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Social Security Disability Lawyer – Do they ever work for free?

Thursday, February 23rd, 2012

It is not uncommon for certain types of lawyers to take case free of charge or “pro bono” either to generate goodwill in the community, or if it is a high profile case, to generate publicity.

Disability lawyers, however, work on a contingency fee agreement which means they are not paid unless they win your Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) case. They do not request any upfront payments to review your SSDI or SSI case or even argue your case in a Social Security Disability Administrative Hearing, but if you win, Social Security Disability Insurance or Supplemental Security Income you are required to pay them.

This fee structure is great news for Social Security Disability Insurance and Supplemental Security Income claimants because although they might be destitute and unable to pay their bills, they can still hire a professional disability attorney to help them win their SSDI or SSI benefits. The downside is the disability lawyer will not work for free and will expect payment after you receive your back pay from the Social Security Administration (SSA).

How is my disability lawyer paid?

Disability laws determine the maximum amount which can be charged by a disability lawyer. They are entitled to 25% of your back award up to the maximum of $6,000. This amount is periodically updated by the Social Security Administration. After you have hired a disability lawyer the proper paperwork (the fee agreement petition) must be accepted by the SSA. This agreement authorizes payment to your disability lawyer.

If you hire a disability lawyer they should have you sign the SSA-1696 which is sent to the Social Security Administration. All fee agreements should be reviewed prior to signing. Some lawyers may also charge for certain expenses such as getting copies of medical records, but many disability lawyers will waive this fee.

Disability lawyers who fail to follow the laws outlined by the Social Security Administration or who attempt to charge fees which are not allowed under Social Security Laws may be fined, barred, suspended or imprisoned. Disability law is highly regulated, and the Federal Government protects disability claimants from being taken advantage of by predatory lawyers. This is great news for disability claimants, many of whom are too sick to sufficiently protect themselves.

I have talked to a disability lawyer but they won’t take my case

Disability lawyers do have the right to refuse to take Supplemental Security Income or Social Security Disability Insurance cases. One of the benefits of the contingency fee agreement is you will not have to pay the disability lawyer money upfront or give them a retainer to take your case.

What’s the downside? If you do not have a strong case, if you have not seen a doctor, if you do not have medical evidence of your injury or illness or if you do not meet the nonmedical requirements of Supplemental Security Income or Social Security Disability Insurance a disability attorney will refuse to take your case.

What can you do if a disability lawyer refuses to take your case? If you have met the nonmedical criteria (you have sufficient work credits for Social Security Disability Insurance, you are not working, your condition is expected to last 12 continuous months, your income and resources are limited (Supplemental Security Income only) but you simply do not have sufficient medical records, it is time to see a doctor and get the medical information you need to prove you are disabled and you cannot work. Then return to the disability lawyer and see if they will help you.

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Disability Lawyer and Disability Advocate – What is an Authorized Representative?

Wednesday, February 22nd, 2012

If you have applied for Social Security Disability Insurance or Supplemental Security Income and you are one of the 70% who have been denied disability benefits, you might have considered hiring a professional to help you get benefits. You may have also heard you can either hire a disability advocate, who is a non-attorney representative, or you can hire a disability lawyer.

What does an Authorized Representative do?

Many claimants ask if they can represent themselves when they apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) or if they have to hire a disability lawyer or non-attorney representative. All claimants have the option of representing themselves in the disability process, but whether or not this is a good idea will depend on several factors:

  1. Does your condition automatically meet a listing on the Social Security Administration’s listing of impairments?
  2. Do you have the time to review the process and understand how the SSA makes their disability determination for Social Security Disability Insurance and Supplemental Security Income?
  3. Do you have difficulty communicating in English or do you have a limited education?
  4. Do you understand what medical conditions and symptoms are considered disabling?
  5. Are you too sick to manage the Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) process?

If you are denied the first time you apply for Supplemental Security Income or Social Security Disability Insurance you have 60 days to appeal your denial decision. Most claimants, if they are considering legal assistance, will talk to a either a non-attorney representative or disability lawyer at this point so they can get help with the appeal’s process.

So how do you decide if you should hire a non-attorney representative or a disability lawyer?

How are Disability Lawyers and Non-attorney Representatives paid?

Non-attorney representatives and disability lawyers are both paid on a contingency fee basis. This means that they are only paid if they win your claim. If you win they are paid 25% of the back pay up to a maximum of $6,000. It is unlikely that you will save any money by hiring a non-attorney representative.

Non-Attorney Representative

A non-attorney representative can actually be anyone you want to appoint to help you with your disability claim. The Social Security Administration simply states that they must be of “good character and reputation,” and they must not have been barred or prohibited from providing this service. Most likely you would hire a disability advocate who has helped other claimants win benefits and who has the appropriate professional skills and expertise.

Disability advocates can be extremely good. They may be someone who has worked for the Social Security Administration in the past or who has taken courses and classes to understand the process.

One benefit that is sited from some claimants is that a disability advocate may be able to provide more specialized, focused help and attention than a disability lawyer, who may have too many cases to focus their time and efforts on your case.

Disability Lawyer

A disability lawyer can also be an authorized representative. A disability lawyer is someone who is licensed to practice in the United States and has not been barred by the Social Security Administration from handling Social Security Administration (SSA) disability cases.

Disability lawyers specialize in disability law and understand the Social Security Administration (SSA) processes and disability determination process. The main complaint claimants make about disability lawyers is that they have too many cases or they do not do enough to expedite the disability claim. The first complaint may be valid; the second generally is not.

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Asperger’s and Supplemental Security Income benefits

Tuesday, February 21st, 2012

Children with Asperger’s Syndrome generally have developmental disorders which may make it more difficult for them to socialize or interact with others appropriately. Asperger’s Syndrome is generally grouped with other autistic disorders and is evaluated by the Social Security Administration under the pervasive developmental disorders.

Symptoms of Asperger’s Syndrome

Children with Asperger’s Syndrome are generally on the mild end of the autistic spectrum but can engage in the following types of behaviors:

  • Narrowed and focused view of topics
  • Lack of verbal communication
  • Awkward body movements or gestures
  • Inability to empathize with others
  • Inability to read other’s nonverbal cues
  • Monotonous tone or speech
  • Poor coordination

Asperger’s Syndrome may result in slow physical and social development. Lack of social interaction can extend into adulthood as individuals have an increased incidence of depression and other mental disorders.

Meeting a Listing for Asperger’s Syndrome

The Social Security Administration maintains a listing of all the conditions they find automatically disabling for children. Asperger’s Syndrome is evaluated under 112.00 Mental Disorders, Section 112.10 for Autistic Disorders and Other Pervasive Developmental Disorders.

According to the Social Security Administration, to meet this listing a child must have a condition which is “characterized by qualitative deficits in the development of reciprocal social interaction in the development of verbal and nonverbal communication skills and in imaginative activity.” The child with severe Asperger’s Syndrome would also have very restricted activities and interests.

The Social Security Administration would look for, “medical evidence of deficits in the development of reciprocal social interaction, verbal and nonverbal communication in imaginative activity, and markedly restricted repertoire of activities and interests.”

Comparisons in development for gross or fine motor development and cognitive/communicative functions are made with the child’s peer group to determine if the child is developmentally behind.

Does my child qualify for Supplemental Security Income according to the Social Security Administration?

Parents often wonder why their child does not qualify for Supplemental Security Income when they are clearly disabled or developmentally behind their peers. One reason many claimants are denied Supplemental Security Income is because their family does not meet the income and resource requirements of the SSI program.

Supplemental Security Income is only for families with VERY limited income and resources. If your child has severe Asperger’s Syndrome and meets the listing outlined above but your family does not meet the income and resource limitations, they will be denied SSI benefits. If your family makes too much money, your child will be denied Supplemental Security Income benefits, regardless of the severity of their condition.

If your child does not qualify when they are under the age of 18, it may be possible for them to qualify as an adult when they move away from home and no longer are supported by their parents. The qualifications for an adult with Asperger’s Syndrome are a bit different than that of a child. Claimants will not have to prove they are severely developmentally delayed or behind their peers, but instead, must prove that their condition is so severe they cannot work for at least 12 continuous months.

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Volunteer Work and SSA Disability Benefits

Tuesday, February 21st, 2012

Many Social Security Disability Insurance and Supplemental Security Income claimants want to know if they can volunteer when they are receiving Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) benefits. This is a great question and sounds like a good idea, especially if the severity of your condition varies and you have “good days and bad days,” 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.

So, what does this really mean? It means that the Social Security Administration considers that a disability, 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 is voluntary work considered “work”? Let’s take a look at what the SSA considers work for more information. The SSA considers work as working too many hours or making too much money. They call this performing substantial gainful activity. If the Social Security Administration believes you are performing substantial gainful activity they will automatically consider you not disabled and will deny your Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) case. They will do this without ever requesting your medical records or evaluating the severity of your health condition.

Volunteer work does not generate a profit

It is true that volunteer work does not generate a profit so it would pass the first test for work which determines if the work is gainful. Gainful work is work that produces an income of higher than a specific monthly amount. In 2012, the amount a non-blind claimant can make is $1,010 per month and a statutorily blind individual can make $1,690.

BUT the Social Security Administration (SSA) is also interested in whether or not the work is substantial. To determine if you are performing substantial work the SSA will look at the amount of time you are working and the physical and mental exertion.

So, consider the types of volunteer work you are performing and the amount of hours spent engaging in these activities. Depending on the complexity of the tasks and the amount of time you are dedicating to the activities, the SSA may determine that if you are able to perform the volunteer work than you could also engage in substantial gainful activity.

For example, if you are delivering meals for The Meals on Wheels program one time per week this might not be considered substantial, and the Social Security Administration (SSA) is unlikely to assume that one hour per week of driving a car would compare in complexity or  effort to maintaining full-time employment. But what if you were volunteering at a soup kitchen for 30 hours per week? It is not a stretch to assume that the Social Security Administration (SSA) may decide that if you could volunteer your time for this many hours each week you may be able to work a job.

What’s the Bottom Line?

When the Social Security Administration is evaluating your activities, such as volunteer work, they are evaluating not only your earnings but also whether or not the exertion (either mental or physical) is comparable to work. Keep in mind, your work may be substantial even if it is done on a part-time basis or if you do less, get paid less, or have less responsibility than when you worked before. If you are working too much when you apply for Supplemental Security Income or Social Security Disability Insurance the SSA will deny your claim, regardless of the severity of your health conditions.

 

 

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SSI and Medicaid Benefits

Tuesday, February 21st, 2012

One of the most common questions asked by disability claimants is, “Will I receive medical benefits with my Social Security Disability benefits?” This blog will specifically address Supplemental Security Income (SSI) benefits. If you have been approved for Supplemental Security Income it is likely you are more concerned with possible medical insurance benefits than the monthly cash SSI benefit. Claimants who have applied for SSI have very limited income and resources and it is likely they also lack good medical care. Unfortunately, as with most things related to the government, the process is not necessarily standardized and the Medicaid process can vary by state.

States will provide Medicaid coverage to Supplemental Security Income claimants. Medicaid, which is Title XIX of the Social Security Act, provides for the Federal Government to assist states with their medical program. The Federal Government provides to the states 50 percent of the administrative costs and 50 to 83 percent of other costs (as determined by a cost sharing formula). The Federal Government requires certain groups to receive mandatory coverage, but the states have the option to provide Medicaid benefits to other groups.

Generally, Medicaid will provide certain types of medical coverage for families which are low income or individuals who are blind, aged or disabled (with limited income and resources).

How do I get my Medicaid if I Supplemental Security Income (SSI)?

There are thirty-two states (and the District of Columbia) which use the Supplemental Security Income application as the Medicaid application. So, if you are approved for SSI in these states you will receive your Medicaid benefits in the same month as your Supplemental Security Income payment begins.

Other states (Alaska, Idaho, Kansas, Nebraska, Nevada, Oregon, Utah, and the Northern Mariana Islands) will also automatically award SSI recipients Medicaid but the Supplemental Security Income recipient must complete a separate application for Medicaid.

What happens in the other states? Some states have created their own eligibility rules for Medicaid and SSI recipients may not automatically qualify, the claimants will, however, have to complete a separate Medicaid application. These states include Connecticut, Hawaii, Illinois, Indiana, Minnesota, Missouri, New Hampshire, North Dakota, Ohio, Oklahoma, and Virginia.

As you can see, nothing is simple when it comes to medical coverage in the United States. The good news is that in most states you will receive Medicaid at the time you approved for SSI benefits. If you do not automatically receive Medicaid you must contact the Social Security Administration and find out what paperwork needs to be completed.

Hiring a Social Security Disability Lawyer

Getting the medical care you need at an affordable price can drastically improve your life. Contact a Social Security Disability lawyer if you have questions about qualifying for Medicaid or Supplemental Security Income benefits. Keep in mind, if you are receiving Social Security Disability Insurance you will not qualify for Medicaid but you will receive Medicare within 24 months from the date of your disability. Talk to the Social Security Administration  if you have been receiving SSDI for more than 24 months but have do not have Medicare coverage.

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Social Security Disability – Why won’t my doctor help me?

Monday, February 20th, 2012

One of the most common questions we get from Social Security disability claimants is, “Why won’t my doctor help me with my Social Security disability application?” Although this is a common question, it is unlikely that you will find a doctor who will complete a Social Security disability application for you, nor is it expected by the Social Security Administration.

How does the Social Security Administration Make the Disability Determination?

The Social Security Administration will request your most recent medical records, evaluate the records and determine if your conditions either meet a listing on the SSA Listing of Impairments or are so severe that they do not allow you to perform substantial gainful activity.

The Social Security Administration (SSA) will request information from your doctors, caseworkers, therapists, counselors, psychologists, and hospitals. If you have any recent records and you can make copies and give them to the Social Security Administration (SSA) this can expedite the decision making process. Waiting for medical records to be sent by the treating doctors is one of the main reasons the disability decision process takes so long.

Who completes the Social Security disability application?

If you want to apply for either Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI), it is up to YOU to complete the SSI or SSDI disability application. Can you hire a disability lawyer? Yes, you can and you can request help from friends or family, but the Social Security Administration (SSA) will not send the Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) paperwork to your doctors and they do not expect your doctors to complete the application.

Activities of Daily Living- Do I need to provide this information to the SSA?

Some claimants refuse to answer questions or put “not applicable” on all the questions they do not want to complete, than they complain that they keep getting denied. If there is any advice that claimants should heed it is this, “The Social Security Administration will not do the work for you. You will have to take a proactive approach to getting SSI or SSDI benefits.”

The Social Security Administration receives millions of applications each year. If you do not answer questions on your application this can add processing time to your application or can be viewed as “uncooperative” by the SSA.

For example, if the SSA asks what you do during the day and you answer not applicable, the SSA knows this cannot be true because everyone does something. If you sit in a chair all day because you do not have the physical capacity to go to the store or pay your bills or the mental capacity to “deal with other people,” this can be relevant to your Supplemental Security Income and Social Security Disability Insurance case.

What do doctors do to help you get Social Security Disability?

Do your doctors have a role in the disability decision at all? They will not be asked to make a disability decision. In fact, if they state you are disabled this will not guarantee you will receive benefits. The information they provide, however, is given considerable weight in the decision, especially if there is additional medical evidence to support their claims (laboratory findings, blood reports, MRIs, X-rays, etc.).

The most important thing your doctor can do is provide clear medical evidence in your medical files which states how your ability to work is severely limited due to your physical or mental health conditions.

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Supplemental Security Income – Can my child qualify?

Sunday, February 19th, 2012

If you are under the age of 18 years of age the Social Security Administration considers you a child. If you are disabled, according to the Social Security Administration’s definition, you may qualify for disability based on your own medical record through the Supplemental Security Income (SSI) program.

Supplemental Security Income (SSI) should not be confused with Social Security Disability Insurance which is awarded to disabled workers, although some children may qualify for auxiliary benefits from their parents under this program. Children are not paid SSDI benefits based on their own medical record unless they were the child of an eligible worker and they became disabled prior to the age of 22. Under this situation they may continue to receive SSDI benefits even after they pass the age of maturity. Other children will become ineligible for Social Security Disability Insurance  (SSDI) auxiliary benefits when they reach age 18 or 19 (if they are attending school).

How can my child get Supplemental Security Income (SSI)?

Supplemental Security Income for children is awarded to those individuals who are blind or disabled. For adults, the SSA evaluates whether or not the claimant can work and perform substantial gainful activity. Children, however, because they do not work, have a different standard.  Instead of evaluating whether a child can work, the SSA will determine if the child’s conditions are “marked and severe.”

The Social Security Administration maintains a list of conditions which it considers automatically disabling. This listing is called the Social Security Administration’s Listing of Impairments or Blue Book. There is an adult guide and a children’s guide. When the SSA receives a child’s application for Supplemental Security Income they will first determine if the child meets the income and resource limitations for the SSI program and then they will evaluate whether the child’s condition is listed in the SSA Blue Book or equals a listed condition.

What is Marked and Severe?

When evaluating whether or not a child’s condition is marked and severe the SSA will determine if the child’s condition causes “marked limitations” in certain areas of functioning or “extreme limitations” in one area of functioning.

Severe is defined as “more than mild or slight.” Obviously, there is a bit of subjectivity to these definitions, and the SSA will rely heavily on evidence provided by the child’s doctors, therapists, school counselors, teachers, etc.

Medical and school records will be evaluated to determine how well a child functions in specific social settings as well as their academic record. The Social Security Administration is specifically evaluating how they are performing compared to their peers to make a determination if their condition is “marked and severe.”

My child is in special education classes. Are they disabled?

Although attendance in special education may be one indication that a child has marked and severe limitations, it will not guarantee that they will be determined disabled. There are some children with mild limitations that are in special education, and many other children with marked and severe limitations which have been “mainstreamed” into the standard classroom setting.

Does the Social Security Administration consider the parent’s income?

As mentioned above, Supplemental Security Income (SSI) is only awarded to claimants who have VERY limited income and resources. The Social Security Administration (SSA) will consider the income of the family in their nonmedical evaluation of income and resources (if the child is living with the family and they are providing income and financial support to the child).

 

 

 

 

 

 

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Social Security Disability – What changes do I report?

Saturday, February 18th, 2012

Some Social Security Disability claimants want very little to do with the Social Security Administration (SSA) after the Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefit have been awarded. This is understandable, especially if you fought months to win your SSI or SSDI benefits, but under some conditions, you must contact the Social Security Administration (SSA) and report changes to your living situation or you may either miss out on SSI or SSDI benefits you are entitled to receive or worse, end up repaying money in which you were not entitled.

In the worst situations, if you continue to receive Social Security Disability Insurance or Supplemental Security income payments that you are not entitled to receive you could be prosecuted for disability fraud.

When do I contact the Social Security Administration?

1.    You move to a new address

Moving is stressful but if you are receiving a check from the Social Security Administration you need to contact them and give them your new address and phone number. Some claimants who receive a direct deposit for their Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI)  into their bank account may not think this is necessary, but the SSA will periodically need to send you information and all changes in address must be reported to them.

2.    Your medical health condition changes

If your medical health condition changes and you are able to return to work you are expected to notify the Social Security Administration. If you do not do this and you are paid money you are not entitled to receive, you may be forced to repay the Social Security Administration (SSA).

3.    You return to work

Many workers return to work and do not notify the Social Security Administration. This is a mistake. The SSA has programs to help workers make work attempts for a specified time period without losing their medical insurance or disability benefits (the process of SSDI and SSI vary).  Claimants who attempt to work and are unable will continue to receive their benefits. Claimants who return to work for more than nine months but later determine they cannot work may, under certain conditions, be able to quickly reinstate their benefits.

4.    When you leave the United States

Claimants who are United States citizens who reside outside the United States can generally continue to receive benefits with little difficulty. Claimants who are not United States citizens but are considered “aliens” may have more difficulty keeping their benefits and may have to either return to the U.S. every 30 days or for 30 consecutive days in a 6 month period. For questions concerning your right to continue receiving disability benefits when you travel abroad it is best to contact the Social Security Administration. There are various treaties and international agreements which may affect your right to disability payments.

5.    When you get married or divorced

Marriage and divorce can affect disability payments, especially for claimants receiving Supplemental Security Income benefits. For children receiving an auxiliary benefit, their payments may be terminated when they marry. If you are married and receiving SSI benefits and you divorce, your payments may go up (if your SSI payments were less than the full Federal Benefit Rate because of your spouse’s income). If you did not qualify for SSI benefits due to your spouse’s income, you may qualify if you divorce if you can prove that you are disabled and have limited income and resources.

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Supplemental Security income- Common Questions Part II

Thursday, February 16th, 2012

Claimants have many questions when they are attempting to get Supplemental Security Income benefits (SSI). This blog will address several of the most common questions.

1.    Do my kids qualify for payments if I am receiving Supplemental Security Income (SSI)?

Many claimants do not understand that Supplemental Security Income benefits (SSI) are not offered to a claimant’s dependent children. This can be especially confusing if the claimant knows someone who is receiving disability benefits and their children are also receiving payments.

In these specific cases if the dependent children are receiving Social Security disability auxiliary benefits (benefits paid to dependent children and spouses) it is because the disability claimant is receiving Social Security Disability Insurance (SSDI) and not Supplemental Security Income (SSI)

SSDI is based on the claimant’s work history. If they qualify for SSDI it means the claimant has worked, paid taxes and has earned what the Social Security Administration (SSA) calls work credits. If the claimant has enough work credits and has contributed enough into the Social Security Administration system, when they become disabled their children may also qualify for SSDI auxiliary benefits. These benefits are not available for Supplemental Security Income claimants.

2.    How will the Social Security Administration determine if I am disabled and qualify for SSI benefits?

Claimants who are aged, blind or disabled and who are unable to work for 12 continuous months may receive Supplemental Security Income if their resources and income are limited. The method used to determine if a claimant is disabled for SSI is the same method used to determine if a claimant is disabled for SSDI.

This means that if you have been awarded SSI benefits it is because you did not have enough work credits for SSDI. This is the only difference between why a claimant would get SSI vs. SSDI.

So how does the Social Security Administration (SSA) make their disability determination? They review the claimant’s medical records and decide if the claimant is working, if the claimant’s condition is severe, if the claimant’s condition is expected to last for 12 continuous months, and if the claimant’s condition is on the SSA Listing of Impairments. If their condition is not on the listing they will use a process called a medical vocational allowance to determine if the claimant is able to work their previous job, their current job or retrain for new work.

This entire process is called the sequential evaluation process and it is a five step process which is used by all disability determination services offices.

3.    What resources and income can I have and still qualify for Supplemental Security Income?

Whether a claimant applies for Supplemental Security Income or Social Security Disability Insurance they cannot be working and performing what the Social Security Administration (SSA) calls “substantial gainful activity.” If the claimant is working at this level they will be denied Supplemental Security Income benefits even if their condition is very severe and expected to last for 12 continuous months.

The amount of resources claimants are allowed to have is a bit more confusing. In general, individuals can have $2,000 in resources and couples can have $3,000, but there are many resources which are exempt and are not included in the resource calculation.

 

 

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Supplemental Security Income – Most Common Questions Part I

Wednesday, February 15th, 2012

If you have applied for Supplemental Security Income (SSI) or you have considered it, you most likely have questions. Can I get SSDI instead? How long does it take to get SSI benefits? How much can I expect to receive each month? In this blog we will discuss each of these common Supplemental Security Income questions.

 1.    Can I get Social Security Disability Insurance (SSDI) instead of Supplemental Security Income (SSI)?

This is the most common question our forum receives about SSI benefits and the answer is generally no. Why? Because if you have been awarded Supplemental Security Income the Social Security Administration agrees that you are disabled, but they have evaluated your work history and determined you did not have enough work credits for Social Security Disability Insurance.

What does this mean? You either worked in the past but it has been too long ago and you are no longer insured, you have not worked or you have worked but you did pay employment taxes. To find out for sure you will have to contact the Social Security Administration (SSA) or review your most recent Statement of Earnings that the SSA sends to you each year. The Social Security Administration (SSA) does not provide extra copies to applicants at this time due to budget constraints, but they do have a benefit estimator calculator on their website that you can reference for more information.

2.    How long does it take to get Supplemental Security Income (SSI)?

Whether you apply for SSI or SSDI there is a good chance that you will have to wait months to get benefits. Yes, some claimants are approved immediately or are eligible for some type of payment while the Social Security Administration (SSA) makes their disability decision, but most claimants have to wait in “line” as the Social Security Administration (SSA) evaluates thousands of applications.

If you meet the nonmedical requirements of SSI (your condition is expected to last for 12 continuous months, your income and resource level is limited, and you are not working at a substantial level) the SSA will have to request medical records from your treating sources. Some claimants, who do not have sufficient medical records, will have to be sent to a consultative examiner, adding weeks onto their wait time.

Ideally, your claim would be approved the first time you apply, but if not you might have to appeal your claim multiple times and it could take months to be approved. Some claimants will never be approved, regardless of whether or not they file multiple times or make multiple appeals.

 3.    How much will my Supplemental Security Income payment be each month?

Unlike Social Security Disability Insurance where the benefit payment is based on the average earnings and contributions of the worker, SSI is based on the Federal Benefit Rate. The amount paid in 2012 for a qualifying individual is $698 and for an individual with an eligible spouse they can receive $1048.

The story can get a bit more complicated. If you are working or if your spouse is working the amount you are eligible to receive can be reduced. Additionally, if you are living with someone providing food and shelter, the amount you receive can be reduced.

Some states also add a supplemental payment so the state you live in can also change your Supplemental Security Income payment.

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