. What if you do not have medical insurance? Find a way to prioritize medical care and go to the doctor. What if you are not following your doctor’s treatment plan? Find a way to follow your doctor’s treatment plan.

The bottom line for every Social Security Disability Insurance and Supplemental Security Income claimant is to get the best medical care that you can for your health conditions and do what your doctor recommends. If, after having done all of this, you still are unable to work for at least 12 continuous months, at least you will know you have done all you to help your disability claim.

Related articles
Enhanced by Zemanta

Tags: , ,
Posted in Disability Benefits, Social Security Disability, Supplemental Security Income | No Comments »

Social Security Administration Disability Benefits, Alcoholism and Drug Addiction

Sunday, January 29th, 2012

How does drug abuse and alcoholism factor into the Social Security Administration disability decision?

Many Social Security Disability Insurance and Supplemental Security Income claimants are either drug addicts, alcoholics or recovering from a serious drug or alcohol addiction and they are wondering whether the drug and alcohol addiction is considered a disability, and if it is not, how will the Social Security Administration make their disability determination. Does the Social Security Administration automatically deny all claims from drug and alcohol addiction applicants?

According to the Social Security Administration, if you have history of drug abuse or alcoholism the Social Security Administration must determine whether the abuse is a contributing factor which they consider material to your impairment.

According to the Social Security Administration, “Drug addictions or alcoholism cannot be considered a “disability” on the basis of that diagnosis alone; on the other hand, a diagnosis of drug addiction or alcoholism should not have an effect on a Supplemental Security Income or Social Security Disability Insurance evaluation that is adverse to the applicant. Drug addicts and alcoholics are subject to all the ills that may affect any other applicant. Drug addiction and alcoholism are diagnostic terms; they do not denote impairment value or severity. It is necessary to evaluate the severity of the impairment which may be associated with, manifested by, result from, or coexist with these diagnoses.”

Determining a Supplemental Security Income or Social Security Disability claimant is disabled

The Social Security Administration uses a five step sequential evaluation process to determine if you are disabled. The most basic steps are listed below.

  1. Are you performing substantial gainful activity? Claimants who are working too much are automatically denied disability benefits.
  2. Is your disability or condition “severe”? Claimants who do not have a severe condition are automatically denied Supplemental Security Income and Social Security Disability Insurance.
  3. Is your condition found in the Social Security Administration’s Listing of Impairments?
  4. Can you perform your current job or any past relevant work?
  5. Can you retrain any other type of new work?

Determining disability for alcoholism and drug addictions

If you are determined disabled by the Social Security Administration, after they complete the “normal” five step sequential evaluation process if you are dependent on drugs or alcohol, they will add an additional sixth step.

  1. Would your disabilities continue to exist if the if substance-abuse issues were gone? If the answer is no, Social Security Disability Insurance or Supplemental Security Income benefits will be denied. If the disability would persist, regardless of your addiction, benefits will be approved.

Proving step six in the sequential evaluation process can be tough for addicts. Contact a disability lawyer if you need more information.

According to the SSA, the decision will depend on “the severity of the impairment, as properly documented by the required medical findings, and, for appropriate cases, the limitation of function imposed on the applicant by the impairment in conjunction with applicable vocational factors. An individual may be a drug addict or an alcoholic and not be disabled if the evidence fails to show inability to engage in substantial gainful activity.”

Treatment and Payment Requirements for alcoholism and drug addictions

If the Social Security Administration determines you are disabled due to a disability but you have an addiction issue, you must undergo and complete an addiction-treatment program prescribed by a medical professional.  A representative will also receive your Supplemental Security Income or Social Security Disability Insurance benefits and help you manage your money by assigning you a representative payee.

Related articles
Enhanced by Zemanta

Tags: , ,
Posted in Disability Benefits, Social Security Disability, Supplemental Security Income | No Comments »

Supporting yourself while you wait for Social Security Administration Disability

Sunday, January 29th, 2012

Many claimants who apply for either Supplemental Security Income benefits or Social Security Disability Insurance have been out of work for weeks or months and are facing a serious financial crisis. One common question we get on our forum is, “What do I do for money while I wait for disability benefits to be approved by the Social Security Administration?”

The answer to this question obviously depends on many factors, but this blog will discuss some of the basic steps that you can take to weather the weeks, months or years that you may end up fighting for Supplemental Security Income or Social Security Disability Insurance benefits.

Will I have to wait months to get approved for Social Security Administration disability benefits?

One of the first questions claimants have when evaluating how to survive until they get their benefits is how long the disability determination process will actually be. Do some claimants actually wait years to get approved? Is there a way to expedite claims? Does everyone who applies get Supplemental Security Income or Social Security Disability Insurance benefits?

Many claimants who apply for SSA disability benefits will not be approved. Either they do not have enough work credits (for Social Security Disability Insurance), their income and resources are too high (for Supplemental Security Income), their condition is considered not severe enough, or their condition will not last for 12 continuous months.

There are many claims that can be expedited and approved immediately (compassionate allowance, TERS, wounded warriors), but most claims will not be approved immediately, and the claimant will have to appeal at least one denial (sometimes mores). Filing multiple appeals is what can add substantial time to processing a disability claim.

Financial options while waiting for Social Security Administration disability benefits to start

Making the assumption that the disability process may take months or years, you are probably wondering what you can do if you are not able to work. You may have a spouse who is working who can relieve some of the financial stress but what if you are single? There are options, but unfortunately, they are limited.

  • Save money BEFORE you quit working

This sounds idealistic and many families are struggling to barely make ends meet while they are working, but with the understanding that it may take months to get Social Security Disability Insurance or Supplemental Security Income, it is imperative that you begin to save a little bit each month into a special account to prepare for the time when you are no longer able to work.

  • Borrow money from friends or family members

Often borrowing money is not a good idea, and even in this case it should be a last resort, but if you have a family member or friend who is willing to help you out, it may be your only option.

  • Take out a home equity loan or personal loan

If you own a home and you have equity in your home you may be able to refinance the home and take some of your equity out of your home to help sustain you for a few months.

  • Work VERY part-time

It may be possible to work a few hours a week and still get approved for Social Security Disability Insurance or Supplemental Security Income. Keep in mind, performing substantial gainful activity will automatically result in a denial of SSA disability benefits.

Related articles
Enhanced by Zemanta

Tags: , , ,
Posted in Disability Benefits, Social Security Disability, Supplemental Security Income | No Comments »

Child Support and SSA Disability

Saturday, January 28th, 2012

Child support is provided to a child during their formative years. It is paid by one of the parents and is mandated by the court. The goal of child support is to ensure that if parents divorce or separate the child is able to maintain their current standard of living, which the court has determined should not substantially decrease due to the change in their living arrangement.

For example, if the custodial parent is unable to provide the financial support that the noncustodial parent enjoys, the assumption made by the court is that the noncustodial parent is responsible for paying an amount of child support that reflects their lifestyle. The courts often award child support as a percentage of the noncustodial parent’s income.

Child support may have to be paid by either the mother or the father and payments are made on a monthly basis. The optimum method of child support collection is done by payroll deduction prior to the parent receiving their wage. This type of payment structure has eliminated some of the law enforcement efforts that tend to be costly and time consuming.

How is child support paid if the paying parent is on SSA disability?

Many claimants want to know what will happen to their child support payments if the noncustodial parent becomes disabled and no longer has an earned income from employment, but is instead, relies on the Federal Government each month for financial support through either Supplemental Security Income or Social Security Disability Insurance. Whether or not your ex-spouse or partner’s disability benefits will be garnished for child support will depend on what type of disability payment they are receiving.

  • Social Security Disability Insurance

According to Social Security Ruling 79-4, “the Social Security Administration can withhold a percentage of a claimant’s Social Security Disability Insurance or SSDI benefits in an amount equal to what SSA could withhold to pay delinquent income tax debt.”

Prior to withholding any type of payment the Social Security Administration should notify the claimant 60 days in advance. So if your ex-spouse or partner is receiving Social Security Disability Insurance benefits the amount of payment could be reduced by the courts, especially if the monthly amount of SSDI benefits they are receiving is substantially lower than their prior wages, but you should continue to receive some type of child support payment.

  • Supplemental Security Income Benefits

Unfortunately, if your ex-spouse or partner does not qualify for Social Security Disability Insurance, which means that they have not been working and paying employment taxes and are not “insured” for SSDI benefits, assuming they are determined disabled by the Social Security Administration they will only be entitled to receive Supplemental Security Income (assuming they meet the income and resources requirements for SSI).

Supplemental Security Income is not generally seized for child support. The Supplemental Security Income payment is considered a “public welfare benefit” and is not derived from the claimant’s earnings record. Supplemental Security income is similar to other public benefits that are not seized such as food stamps.

So to answer the question, if your ex-spouse is receiving Social Security Disability Insurance, although the amount of child support paid may be reduced by the court, you should still receive some type of payment. If your ex-spouse is receiving Supplemental Security Income, you may not receive child support.

Related articles
Enhanced by Zemanta

Tags: , , ,
Posted in Disability Benefits, Social Security Disability, Supplemental Security Income | No Comments »

Sleep Apnea and Disability

Friday, January 27th, 2012

Can I get Social Security Disability Insurance or Supplemental Security Income for Sleep Apnea?

Sleep apnea causes a reduction of airflow during sleep. It is common in adults and generally treated through either surgical or nonsurgical means. The most common symptoms of sleep apnea are a break or loss of airflow which causes the sleeper to stop breathing, sometimes for as long as ten seconds.

The lack of oxygen, blood and breathing during sleep can lead to severe health issues. Resulting conditions can include high blood pressure, mood disorders, sleep, daytime drowsiness, anxiety, insomnia and headaches. Sleep apnea, if left untreated, can also lead to chronic heart failure.

How severe does my sleep apnea have to be to get SSD Benefits?

What does it mean to be disabled according to the Social Security Administration? Claimants must prove that they have a condition which is so severe that it does not allow the claimant to work for at least 12 continuous months.

Sleep apnea, although it can be severe, generally on its own does not qualify for disability benefits. What can happen, however, is claimants who have sleep apnea may also have other severe conditions, which in their totality may not allow them to maintain employment and perform what the Social Security Administration considers substantial gainful activity.

What conditions may help me qualify for disability benefits?

Claimants who have sleep apnea should also consider whether they may have additional conditions that contribute to their inability to work. For instance, does the claimant have hypertension, fibromyalgia, diabetes, mental conditions or chronic heart failure? These conditions, in addition to the sleep apnea, may be enough to convince the Social Security Administration that the claimant does not have the residual capacity to work.

Are you seeking the proper treatment for your sleep apnea?

Claimants must also get proper medical treatment for their condition. It will not be enough to claim that you do not have medical insurance or money to pay for a doctor. Claimants who have not been seeing a doctor or who have not followed the doctor’s treatment plan will not qualify for disability benefits. If a claimant does not follow the doctor’s treatment plan the Social Security Administration can very easily argue that if they were, they may be able to work.

Claimants who have sleep apnea must prove that they have tried the various methods of treatment, but these treatments have failed to cure their condition. Claimants need to have tried non-surgical options such as muscle relaxants, specialty sleep pillows, devices which help a sleeper avoid sleeping on their backs and weight loss (considered one of the most successful treatments for overweight claimants who have sleep apnea). Other more advanced treatment options may also need to be attempted including a CPAP, BIPAP, APAP or VPAP machines.

Hiring a Disability Lawyer

Claimants with severe sleep apnea, which has not improved after medical treatment, combined with other severe health conditions may be able to prove that they do not have the ability to work.

 

Claimants who do not understand what needs to be included on their Supplemental Security Income or Social Security Disability Insurance application should talk to a disability lawyer for more information.

Related articles
Enhanced by Zemanta

Tags: , , ,
Posted in Disability Benefits, Social Security Disability, Supplemental Security Income | No Comments »

Social Security Administration Disability- Do I tell the SSA if I move?

Friday, January 27th, 2012

It is not unusual for either a Social Security Disability Insurance case or Supplemental Security Income case to be initiated in one state and then somewhere in the process the claimant has to move. A common question claimants ask is, “Do I need to move my disability case when I move?”

This may seem like a strange question given that Social Security Disability Insurance and Supplemental Security Income benefits are federal benefits and are administered by the Social Security Administration. The decision making process and the award calculations are the same throughout the United States (with the exception of state supplemental payments for SSI). Given this fact, it is not unusual for some claimants to not contact the Social Security Administration when they move.

The general rule is if you are going to move and you have not initiated the disability process, wait to file your claim until you get settled. If you have to move and cannot wait to file, go ahead but contact the SSA as soon as you are in your new location. If your claim is being “processed” by the Social Security Administration and you have to move, make sure to contact them when you get your new address.

How does location affect the disability decision?

As mentioned above, the Social Security Administration has done a good job of establishing standardized procedures to ensure that all disability examiners use the same process to determine whether or not a claimant is disabled.

The Social Security Administration does, however, divide the United States into regions. Not only is your Social Security Administration and Supplemental Security Income application processed in a specific Social Security Administration regional office, if you are scheduled to have a hearing your application is sent to a specific Office of Disability Adjudication and Review (ODAR) for the hearing.

According to the Social Security Administration they have “10 regional offices, 169 hearing offices (including 7 satellite offices), 5 national hearing centers, and one national case assistance center. There are approximately 1,300 administrative law judges and 7,000 support staff in the field organization.”

For example, Region I is called the “Boston” region, although it services Boston, Hartford, Lawrence, Manchester, and several more cities. Each of the corresponding cities has a local ODAR office which services the local SSA field offices. For example, the Boston ODAR office services the field offices in the following cities: Boston, Brockton, Chelsea, Dorchester, Falmouth, Fitchburg, Farmington, Gardner, Hanover, Hyannis, Lynn, Malden, Norwood, Quincy Roslindale, Salem, Somerville, and Waltham.

It can become very clear that if your case is pending in the wrong court this can cause issues when your case is ready to be scheduled. You do not want a case to be scheduled in a court that is in a different state from your home state. Additionally, the wait to hear cases is very long and you do not want to do anything that can jeopardize your “place in line” for your Social Security Disability Insurance or Supplemental Security Income case.

Hiring a Disability Lawyer

Now if this is all confusing and you need help disability lawyers work on contingency fee basis and are ready to review your case at any time to find out if they can help you. The good news is they are only paid if they win your Social Security Disability Insurance or Supplemental Security Income case.

 

Related articles
Enhanced by Zemanta

Tags: , , ,
Posted in Disability Benefits, Social Security Disability, Supplemental Security Income | No Comments »

Supplemental Security Income- Denied because my husband is getting SSA Retirement benefits

Friday, January 27th, 2012

If you have been denied for Supplemental Security Income it can be for several reasons: the SSA has determined you are not disabled, your condition is not expected to last for 12 continuous months, your spouse makes too much money, or your family does not meet the income or resource requirements for the Supplemental Security Income program.

For your question we will assume that your condition is very severe and you may actually be disabled but you were denied for what the Social Security Administration likes to call a “technical denial” or nonmedical denial. These denials are difficult to appeal because unlike the subjective nature of the SSA claim that you are “not disabled,” if your husband makes too much money or your family’s resource level is too high, until something changes, you will always be denied Supplemental Security Income benefits.

What is Supplemental Security Income?

First and foremost, the Supplemental Security Income program was established as a cash assistance program for the aged, blind or disabled who did not have enough work credits to be considered insured for the Social Security Disability Insurance program and who have VERY limited income and resources. So if your income and resources are too high, regardless of your condition, you will be denied SSI benefits.

Are my resources too high for Supplemental Security Income?

It is not clear from your question if your spouse’s retirement income is too high or if you and your husband have too many resources. The Social Security Administration considers resources as things you own such as: land, vehicles, personal property, bank accounts, United States’ Savings Bonds, life insurance, and cash. The current limit for 2012 is $2000 per individual and $3000 per couple.

Not all resources are counted by the Social Security Administration. Currently, the SSA exempts the following resources:

  • Your primary residence and land
  • Personal effects and household goods.
  • Burial plots for your immediate family members
  • Burial funds for you and your spouse up to $1,500
  • Life insurance policies for $1500 or less
  • One vehicle
  • Grants, fellowships, or gifts which are set aside to pay for educational costs within 9 months after their receipt
  • Retroactive SSI or Social Security benefits for up to nine months after you receive them

Is my income too high for Supplemental Security Income?

Not only do your resources have to be limited, you and your spouse also cannot be making too much money. According to the Social Security Administration you must have limited income. Income can be earned income (wages), unearned income (Social Security benefits, pensions, state disability payments, unemployment benefits, and cash from friends and family), in-kind income (any food or shelter that you receive which is less than the fair market value), or deemed income (income from your spouse or parents).

There are some types of income that are not considered “income” by the SSA. For example, if your spouse’s income is all SSA retirement benefits it may not be considered, but if it rises to high and they have other types of income the SSA may consider it and “deem” a portion of it to you. If it rises too high, you may not be eligible for SSI benefits. Contact the SSA for more information about the deeming process.

So to answer your question, if you have been denied Supplemental Security Income by the SSA it sounds like they have determined that either your resource level is too high or your husband is making too much money.

Related articles
Enhanced by Zemanta

Tags: , ,
Posted in Supplemental Security Income | No Comments »

Can I work up until I receive Social Security Administration disability benefits?

Friday, January 27th, 2012

Many Social Security Disability Insurance and Supplemental Security Income claimants want to know if they can work up until they are awarded Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) benefits. This is a great question and sounds like a good idea, especially considering the Social Security Administration disability decision making process can take weeks, months or even years for some disability claimants, but the answer to the question goes to the fundamental definition of disability according to the Social Security Administration: If you can work you are not disabled.

That’s right; according to the Social Security Administration disabled by its very definition means you do not have the capability to perform what they call “substantial gainful activity” for at least 12 continuous months due to a severe mental or physical health condition.

So what if you can work or perform substantial gainful activity? If you are able to work right now or if you are working too many hours or making too much money the Social Security Administration will automatically consider you not disabled and will deny your Social Security Disability Insurance or Supplemental Security Income case, and they will do this without ever requesting your medical records or evaluating the severity of your health condition.

Common mistakes made by disability applicants

If you are currently working and performing substantial gainful activity you have several considerations to make. Either you must decide that your condition has become so severe you cannot work and you stop working and apply for benefits or you continue to work. Below is listed several things you DO NOT want to do.

  • Severely reduce your working hours instead of applying for disability

A common mistake made by many Social Security Disability Insurance or Supplemental Security Income claimants is reducing their hours gradually until they are working very part-time (less than substantial gainful activity). This may be one way to deal with your health limitations but because Social Security Disability Insurance is based on your average lifetime earnings, if your wages decrease substantially for many years the amount of SSDI you are entitled to receive (if you were to get SSDI) would decrease as well.

  • Quitting work and not applying for disability

Many claimants stop working because their disability makes it impossible to work but they do not apply for Social Security Disability Insurance. While you may be covered or insured by SSDI for a time, there is a date in the future (date last insured) that you will no longer qualify for SSDI benefits. If you quit performing substantial work due to a severe health condition, apply for Social Security Disability Insurance immediately. If you do not qualify for SSDI and you are applying for Supplemental Security Income this is not an issue.

  • Not saving money to support yourself while you are waiting for disability

If there is one thing a Social Security Disability Insurance or Supplemental Security Income claimant should do prior to quitting work it would be to make sure they have an emergency fund. Getting SSI and SSDI can be very difficult and it is important to have enough money to support yourself while you wait for the Social Security Administration to make their disability decision.

So, to reiterate the answer to the question, if you are working too much now you will be denied benefits, and although you may be able to work VERY part-time, you will not be able to work full-time and get SSDI or SSI benefits.

Related articles
Enhanced by Zemanta

Tags: , , ,
Posted in Disability Benefits, Social Security Disability, Supplemental Security Income | No Comments »

Not enough work credits for SSDI but I cannot work

Thursday, January 26th, 2012

Claimants are denied for Social Security Disability Insurance (SSDI) benefits everyday by the Social Security Administration because they are told they do not have enough work credits. Whether the worker worked for many years, stopped working and waited too long to apply for Social Security Disability Insurance (SSDI) or whether they have never worked, if they are disabled and can no longer work they may face a real dilemma. We will discuss the two scenarios in detail below.

 I Worked for years but did not apply in time for Social Security

Claimants who have worked for many years, sometimes “paying into the system” for twenty or thirty years, but who stop working and wait too long, are generally the most upset. If you worked and paid employment taxes for years you may have been under the assumption that disability was similar to retirement benefits and at any time you could apply and automatically receive your Social Security Administration disability payments.

Unfortunately, that is not how the system works. According to the Social Security Administration, in 2012, you earn one credit for each $1,130 of wages or self-employment income. When you’ve earned $4,520, you’ve earned your four credits for the year. The amount of work credits you will need to qualify for Social Security Disability Insurance will vary based on your age when you become disabled, but most claimants will need 40 work credits to qualify.

The catcher and it’s a big one is that “20 of the work credits you earn must be in the last 10 years ending with the year you became disabled.” So for example, if you are 54 years of age you will need 32 work credits to qualify for Social Security Disability Insurance (SSDI) and 20 of those must be earned in the 10 years before you became disabled.

Maybe you quit working 10 years ago and all of your work credits are too old. What are your options? You will have to find out what your date last insured was and see if you have medical evidence to prove you became disabled prior to this date. Talk to a disability lawyer for more information if you need help.

I have never worked. Can I get SSDI benefits?

Other claimants who are denied Social Security Disability Insurance (SSDI) are generally those who have worked sporadically over the years, never earning much and never paying into the Social Security Administration system. The fact that these claimants are expecting to qualify for Social Security Disability Insurance is a little more surprising, but it happens.

If you have not worked and have not paid taxes you will not qualify for Social Security Disability Insurance (SSDI).

What are my disability options?

For the first set of claimants who have not earned work credits recently enough or who are lacking just a few work credits, ideally, they would be able to return to work for a few years and generate enough work credits to qualify. They could also, as mentioned above, work with a disability lawyer to prove their disability started prior to their date last insured (DLI).

Claimants who have never worked will have to apply for Supplemental Security Income benefits.

Related articles
Enhanced by Zemanta

Tags: , , ,
Posted in Social Security Disability | No Comments »

Social Security Administration and Calculating my Disability Benefits

Thursday, January 26th, 2012

Social Security Disability Programs

There are two federally administered programs which provide monthly cash assistance for disabled claimants: Social Security Disability Insurance and Supplemental Security Income. The method used to calculate a claimant’s monthly disability payment will depend on whether the claimant is receiving Social Security Disability Insurance or Supplemental Security Income.

Social Security Disability Insurance (SSDI)

Social Security Disability Insurance is paid to disabled workers who have a severe mental or physical health condition which is expected to last for at least 12 continuous months and who are no longer able to perform substantial gainful activity.

The Social Security Administration will only award SSDI benefits if the claimant’s condition is long-term and the worker has earned approximately 20-40 work credits and is considered insured by the SSA. Work credits are earned by paying employment taxes.

Calculating Social Security Disability Insurance Monthly Payments

Social Security Disability Insurance Benefits are based the claimant’s average earnings and their payroll tax contributions to Social Security over the life of their employment.  The more the claimant has paid into Social Security, the more in monthly benefits they are entitled to receive.  The amount of SSDI monthly benefit varies by claimant.

How do you find out how much you will receive? There are three different ways:

  1. Review your Statement of Earnings which is sent to you each year by the Social Security Administration for an estimated payment amount.
  2. Visit the SSA website and use their disability estimator calculator for an estimated payment.
  3. You can also contact the SSA at 1-800-772-1213 for specific information. Recent updates to the Social Security Administration website indicate that they do not send claimants copies of their Statement of Earnings due to “budget constraints” so if you have lost your most recent Statement of Earnings Report you may have to simply use the calculator for an estimation.

Supplemental Security Income (SSI)

Supplemental Security Income is provided to the aged (65 years or older), blind or disabled who are not considered “insured” by the Federal government but need cash assistance to meet their minimum monthly expenses.

Supplemental Security Income is a “needs” based program and is only provided to claimants who have VERY limited income and resources and who meet additional non-economic considerations. Claimants who are attempting to qualify for SSI due to a disability must also be unable to work for at least 12 continuous months.

Claimants who do have enough work credits for Social Security Disability Insurance will not qualify for SSDI. There are no exceptions. Claimants who want SSDI but do not have enough work credits will have to return to work and earn more credits.

If that is not an option, claimants can apply for Supplemental Security Income benefits. Claimants who receive SSI have not paid anything into the “SSA system.” Their payment is based on the annual Federal Benefit Rate (FBR) and all claimants are entitled to receive the same amount (although the amount awarded can be lowered if the claimant is living with another person providing food or shelter, living with a spouse who is making an income or if the claimant is working and earning an income).

How much will a claimant make each month if they receive Supplemental Security Income? For 2012, the Federal Benefit Rate is $698 per month for an individual and $1,048 per month for a couple.  That means the most a claimant can receive individually from the Federal Government on SSI is $698 per month.  Some states, however, will add what they call a “state supplemental payment” which may make the claimant’s payment higher in certain states.

 

Related articles
Enhanced by Zemanta

Tags: , , , ,
Posted in Disability Benefits, Social Security Disability, Supplemental Security Income | No Comments »

« Older Entries




LeadRival LP BBB Business Review


Online Marketing for Lawyers