Category: Social Security Disability

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

Medical Conditions and Disabilities: Do You Qualify?

Medical Conditions and Disability Claims: Do You Qualify?

If you have a medical condition that impacts your day to day life, you may want to file a disability claim. The Social Security Administration’s Listing of Medical Impairments is a guide containing medical conditions that, given certain conditions are met, automatically qualify you for Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI).

For those that have a medical condition on the list, they’re typically considered disabled and should be able to receive benefits. The process is fairly straightforward, provided your condition qualifies and you are able to provide sufficient proof of disability.

List of Impairments

The conditions that will put you into the disabled category vary based on your age. There are separate lists for those under 18 and over 18. The list of medical conditions for adults to qualify for SSI or SSDI include:

  • Mental Disorders: Autism, schizophrenia, anxiety, depression, intellectual disability
  • Musculoskeletal Problems: Back conditions and other issues with the bones and joints
  • Blood Disorders: Hemophilia, sickle cell, etc.
  • Digestive Tract Issues: Inflammatory bowel disease, Crohn’s disease, etc.
  • Cardiovascular Conditions: Coronary artery disease, chronic heart failure, etc.
  • Respiratory Illnesses: Asthma, cystic fibrosis, etc.
  • Neurological Disorders: Cerebral palsy, Parkinson’s disease, ALS, multiple sclerosis, etc.
  • Immune System Disorders: Lupus, rheumatoid arthritis, HIV & AIDS, chronic kidney disease
  • Sense & Speech Issues: Loss of speech, loss of hearing, blindness, etc.

What If Your Condition Isn’t Listed?

The possibilities for disabilities are so varied, it would be almost impossible to list all of the potential conditions. Even if you have a serious medical condition that prevents you from obtaining any gainful employment, you may still be able to make a successful SSDI or SSI claim.

The first requirement for possible consideration is that the condition must be medically determinable. This simply means that you need to have a real condition that has been established in the medical community via laboratory or clinical testing.

The next condition is that the medical issue must limit or reduce your residual functional capacity. Your residual functional capacity can be calculated by evaluating your most demanding or exerting activity that can still be accomplished despite your medical impairment.

A disability claims examiner will use your residual functional capacity to decide your exertional level. Your exertional level will range from “sedentary work” to “very heavy work” based on how much weight is able to be lifted and carried safely.

Medical Evidence Needed

In order to gain approval for medical Social Security disability, you’ll need to be able to show some proof of the severity of your condition. Medical evidence can include:

  • Blood work panels
  • CAT scans
  • Mental health records
  • MRA
  • Physician examination
  • Treatment notes and reports

For your medical evidence to be considered valid, it needs to be within the timeframe that the disability occurred. Additionally, you need to be able to prove that your health is poor enough to impact your ability to perform normal work duties.

If you need help with your case, speak with an experienced SSDI attorney near you.

Categories
Legal Social Security Disability

Social Security Disability Law: A Beginner’s Guide

Social Security Disability Law A Beginners Guide

The Social Security program, along with disability benefits, has been the subject of an increasing focus in the media. People often have questions about the law concerning Social Security, and how it and its associated benefits operate. This is due in no small part to how confusing the laws are surrounding disability and benefit plans.

Many people have pointed out how frustratingly ironic it is. That while the Social Security Disability Law was initially created to improve the lives of the disabled, but the seemingly endless red tape and bureaucratic processes that must be followed make the application incredibly challenging.

What Exactly Is The Social Security Disability Law

The Social Security Disability Law is a federal law that lays out the rules that dictate who can receive disability benefits from the federal government. If you are determined to meet the requirements, you are then eligible to receive the benefits. So, the state in which you live is obligated to meet the requirements needed for your comfort and quality of life.

One of the challenges lies with pursuing the correct benefits, as the criteria for each are different. Failing to meet them will result in rejection or denial of benefits. The two types of benefits are:

  • Social Security Disability Insurance: These benefits require the applicant to prove they have a disability, and that before that they paid into the Social Security System.
  • Social Security Income Program: These benefits require that the applicant is over the age of 65, or be blind, or have a disability, and have low income. These benefits do not require that the applicant prove they paid into the Social Security System prior.

The next hurdle that often poses a significant challenge for some people, is proving the disability. Proving disability is often where people need to work with a disability lawyer. They can help you establish your disability in a legally tangible way. This way you can get the benefits you deserve.

Applications And Appeals

When considering an application for benefits there is a basic process that must be followed, as well as for disputing a decision you find unfavorable.

First, you’ll submit your initial application to the Social Security Administration. This can be done in several ways including by phone, in person, or online. This is a long procedure that involves submitting much of the documentation needed to establish eligibility. Only about 30% of applicants are approved in this manner. If your case is among the 70% of denials, then you can dispute the decision.

This dispute process has four distinct stages, which are:

  • 1 – This is an initial reconsideration that requires you to submit more documentation to support your case, if denied you advance to Stage 2.
  • 2 – Hearing with an Administrative Law Judge, if denied you advance to Stage 3.
  • 3 – Appeal to the appeals council, if denied you advance to Stage 4.
  • 4 – Bring your case before a federal court for a final determination.
Categories
Financial Legal Savings Social Security Disability

The Difference Between 401k vs. Social Security

401k vs. Social Security

Many people wonder which is better to rely on, Social Security payments or your 401k income. What they don’t realize is that you can receive both Social Security as well as 401k income. Whatever income you receive from your 401k plan will also not affect your Social Security benefits. This is because it is considered income from a non-wage source.

Most workers count the days until they can retire at full retirement age, 66 years old. They frequently begin receiving Social Security benefits within the first few months of their retirement, as well as their 401k income. Some will retire as early as 62 in exchange for lower monthly benefit payments from Social Security going forward. At the other end of the spectrum, some delay collecting Social Security until the latest allowable age of 70. This means they reap the benefits of much larger monthly payments in return.

Why 401k Income Has No Effect On Social Security Payments

One of the foundational tenets of Social Security is that the credit system for qualifying for benefits is based on taxable wages. These wages are the ones that you earned during your highest-paid 35 years of work. Your contributions to your 401k are made with wages paid to you by an American company. Fortunately, they have already paid the Social Security taxes on those wages.

Many people contribute as heavily as possible to their 401k, however, under the impression that those contributions are tax-free. Well, they are, sort of. Those contributions can be made free of income tax imposed by federal and state entities. However, not by contributions required by the Federal Income Contributions Act, or FICA.

No matter what, your wages will always have the tax for Social Security paid before anything else can reduce your income level. So you do still pay some taxes, up to a preset threshold that is determined by the IRS.

The Difference In Dollars

So you are getting close to retirement age, or maybe just planning well ahead to ensure your comfort, and you want to get down to numbers on what retirement is going to look like. Well, there are a few scenarios centered around when you retire. You can begin collecting Social Security at 62, the full age of 66, or as late as 70. While you might get to begin enjoying retirement early, the change in benefit amounts by delaying can be incredible.

Using the top-end numbers for 2021, the highest monthly benefit when retiring at 62 is about $2,300 while waiting until 66 gives a monthly payment of more than $3,100. And for those waiting until 70, they can collect a massive benefit of nearly $3,900.

If you are planning on retiring early, your 401k income can certainly supplement your Social Security income without affecting it. On the other hand, if you have a few years to go, you may still be able to start taking life a little easier by utilizing your 401k income while you delay Social Security collection until you get the maximum benefit.

Categories
Legal Social Security Disability

Mental Health Disability Claims

Mental Health Disabilities

The Social Security Administration uses pre-established mental health guidelines to determine which applicants for benefits qualify. These disabling impairments and their criteria are listed in what is referred to as the Blue Book. It lists the exact criteria and conditions that will allow an individual to qualify for and collect Social Security Disability benefits. There are a total of 9 mental health categories covered, and they are:

  • Anxiety Disorders
  • Affective Disorders
  • Autism Spectrum
  • Mental Retardation
  • Organic Disorders
  • Personality Disorders
  • Psychotic Disorders
  • Somatoform Disorders
  • Substance Addiction Disorders

Each category is evaluated with its own criteria, and to qualify for benefits, the applicant will need to show that they meet said criteria. An alternative is to show that the cumulative effect of multiple disabling conditions is equivalent to the accepted criteria.

Anxiety Disorders

To claim SSDI benefits for an anxiety disorder, you must have medical evidence demonstrating at least one of the following:

  • Compulsions and obsessions that result in distress
  • Recurring and unpredictable anxiety or panic attacks weekly
  • Persistent irrational fear
  • Persistent anxiety with symptoms like motor tension

Affective Disorders

The requirements to qualify for SSDI with an affective disorder you will need to demonstrate two years of treatment along with the inability to function outside of a supportive environment or have documentation that acts as evidence showing your condition effectively prevents functioning in any work environment.

Autism Spectrum

You will need to show demonstrably that the condition prevents normal communication, social interaction, and engagement. You must also show that these limitations prevent your ability to work.

Mental Retardation

You, or your ward, will qualify if you can show documentation showing any one of the following:

  • Depending on others for personal care, like bathing, eating, using the bathroom
  • IQ of less than 60
  • IQ less than 70, combined with other physical or mental conditions that preclude working

Organic Disorders

You may qualify for benefits if you can show that you have been receiving treatment for one or more of the following for two years with the persistence of the condition.

  • Time and place confusion
  • Memory disorders
  • Hallucinations
  • Personality changes
  • Mood disturbances
  • Limitations of daily activities
  • Limitations of socialization
  • Loss of 15 IQ points or more

Personality Disorders

You will need to show evidence of your condition causing you to be unable to adapt to a social or work setting. Your disorder will also need to show at least one additional symptom such as seclusion, autistic thinking, hostility, passiveness, odd behavior patterns, impulsive damaging behavior, and more.

Psychotic Disorders

Qualifying for SSDI under this category requires medical documentation showing two years or more of your condition’s impact on your ability to be in a work environment. You may also be able to qualify if you have any symptoms that severely affect your ability to be in a social or work setting, like hallucinations, delusions, incoherence, and more.

Somatoform Disorders

For somatoform disorders, you will need medical evidence showing a history lasting several years of physical symptoms that require drastic lifestyle changes, by the age of 30.

Substance Addiction Disorders

To qualify for SSDI for substance abuse disorders, you must prove with medical documentation that the abuse issues have resulted in a mental disorder, neurological disorder, or digestive disorder.

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.

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Family Legal Senior Social Security Disability

What is OASDI?

what is OASDI?

OASDI stands for Old Age, Survivors, and Disability Insurance. It is the long-form name of the Social Security benefits in the US. It is the fund that is paid into by the withholdings on your paycheck. Those who may be eligible to collect OASDI include the disabled, retirees, and so on. The overall goal of the program is to replace the income lost to old age, losing a spouse who was the earner.

The program was created as the Social Security Act by President Roosevelt in 1935. With the country in the grips of the Great Depression at the time, people were eager for a safety net, and it has grown incredibly over the years. In the decade following the passage of the act, there were approximately 222,000 recipients of benefits, while at the end of 2020 there were roughly 70 million. The average monthly benefit for these recipients is about $1,500.

Criteria For Collecting OASDI

Payments into the OASDI program are collected by payroll taxes FICA and SECA, which are the Federal Insurance Contributions Act, and the Self-Employed Contributions Act. In order to collect payments from the OASDI program, the recipient must meet certain requirements. For the tax year 2021, the tax rate for Social Security collected via FICA is 6.2%, while those who are self-employed will pay a rate of 12.4%, or double.

To begin old-age payments, those born before 1960 can collect as early as 62 years old. For those born after 1960, however, the retirement age s 67. In some cases, people who qualify can wait until age 70 to begin collecting payments and can collect larger payments as a result. The funds are kept in a pair of trust funds, the Disability Insurance trust, and the ASI trust.

How Are The Payment Are Calculated

Payment amounts for retired workers are determined by the wages of the worker who paid into the program during their working years. Payments to surviving spouses or children of passed or retired workers. Payments for disability are made only to those who can positively prove they cannot participate in gainful employment as well as meet additional requirements.

Qualifying for retirement benefits requires that the worker be fully insured by accumulating quarters, or credits, for coverage. Quarters are gained based on the wages of the earner for a predefined period and are accumulated for roughly each $1500 earned. Yearly quarter earnings are capped at 4, with 40 credits, or about 10 years of work.

When a worker is ready to retire, they will receive payments from the OASDI program that are based on the average of her 35 highest-paid years of work. If there are more than 35 years on record, the lowest years are eliminated from consideration. If the worker decides to retire early, then their work history is evaluated and any years without data are calculated as zeros in the 35-year formula. That 35-year average is what her monthly payments will be a portion of.

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Family Legal Senior Social Security Disability

How to Prove Your Disability To The SSA

social security disability

When seeking to qualify for either SSDI or SSI, you will be required to prove your disability. Even when the claim seems like it would be obvious and straightforward. You must remember that only about 30% of all claims initially presented to the SSA are denied. This is one reason why Social Security claims can be so frustrating if you are pursuing it by yourself. Which is why many people opt to work with an experienced Social Security disability lawyer.

Disability As Defined By The Social Security Administration

The Social Security Administration has a very clear definition of a disability. If you are only partially or temporarily disabled, you will not be able to claim SSDI or SSI benefits. So, you must show that:

  1. You cannot do the work you did previously, due to the disability
  2. You are unable to do change occupations or do other work due to the disability
  3. The disability will last longer than a year or is anticipated to result in death

If you are able to meet these criteria, you will not be able to engage in any substantial gainful activity. This qualification can be revoked if you earn too much income in a month.

Collect And Organize Your Medical Records

Common claim denials result from the failure of the applicant to provide sufficient medical documentation as evidence of the disability. Spending some time developing your medical documentation can help you prove your disability during the first review period.

The Social Security Administration will need to see records of your disability going back to when it was first discovered. This is known as your disability onset date. This can be difficult to determine for some conditions, so leverage family and friends if needed.

Your doctors can be a priceless resource. Your medical care team should be able to provide you with the records or documentation you need. If necessary, they may also be able to furnish a mental health assessment to be presented to the SSA. Make sure you adhere to your doctor’s directives for treatment as well. If you don’t, the SSA may deny your claim for lack of consistent treatment.

Make Sure You Meet The Requirements

Any disability can be challenging to prove. This can be especially true for those seeking benefits for mental illnesses or conditions. Some will be significant or severe enough that the Social Security Administration will simply grant the benefits. The conditions that qualify someone for SSDI or SSI benefits are detailed in the Blue Book. The Blue Book contains all of the criteria for qualification based on medical diagnosis.

Some conditions may be severe enough that the SSA will only need limited medical documentation. For example, arthritis, asthma, and heart disease. Some conditions will require more rigorous proof, such as mental disorders. Mental disorder claimants will need to meet various criteria that are designed for their particular mental disorder category, such as anxiety or psychosis.

Categories
Legal Social Security Disability

What Happens at a Disability Hearing?

social security disability hearing

While it may seem daunting, the average Social Security disability hearing will only last between 15 and 60 minutes. Many people become very anxious before their hearing. They tend to imagine it is similar to a court appearance, likely due to the “hearing” terminology. Hearings with Administrative Law Judges are generally fairly informal.

Despite the informal setting, the judge may be robed, and may sit elevated from the rest of the room. Sometimes, the hearing will even be held at an event center or conference room at a local hotel or bank, depending on the location and how far away the applicant or claimant lives. With quarantine measures in effect in many places, the hearing may even be conducted remotely via video conference.

What Is The Purpose Of A Disability Hearing?

The purpose of the hearing will be to determine the exact extent of how disabling your condition is. Most hearings will be quite similar, depending on the judge’s personal preference, there may be some variation. You should be assured, however, that your hearing will not resemble the stressful trials you see on TV.

The Judge Interviews The Applicant

Once the Administrative Law Judge has identified the persons in the room, they will then read a basic statement of facts regarding your SSDI or SSI application. Following that, the applicant or claimant will often be directly questioned.

The questions will center around your medical condition or conditions, treatment, your employment history, and the limitations that your disability has placed on your ability to work. You should remember that this is not an attempt by the judge or anyone else to prove you are not disabled, you are simply stating how your condition has negatively affected your ability to be employed.

The main objective is to collect all of the facts surrounding the claim. Also, to make a determination of whether or not those facts establish eligibility for SSDI or SSI benefits. It is important not to exaggerate your claims, but be sure you do not leave out any important information.

The Judge Will Hear Attorney Remarks

After you give your testimony, the judge will give your attorney the opportunity to speak on your behalf. They also may ask you additional questions. At this time, any expert witnesses, such as medical and vocational experts will provide their input as well.

If Your Disability Hearing Results In A Denial, You Can Request Reconsideration

In the event that your claim is denied, that isn’t the end of the road. Your next step should be filing a Request for Reconsideration. You can do this again after being denied twice. At which point you’ll have the opportunity to have a disability hearing with an Administrative Law Judge (ALJ).

Once you meet with the ALJ, your odds of being granted your benefits are much higher at this point. Having an experienced Social Security disability attorney on your side can help you win your case.