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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.

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Can I switch from Supplemental Security Income to Social Security Disability Insurance?

Thursday, January 19th, 2012

A common question we get on our disability forum is, “Can I switch from Social Security Disability Insurance to Supplemental Security Income benefits?”

This question shows that claimants are not quite sure about what type of Social Security Administration disability benefit they are receiving, what the disability criteria is for each program and why they were awarded one disability benefit by the SSA versus the other.

Before answering the question it will help to explain the disability process and how the Social Security Administration makes their disability determination.

Steps to determine what disability benefit a claimant should receive

The Social Security Administration first receives the claimant’s disability applications at the Social Security Administration field offices either by telephone, online or in person. Each field office is responsible for checking and verifying the claimant’s nonmedical requirements which includes the claimants age, marital status, employment history and whether or not they have enough work credits to be considered “insured” for Social Security Disability Insurance.

If for instance, the Social Security Administration determines the claimant does not have enough work credits for Social Security Disability Insurance benefits they may then determine if their resources or income is low enough for Supplemental Security Income benefits. If the claimant does not meet either of these qualifications their disability application is rejected without ever being sent to the Disability Determination Services office (DDS) for a medical review.

Now for claimants who have sufficient work credits to be considered insured, their Social Security Disability Insurance application is forwarded to the DDS office (“fully funded state agencies responsible for requesting medical evidence and making the initial determination on whether or not a claimant is disabled or blind under the law”).

If the claimant does not have sufficient work credits to qualify for Social Security Disability Insurance but their income and resources are below the allowable limit for Supplemental Security Income, their Supplemental Security Income application is also forwarded to the DDS office for a medical review.

At the DDS office the process for determining disability for both Social Security Disability Insurance and Supplemental Security Income are the same.

So what does this mean? It means that if whether you are receiving Supplemental Security income or Social Security Disability Insurance benefits the Social Security Administration is agreeing that you are fully disabled with a severe mental or physical health condition which does not allow you to work for 12 continuous months.

Why did I get SSI instead of SSDI?

The only reason that a claimant would not receive SSDI but would receive Supplemental Security income instead (as a disabled claimant) is because the Social Security Administration had previously determined the claimant was not insured and did not qualify for Social Security Disability Insurance.

Final steps in the Social Security Administration disability process

If the claimant is found disabled by the Disability Determinations Services Office then their application is sent back to the appropriate field office for additional processing. If the applicant has been awarded Social Security Disability Insurance or Supplemental Security Income the SSA office will compute their disability payment amount and begin the payments. If the disability applicant is denied benefits the SSA office will send them a denial letter which states why they were denied and the steps to appeal the denial decision.

So can you switch from SSDI to SSI? Although you can contact the SSA to verify, most likely the SSA already determined you did not qualify for Social Security Disability Insurance.

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Disability Determination for Social Security Disability Benefits

Monday, October 25th, 2010

Claimants who are working or who have a partial or short-term disability that is not expected to last at least 12 months will not qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). Social Security Disability benefits, administered by the United States Federal government, are long-term disability benefits available for claimants who are completely disabled by one or more mental or physical health conditions and are unable to work for at least 12 months.

How does the Social Security Administration make their disability determination? First they will ensure each claimant meets the non-medical criteria for the applicable disability program. Claimants who have enough work credits for Social Security Disability Insurance or meet the resource and income limitations for Supplemental Security Income will have their Social Security Disability application sent to the Disability Determination Services office for further review.

The Disability Determination Services office gathers all relevant medical documentation from the claimant’s medical sources (hospitals, clinics, doctor’s statements and lab reports). Social Security Disability claimants who lack the proper medical information to prove their medical claim are sent to a Consultative Examiner for a diagnostic review. The Consultative Examiner is responsible for sending a medical report to the disability examiner for review. After the disability examiner has reviewed the claimant’s medical case file and the report from the Consultative Examiner, they will make a disability determination.

How is the disability determination made? The disability examiner uses what the Social Security Administration calls the “sequential evaluation process” to determine disability. The main points of the sequential evaluation are as follows:

  • Is the claimant engaged in substantial gainful activity? Work is considered substantial if the claimant is making a minimum amount or $1,000 per month in 2010. Work can, however, be considered substantial even if a profit is not realized. For instance, a self-employed worker may be performing substantial work even if their business operating at a loss.
  • Does the claimant have a severe mental or physical health impairment? The claimant can have one or more conditions, and the conditions will be considered in their totality. According to SSR 96-4p, claimants must have a medically determinable condition which can be substantiated by medical evidence.  The claimant’s mental or physical health condition must be expected to last 12 months, but the claimant does not have to wait 12 months to apply for Social Security Disability benefits.
  • Is the Social Security Disability claimant’s condition found in the Social Security Administration’s List of Impairments? Claimants with a mental or physical health condition which meets or exceeds a listing will be awarded benefits. Claimant’s whose condition does not meet a listing must meet the additional criteria listed below.
  • Can the Social Security Disability claimant work their past job? All work the claimant has performed within the last 15 years will be considered relevant. It is not unusual for a claimant to be unable to perform past relevant work, but they will only be awarded disability benefits if they can pass the next test.
  • Can the Social Security Disability claimant work any other jobs available in the national economy? The Social Security Administration will evaluate a claimant’s ability to be retrained for additional work based on their age, educational level and work experience. It does not matter if the claimant wants to perform the job or they could be hired, only if they have the residual mental or physical functional capacity to work.

The disability determination process is complicated, and the Social Security Administration has very specific rules and processes they must follow to make a disability decision. If you have questions regarding the disability decision process contact the Social Security Administration or a Social Security Disability lawyer for more information.

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The Social Security Disability Five Step Sequential Evaluation Process

Wednesday, October 13th, 2010

Qualifying for Social Security Disability benefits can be a complicated process. Claimants applying for Social Security Disability Insurance (SSDI) must have enough work credits to qualify. Claimants applying for Supplemental Security Income must meet income and resource requirements. Claimants must be determined disabled and have a severe mental or physical health condition which is expected to last at least 12 months or result in the claimant’s death to qualify for both programs.

State disability determination offices will review the claimant’s Social Security Disability application and gather medical evidence from the claimant’s doctors, hospitals, clinics and any other medical facility which have treated the claimant. The disability determination center will find answers to the following questions:

  • What is the claimant’s medical condition?
  • When did the claimant’s medical condition begin (onset date)?
  • What are the mental or physical limitations caused by their mental or physical health c condition?
  • What types of treatment has the claimant received?
  • What medical tests has the claimant received?

The Social Security Disability Five Step Sequential Evaluation Process

After the Social Security Administration has gathered all of the claimant’s medical records it is time for them to make their decision. To do this the Social Security Administration uses a five-step decision making process called the Sequential Evaluation Process.

1.     Is the claimant engaged in substantial gainful activity (SGA)?

The Social Security Administration will evaluate the earning capacity of the claimant and determine if they are able to work despite their impairment. Work or “substantial gainful activity” is currently defined as making a gross income of more than $1,000 per month for 2010 (the amount varies for claimants with Social Security Disability blindness). This amount is updated periodically by the Social Security Administration.

The type or severity of the claimant’s condition is not considered if they are making too much money, in fact, in most cases if the Social Security Disability Field Office has properly evaluated the claimant’s SSD application the claimant’s application will be denied before it is forwarded to the disability determination office. If the claimant is not working at SGA level, the DDS office will proceed to step number 2.

2.     Is the claimant’s condition “severe”?

Conditions must be considered severe and be expected to last at least 12 months or result in death. Social Security Disability benefits are not awarded for partial disabilities or short-term disabilities. Severe conditions are those which significantly limit the claimant’s ability to perform basic work activities such as: walking, standing, lifting, stooping, performing simple routines, speaking, etc.

3.     Does the claimant have a mental or physical health condition which meets or equals a listing?

The Social Security Administration publishes a listing which identifies impairments by body system. Each listing describes conditions and symptoms which must be present for the DDS to consider the impairment severe. Claimants may review their condition in the List of Impairments to determine if they qualify for disability benefits. If the claimant’s condition does not meet a listing they may still qualify for benefits but they must pass the next 2 steps in the SSA sequential analysis.

4.     Can the claimant do the work they have done in the previous 15 years?

What happens if the claimant’s condition is severe but it does not meet a listing? The DDS examiner must determine if the claimant’s condition is severe enough to affect their ability to work. This is done by examining the claimant’s Residual Functional Capacity. Work history information is documented on the claimant’s work history form. DDS examiners will evaluate the work history form and analyze the activities the claimant was required to perform for jobs in the past 15 years. For example, the examiner might analyze a job and determine how much the claimant had to sit, stand, bend, twist or crawl. The examiner will compare the job requirements to the residual functional capacity of the claimant and decide if the claimant can do the work they have done given their current level of physical or mental functioning. Claimants who are unable to perform their past jobs will move on to step five.

5.     Does the claimant’s condition prevent them from performing any other type of work?

If the Social Security Administration determines the claimant can not do past relevant work due to their mental or physical impairments they will consider their claimant’s ability to be retrained for a new job. The DDS examiner will consider the residual functional capacity outlined in step four and additional vocational factors including the claimant’s age, education and work experience. Given all of these factors, the DDS examiner decides if the claimant can adjust to another type of job. Claimant’s who can not work any other type of job will be considered disabled.

Understanding the Social Security Administration’s List of Impairments, how to complete your work history forms and having your doctor document your residual functional capacity are important steps in the disability determination process. What can you do to help? Make sure to get consistent medical care for your mental or physical impairment. Develop a strong doctor/patient relationship with your primary care physician. Talk to a Social Security Disability lawyer who can answer your questions and make sure you get the Social Security Disability help you need.

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Social Security Notice of Denial and What this Means for You

Monday, September 27th, 2010

Social Security Disability benefits are denied for a variety of reasons. If you have been denied either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits it could mean you may have failed to meet the nonmedical conditions and you have insufficient work credits for SSDI or you have too many resources or income to qualify for Supplemental Security Income. Social Security Disability benefits are also denied for medical reasons which means the Social Security Administration has determined either your condition or illness does not meet the Social Security Administration’s definition of “disabled”, or you did not have sufficient medical evidence to prove you were disabled.

Countless Social Security Disability claims are denied each year and many of those claims are legitimate. Some claimants have had success winning Social Security Disability Insurance or Supplemental Security Income by contacting a Social Security Disability attorney to review their SSDI or SSI claim and file a Social Security Disability appeal.

What a Denial Means For You?

So you have filled out the Social Security Disability application, sent it to the Social Security Administration and patiently waited months for the decision. Now you are staring at a denial. You may be frustrated, sick and angry. What does this denial mean for you? Does it mean you will never get Social Security Disability benefits? What is the next step?

The good and bad news is you are not alone. Over 75% of first time SSD applications are denied. As mentioned before, many of these claims are legitimate, and the claimants will eventually be awarded benefits. If you are staring at a denial letter, if you are disabled with a mental or physical health condition that keeps you from employment and is expected to last for at least 12 months, it is time to file your Social Security Disability appeal.

Many claimants never file a Social Security Disability appeal and simply keep refilling for benefits over and over again. This may seem like a simpler solution but unfortunately this decision generally renders the same decision. New Social Security Disability applications are reviewed by the Disability Determination Services office (DDS). DDS examiners are responsible for analyzing each Social Security Disability application and making a medical determination about each claimant’s case. The DDS examiners have very strict, formalized criteria which they use for this review, and although your second application probably will not be reviewed by the same examiner, in most cases, the second examiner will make the same decision.

Filing a Social Security Disability Appeal

Filing a Social Security Disability appeal is often the best course of action for most claimants because it allows the claimant an opportunity to eventually present their SSD case to an Administrative Law Judge. Administrative Hearings are generally the third step in the Social Security Appeals process, and they allow claimants a chance to meet the decision maker face to face, offer medical evidence and present witnesses for their case. Judges are not bogged down by strict guidelines and oversight, and statistically, claimants have a forty-percent chance of winning their Social Security Disability benefits in an Administrative hearing even if they choose to fight for benefits without the help of a Social Security Disability Attorney. Claimants who choose to hire a Social Security Disability attorney have an even higher chance of winning Social Security Disability benefits.

How can a SSD lawyer help? Lawyers can gather recent medical evidence, present information about your residual functional capacity for working and question the vocational and medical experts.

Don’t keep applying over and over again for Social Security Disability benefits, remaining in an endless cycle of repetitive denials. Talk to a Social Security Disability lawyer about what type of evidence you need to win your Social Security Disability claim.

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Social Security Disability and your Work History

Monday, September 20th, 2010

The Social Security Administration will determine a claimant is disabled if they have a severe impairment and are unable to work at least 12 continuous months. They may qualify for Social Security Disability Insurance if they have worked and earned enough “work credits”. If they do not have sufficient work history, but they are limited in resources and income, they may qualify for Supplemental Security Income.

Evaluating Work History

It is difficult to understand how your work history affects your ability to win Social Security Disability benefits without understanding the disability determination process. The main objective of the SSA is to determine whether or not the claimant’s condition is so severe they are unable to work. To do this the Social Security Administration analyzes your residual functional capacity and work history to decide if you can work your current job or any other job you have performed in the last 15 years given your mental of physical limitations.

The Disability examiner will analyze your work history, only considering jobs which lasted for 3 months or longer and which were performed at SGA level. The examiner will match past jobs to jobs listed in the SSA’s Dictionary of Occupational Titles and rate the physical and mental requirement of each job. If the disability examiner determines that you do not have enough RFC or residual functional capacity to perform any of your past work they will decide if you are able to be retrained for a new job.

For example, if you are a 24 year-old construction worker who has a college degree and has worked several other types of skilled office positions and the DDS determines you are not able to return your construction job due to a leg injury or some other physical impairment they may decide, based on residual functional information from your doctors, you are able to perform work at a light exertion level. Next they will decide if given your age, educational level and work skills if you could retrain for another type of job. If they decide you could, you will be denied Social Security Disability Insurance or Supplemental Security Income benefits.

In some cases your work history or age may be benefit your case. For instance, if you are a fifty-five year old construction worker who did not graduate from high school, has always worked heavy labor, and is now required to do sedentary work the DDS may determine given your work history, education level and your age you it may be impossible for you to retrain for a desk job and will therefore be awarded disability benefits.

The Social Security Administration not only considers a claimant’s mental or physical health condition, they also analyze a claimant’s residual functional capacity, age and other factors to determine a claimant’s ability to maintain employment. The evaluation process can be complicated, and disability examiners can use a variety of tools created by the SSA such as vocational guidelines and GRID rules to help make their disability decisions. If you are unsure of whether or not you meet the definition of disabled according to the Social Security Administration, contact a Social Security Disability lawyer for more information.

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How Can You Prove a Social Security Disability Case?

Monday, August 23rd, 2010

Do you suffer from a physical or mental health condition which is considered severe? Are you unable to work? If your condition is expected to last at least 12 months or result in death you may be able to receive Social Security Disability benefits.

Some applicants assume getting Social Security Disability benefits is as simple as producing a doctor’s note which states they are disabled. If only it were that simple. Unfortunately, the process can be cumbersome and complex. Claimants may be denied Social Security Disability benefits multiple times before they are eventually approved.

How can you prove you are disabled and unable to work? You must get medical care and accumulate medical records which can prove your condition. Many claimants do not have a job or medical insurance thus making it nearly impossible to get good medical records. Unfortunately, without medical records claimants filing for Social Security Disability benefits are unable to prove to the Social Security Disability Determination Services (DDS) that they are disabled and will be denied Social Security Disability benefits.

What can a claimant do if they do not have medical documentation for their condition? This question is asked everyday, “How do I see the doctor if I do not have any money?” It can be difficult, but it is not impossible. If you have ever had medical coverage and seen a doctor for the conditions you are filing for you may be able to establish your alleged onset date. Current medical records may be obtained by visiting free local clinics in your area, and claimants may be able to request the same doctor for each visit to establish a doctor/client relationship. Visiting an emergency room would also be a last resort for diagnosing a condition.

Claimants who file for Social Security Disability Insurance or Supplement Security Income benefits without medical records may be sent for consultative exams by the disability examiner who is reviewing their Social Security Disability claim. Social Security Disability claims have been won based on the recommendations of the consultative examiners, but this is unlikely to occur if the claimant’s condition does not meet or equal a listing found on the Social Security Administration’s List of Impairments. Consultative examiners are not offering treatment for claimants but rather simply identifying impairments. Their ability to diagnosis a claimant will be limited by their lack of historical medical information and their lack of a patient/doctor relationship.

What if you have solid medical evidence of your severe medical condition but Social Security Disability benefits have still been denied? What else can you do? Winning Social Security Disability benefits may be as simple as hiring a competent Social Security Disability lawyer to plead your Social Security Disability case. Social Security Disability attorneys can review all of your medical records, gather residual functional capacity forms from your doctor and argue your case before the Administrative Law Judge at your Social Security Disability hearing.

A solid diagnosis, complete medical records, evidence establishing you are unable to work at your current job or be retrained for any other job is just the first step in the Social Security Disability process. It is time to talk to a Social Security Disability attorney and put the finishing touches on your Social Security Disability claim.

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