Tag: ssdi

Categories
Legal Social Security Disability

Non-Medical Requirements Needed For SSDI

What Are the Non-Medical Requirements Needed For SSDI

There are a number of qualifications needed to apply successfully for Social Security Disability Insurance benefits. When you apply, the Social Security Administration will look at a variety of factors to see if you qualify, and there are the standard requirements of being able to show medical proof of disability, but there are non-medical requirements as well.

Social Security Disability Insurance Requirements

To qualify for Social Security Disability Insurance benefits, you must show medical and non-medical needs. There are three basic conditions for being considered eligible for SSDI payments, they are:

  1. You must show a “medically determinable” disability that significantly limits your ability to be gainfully employed.
  2. Your medical condition must either be terminal or be expected to last no less than 12 months.
  3. You must have earned a sufficient number of standard work credits with the Social Security Administration.

When used to consider the eligibility of SSDI recipients, gainful employment is defined by the SSA as earning or being able to earn, about $1,300 per month or more. This limit is $2,190 if your disability is blindness.

In addition to the medical requirements of proving a medically determinable disability, and that the disability is expected to last a minimum of 12 months, or result in the death of the recipient, there is a need to show that you are “insured” with the Social Security Administration by having earned enough work credits during the time you were employed.

Non-Medical Requirements

When you are employed, you pay federal Social Security payroll taxes, a portion of which is FICA. Taxes collected under FICA go into the Social Security trust fund and are used to pay SSDI benefits to recipients. Part of the application process for SSDI will be a mandatory review of your employment history to show that you have contributed to the system such that you qualify for benefits.

The work credits required to be eligible vary with the age of the applicant. If the applicant is under 24, they will only need to have worked for about 1.5 years, accumulating a minimum of 6 work credits. Applicants between 24 and 30 will need to show a work history of between 2 and 4.5 years, with a minimum of 8 to 18 work credits. Those between 31 and 42 will need to show 5 years of work and 20 credits to gain eligibility. After 42, you are required to earn a minimum of 2 credits every 2 years.

Documents sufficient for proving work history include income tax returns, pay stubs, W2 forms, detailed job history, and so on.

If you fail to meet the required number of work credits for SSDI, you may still be able to qualify for SSI. To show a need for SSI you will need to show less than $2,000 in assets, or $3,000 for couples, and limited income.

Categories
Legal Social Security Disability

What is My Disability Onset Date?

What is My Disability Onset Date?

The short answer is that your disability onset date is when your disability first prevented you from working. Your disability onset date will be important when working with the Social Security Administration. It can affect your pay period and even your overall eligibility for SSDI or SSI benefit payments. Your disability onset date will ultimately be determined by the SSA. They have to first consider your medical records, work history, personal testimony, and so on.

How The Disability Onset Date Is Determined In Most Claims

If the applicant suffers from a disability that is not due to a traumatic event, as are most SSDI and SSI claims, the following factors will be considered by the SSA:

  • The Applicant’s Allegations Or Testimony – This will be your statement regarding your disability and the date on which it began. This will be included with both your application and the Disability Report.
  • Applicant’s Work History – The Social Security Administration office for your district will document the claim with the date on which you stopped working. This is shown on the Work Activity Report SSA form. This will require a different form for employees versus self-employed people.
  • Medical Evidence – Here you should furnish all available and appropriate medical records and submit them for consideration. Some ailments, particularly those that are slowly progressive or have a long latency will prove difficult to determine an exact date for, but the officials at the Social Security Administration will make the best, educated inference possible with the available data.

It is important to note that every case will be different from the next. While the disability onset date may vary in some situations, it cannot be inconsistent with the documented medical evidence.

In some circumstances, it may be inferred or demonstrated that the disability onset occurred before the first medically recorded occasion. In cases such as this, the disability onset date is often dependant on the judgment of the presented facts by a medical advisor.

What happens if the applicant suffers from a disability that is the result of a traumatic event? Then the disability onset date will be the date of the injury, but only if the injury is projected to prevent working for a minimum of 12 continuous months, or if the injuries are severe enough that survival is not expected.

Blindness & Childhood Disability

As stated earlier, each disability case will be different. This means each one will have its challenges as well. This is why people frequently work with disability lawyers. So they can be assured that their disability onset date will be determined correctly. There are two special cases to consider:

  • Blindness – In the case of statutory blindness, the disability onset date is the date on which the evidence shows the impairment met legal requirements.
  • Childhood Disability – With childhood disabilities, it is often not necessary to prove a specific disability onset date, as long as the condition was established in medical records before their 22nd birthday.
Categories
Legal Social Security Disability

A Look into the SSDI Application Process

social security disability insurance SSDI

The application and approval process for Social Security Disability Insurance, or SSDI, can look straightforward and fairly simple. However, in reality, getting approval can be quite difficult without proper preparation.

Be Sure You Qualify

The very first step in the SSDI application process is to make sure you qualify and are eligible to collect the benefits you are seeking. The Social Security Administration looks at and considers several criteria when deciding on an application.

Are You Capable Of Substantial Gainful Activity

These criteria simply determine whether you can work and earn an income for yourself. The amount in the SSA guidelines changes yearly along with inflation. However, in 2021 if you make or are able to make more than about $1,300 each month, then you are considered to be capable of gainful activity.

Is The Disability Projected To Last 12 Months Or Longer

You will only be able to successfully claim SSDI if you show that your disability will last longer than 12 months. If it will be less than 12 months, you will not be able to qualify.

Is Your Disability Listed In The Blue Book

The Social Security Administration uses a set of guidelines referred to as “The Blue Book”. It lists the specific conditions, impairments, and disabilities that would qualify someone to receive SSDI. There are exceptions to having specifically named conditions. If you do not see yours in the list you may still be able to qualify.

The SSDI Application Process

Once you are sure you meet the requirements, and that your disability is severe enough, you will need to fill out the application and provide your documentation.

Work History & Medical Documents

You will need to provide your evidence proving your attempts to work, your medical diagnosis and history, and your personal history. You will also need to release your records to the Social Security Administration for a full review. Your disability should show a clear impact on your ability to work. The application will then be signed, and either mailed or dropped off at a local office.

The Initial Review

This is where your SSDI application is checked for completeness and to ensure you meet the requirements for benefits. At this stage, you will often be assigned to a claims examiner, who will review your medical evidence.

Medical Exam Or Request For Additional Information

If you were not approved initially, but not denied, you may be given another opportunity. You must submit more evidence and documentation to bolster your claim. You may also be asked to have an examination by a consultative medical professional working with the SSA. Often this stage can take up to 5 months to complete. It also may require multiple interviews and requests for info. If denied, you will be able to appeal a limited number of times. However, each one will add a significant amount of time to the claim.

Categories
Legal Social Security Disability

The Difference Between SSDI and SSI Explained

SSDI vs. SSI: Difference Explained

Both the SSI and SSDI programs offer benefits for qualified disabled individuals. However, the requirements and income limitations for each are quite different. Not only are the limitations and prerequisites different, but applying for the wrong one or missing the qualifications can result in significant amounts of frustration and wasted time.

Social Security Disability Insurance (SSDI) & Supplemental Security Income (SSI)

One of the primary differences between SSDI and SSI is that SSDI is only available to workers that have not only become disabled after working but who have also built up enough work credits to qualify. Supplemental Security Income is available as a disability benefit to those who have either never worked, or who are low to no income individuals who have not and will not earn enough credits for Social Security Disability Insurance.

Often people do not distinguish between SSDI and SSI when talking about Social Security disability benefits. However, they do need differentiation since they are two entirely different government programs. They are both administered and managed by the SSA, and they both use the same guidelines in determining eligibility on a medical level. But there are some important differences to note.

Social Security Disability Insurance, SSDI

Social Security Disability Insurance is the Social Security insurance that is deducted from your paycheck via federal payroll taxes. It can offer benefits to eligible recipients because they have worked and contributed to the program in a meaningful way. The contributions are made via the FICA taxes. An SSDI recipient must be younger than 65. They also must have contributed a predetermined number of “work credits” to the program before they can be considered “insured”.

The spouse and minor dependents of the disabled person can receive partial benefits based on the disabled person’s earnings record, just as the benefits for the disabled are calculated. However, there is a five-month waiting period from the date of disability until the benefits kick in. After two years on SSDI, the recipient can also qualify for medicare. Approval rates for SSDI claims tend to be higher than for SSI claims, on average.

Supplemental Security Income, SSI

Supplemental Security Income is a need-based program that is funded by a general tax fund, and not from the trust. SSI is referred to as a means-tested program so that it is not based on work history. Instead it is based on strict financial need. SSI applicants will need to demonstrate that they possess less than $2,000 in assets for an individual, or $3,000 for a couple. They will also need to show that they have a limited income. In general, if the applicant qualifies for SSI, they will also qualify for food stamps. Depending on the location and the state benefits, they may also qualify for state-aid like cash assistance. Qualified applicants will receive an amount dependent on their location and their regular income paid on the first of the month.

Categories
Legal Social Security Disability

Why Should I Speak to a Disability Lawyer?

Social Security Disability Lawyer

The process of applying for Social Security Disability benefits can be confusing if you’re not sure how to properly fill out the paperwork. You need the right medical documentation as well, and because of this, more than 65% of claims filed are rejected initially.

You can, of course, fill out the paperwork and submit the documentation yourself, but speaking with a lawyer beforehand could be the difference between your application being approved and denied. Statistically speaking, your claim is more likely to be approved if you have an attorney to represent you.

Why Having a Lawyer Can Help Your Case

It’s no secret that your disability application being approved is much more likely if you have an attorney on your side. There are certainly some individuals that take care of the application process on their own and are successful, but that is not the case for most people.

Your best bet is to hire an attorney early on, as they can argue your case from the beginning, starting with providing advice on your “alleged onset date”. They’ll be able to gather evidence to build a strong case. If you choose to wait to hire a lawyer, they can still help you be successful.

When to Contact a Lawyer

Really, you can bring a lawyer in at multiple points during the process, but the sooner you make that initial phone call, the better. Many attorneys will even offer you a free consultation so they can go over the facts and give you legal advice without needing to spend an arm and a leg.

If you can line up a lawyer to help with your initial application, you can avoid a lot of hassle and mistakes during the process. After a denial, they can help you with the appeal process so you can hopefully still get your benefits.

Should I Wait to Contact One?

If you have already submitted your SSA application, then you should wait to hire an attorney. Once you have turned in your paperwork, there isn’t anything an attorney can do to help at this time. Just wait things out and see if you get approved or denied.

Once you receive your response from SSA on your first application, then you may want to proceed with contacting an attorney. If you are denied, they can help you appeal the decision.

Consult With a Disability Lawyer

If you have a medical condition that has begun to interfere with your life, making it impossible for you to work and support yourself financially, contacting a disability lawyer before filling out your application is a smart move. You’ll be able to get advice on your case and have an expert walk you through the application process.

With the guidance of an attorney, you’ll be able to gather all of the medical documentation and other paperwork needed to file a successful claim. You can file online or you can mail in an application.

Categories
Legal Social Security Disability

SSDI Claim Not Accepted? 7 Common Reasons Why

SSDI Benefits

It is no secret that the acceptance rate for Social Security Disability Insurance (SSDI) has been decreasing steadily for the last 15 years. In 2001, the award rate for SSDI was 46%. By 2006, the award rate had dropped all the way to 38%, and by the end of 2015, less than one third – just 32% – of all applications were awarded benefits. At the same time, the number of benefits being terminated has increased each year since 2011. So how can you make sure your claim is accepted? Here are 7 common mistakes to avoid that will help ensure you get the awards benefit you deserve.

  1. Too much income: Individuals who are currently making over $1,130 per month in income will not be eligible to collect SSDI. However, this limit does not apply to unearned income, such as investments, interest, or any other household income not earned directly by the individual applying for disability.
  2. Temporary disability: Any disability that is not expected to impact the applicant’s ability to work for at least 12 months will automatically be denied by the Social Security Administration (SSA).
  3. The SSA was unable to reach you: Although it may sound obvious, it is important that the contact information on your application is accurate, and that you respond to any and all efforts from the SSA to reach you. Many SSDI claims are denied every month because the SSA is unable to contact the applicant.
  4. Technical rationale: This means that the applicant may be qualified to perform alternative duties and functions to maintain employment in some other role. This is typically referred to as residual functional capacity (RFC). If the SSA determines that your RFC does not prevent you from performing the necessary tasks for certain jobs – i.e., clerical data entry – you may be denied SSDI benefits.
  5. Place of residence: Believe it or not, where you live matters. Sometimes the reason for an SSDI award or denial can be as simple as the presiding judge. In certain areas or jurisdictions, the person deciding the case may be very lenient or very strict. Therefore, two people facing otherwise very similar circumstances may end up with very different judgements.
  6. Not complying with SSA requests: Sometimes a SSDI application may need additional documentation or medical records to support the claim. If the SSA contacts you about missing information, or asks that you submit additional forms, it is important that you follow up as quickly as possible. Failing to comply with such a request will almost always result in a denial.
  7. Application errors: Perhaps the most common reason why an application is denied is because it contains errors. Even a small error can cause the SSDI application to be denied. It is important to make sure you take the time to read the application entirely, fill it out to completion, and double check for any mistakes or omissions.

Of course, if your claim is denied, that does not mean the fight is over. Too many people who receive a denial just give up. However, over 65% of the people who file for an appeal and get a hearing are awarded benefits. But perhaps the most important thing you can do to make sure your claim is approved is to get help before you apply. You don’t have to go through the process alone, and finding the right guidance can be the difference between a quick approval or a lengthy battle.

Categories
Legal Social Security Disability

SSDI Commonly Rejected Disabilities

ssdi common disabilities benefits

There are many reasons why your Social Security Disability Insurance claim may be denied. In 2015, less than 1/3 of all applications were awarded benefits in 2015. The reasons for denial may be technical or medical. In recent years, technical denials have been increasing, but 20% of all claims still end with a medical denial. Below are 5 common medical conditions that are typically denied SSDI benefits.

Depression

Although depression is the most common, non-fatal medical cause of disability, it is still a rarely accepted condition for benefits and requires evidence of severe impairment. For some, their depression may be so severe that it can inhibit their ability to function in everyday life. This can include family and work activities. The SSA provides a list of symptoms. If an individual with severe depression also experiences at least four of the listed symptoms on a recurring basis, they may be approved for SSDI benefits. However, most cases are not severe enough to qualify someone for disability benefits.

Hypertension

Hypertension, or high blood pressure, is not usually a qualifying disability for SSDI benefits. Even for individuals who perform manual labor and may be more at risk. The primary reason for this is because many cases of hypertension can be controlled with drugs. The drugs lower blood pressure to normal risk levels. Therefore, the impairment is not typically considered severe enough to qualify for SSDI. There may be certain cases that do qualify. For example, if a patient does not respond to treatments or they are unable to take the normally prescribed medication due to other complications.

Impaired Vision

Nearsightedness and farsightedness, while potentially disabling, are both usually correctable with glasses or contact lenses. Therefore, they would not usually qualify for SSDI. However, the causes of vision impairment can vary widely. Certain complications, like severe macular degeneration or other retinal diseases that can’t be improved with corrective lenses, may be awarded SSDI benefits.

Adult Eating Disorders

Adult eating disorders can be a serious affliction, and they affect millions of Americans each year. However, in most cases, adult eating disorders do not qualify for SSDI even though both anorexia and bulimia are listed as disability conditions for those under 18. In some cases, an adult may qualify if their eating disorder causes severe symptoms similar to other qualifying disabilities. For instance, adult eating disorders can cause other problems such as heart failure and arrhythmia, or lead to increased fractures or broken bones. These conditions may allow someone to be awarded benefits. Additionally, someone may qualify for an equal disability listing such as weight loss due to a digestive disorder. However, usually because it is not technically a digestive disorder, it is usually not accepted on its own. It typically requires that the applicant is currently seeking treatment.

Short-term Injuries

One of the main qualifying factors for SSDI is the length of time your disability will last. For example, someone with severe anxiety or depression may qualify for disability because it can be an ongoing disability. On the other hand, an individual with a severe injury, such as a broken neck or spine, may not qualify for disability if they are expected to recover in 12 months or less. Even if the individual was in a hospital for a few months and was unable to attend work, they may not be considered sufficiently disabled to receive benefits.

Categories
Legal Social Security Disability

Social Security Disability FAQ

social security disability faq

Navigating the world of Social Security can be confusing and frustrating for anyone. If you are disabled and in need of assistance, it may seem like they have purposely made it difficult for you to get the help you need. Understanding the different programs and knowing if you qualify is an important first step to getting your claim approved.

Q: Do I need SSDI or SSI and what is the difference?

A: Both Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are services managed by the Social Security Administration. Both are aimed at helping disabled individuals with financial assistance. However, beyond those similarities, the programs are quite different. SSI was created to help individuals over the age of 65 who have very limited financial assets and may have a difficult time paying for basic necessities due to disability or blindness.

SSDI, on the other hand, is an earned benefit, or entitlement program. It is available to individuals under the age of 65 who are deemed too disabled to work. Because it is an earned benefit, the amount each individual may receive from SSDI is dependent upon their earnings record. In other words, the more income an individual previously earned, the higher their benefit will be. By contrast, SSI is a relatively fixed benefit and may actually be reduced if the recipient receives other income.

Q: Who qualifies for Social Security Disability?

A: Anyone under the 65 who has paid into Social Security for at least 10 years may qualify for SSDI. However, most award recipients are between the ages of 50 and 63. All applicants for SSDI must be sufficiently disabled to prevent them from working. Even in a reduced capacity and the impairment must be expected to last at least 12 months or longer.

As part of the application process, you may be required to submit medical records. These will verify your condition and diagnosis. Certain conditions may automatically qualify you for SSDI, while others may require a more significant review process.

Additionally, anyone who is still able to work in a limited capacity and currently earning over $1,130 per month will not be eligible for SSDI.

Q: How can I make sure my claim is accepted?

A: The acceptance rates for SSDI can vary widely depending on where you live. Nationally, the acceptance rate has decreased almost every year since 2001. The total number of individuals receiving benefits has also been reduced in recent years. Meanwhile, the termination rate for SSDI benefits has increased steadily since 2011.

SSDI applications can be denied for a number of reasons. The most common reason is if the information is entered incorrectly. This can be the result of misunderstanding the question or form. It can also be simply due to the length and time it takes to complete the application. In either case, a small mistake or omission can be the difference between an acceptance or a denial. There are numerous services designed to help you with the application process. They also can hopefully answer any questions you may have along the way. Taking advantage of these services can go a long way to ensuring your claim is accepted.