Frequently Asked Social Security Disability Questions

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What is social security disability?

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Social Security disability (SSD) is an insurance policy that you’ve paid into. It is not a handout or welfare program. Most Americans know about Social Security retirement benefits. Many do not understand how SSD works. Just like retirement benefits, disability benefits are made up of your money, too. The SSA takes a percentage of your paycheck. They then store that money in a fund in case you become disabled and cannot work.

While no one wants to be out of work, SSD and SSI are there to help if you become disabled. Contact us today for a free consultation. Our SSD attorneys handle claims in all 50 states and Puerto Rico.

How do you apply when you have been denied Social Security disability benefits?

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Was your Social Security disability application denied? You’re not alone. Most people are denied initially – about 70% of those who apply are denied. That’s why we’re here to assist you through the process.

Our attorneys will help you with the reconsideration process. Once that step is complete, we will request a judicial hearing. We will accompany you before the judge to advocate on your behalf. The majority of appeals will receive the judge’s approval, but some do not. If you disagree with the judge’s decision, we submit an appeal to the Appeals Council. If denied once again, we will request a case review by a Federal District Court.

Filing for SSD or SSI can be a long, difficult process, but we will make it as smooth as possible for you.

What are Social Security Disability and Supplemental Security Income?

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Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are disability programs. They are administered by the Social Security Administration (SSA).

What is Social Security Disability Insurance?

SSDI pays benefits to you and certain members of your family if you are “insured.” This means that you worked long enough and paid Social Security taxes. It is beneficial for those who had a steady work history before becoming disabled. According to the SSA, a person can get Social Security Disability Insurance (SSDI) if:

  • Their condition prevents them from engaging in “substantial gainful activity,” AND

  • The condition is expected to last at least 12 months or result in death, AND

  • They are under the age of 65, AND

  • They earned 20 Social Security credits in the 10 years before their disability. This is normally four credits per full or partial year. One additional credit is required for every year by which the worker’s age exceeds 42.

The work requirement is waived for applicants who can prove they became disabled at or before the age of 22. These individuals may be allowed to collect on their parents’ work credits. The parent(s) experience(s) no loss of benefits.

What is Supplemental Security Income?

Unlike SSDI, SSI is not based on an individual’s work history. Instead, it’s based solely on an individual’s financial need. SSI is a benefit for those who only worked for a brief period, or who didn’t work at all, before becoming disabled. It is designed to help aged, blind, and disabled people who have little or no income. It also provides cash to meet basic needs for food, clothing, and shelter.

To be eligible for SSI, you must meet financial guidelines for Public Assistance. In order to be eligible to receive SSI benefits, individuals must prove the following:

  • They are blind or disabled, AND

  • They legally reside in one of the 50 states. Or they are the child of military parent(s) assigned to permanent duty outside of the US. Or they are a student temporarily living abroad, AND

  • They have income and resources within certain limits.

What is the difference between SSDI and SSI?

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Many people don’t distinguish between SSI and SSDI. However, they are two completely different governmental programs. Both programs are overseen and managed by the Social Security Administration. However, there are distinct differences between the two.

SSDI is available to workers who earned a sufficient number of work credits. SSI disability benefits are available to low-income individuals. These folks have either never worked or haven’t earned enough work credits to qualify for SSDI.

Learn more about the difference by speaking with a Social Security disability lawyer. Our SSDI attorneys can evaluate your case. If you qualify for SSDI or SSI, we can help you through the entire process. We’ll help you file for benefits as well as handle application or judge denials.

Who is eligible for SSDI?

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To qualify for SSDI benefits, you must have worked a job in which Social Security took taxes from your check. Next, you must have a medical condition that meets SSA’s definition of “disability.”

Benefits usually continue until you can work again on a regular basis. There are also a number of special rules called “work incentives.” These provide benefits and healthcare coverage to help you transition back to work.

Your benefits convert to retirement benefits once you are of age. The amount always remains the same.

In general, you are eligible for SSDI if you:

  • Suffer from an injury or illness that prevents you from working for at least 12 months

  • Have worked for the past 5 of 10 years

  • Are unable to perform any regular job or work-like activity

  • Are under 66 years old

  • Have paid taxes

  • Have a diagnosis from a doctor that supports your claim

What are the requirements for SSDI benefits?

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The Social Security Administration’s impairment listing manual is the Blue Book. This manual includes impairments that automatically qualify for benefits. Your condition will determine whether you qualify for SSDI or SSI. This is provided your condition meets the specified criteria for a listing.

Does a medical condition have to match the Blue Book listing?

You may not have to satisfy the exact requirements for a particular illness or condition. Conditions like rheumatoid arthritis are awarded disability benefits based on the condition. You could get disability benefits if the SSA finds your condition is similar to another.

You may be eligible for benefits if you don’t meet or equal the criteria for the Blue Book listing. This is true if your condition limits your functioning so much that you can’t work. The SSA will consider the effect of your condition on your ability to do routine activities and work. They will then determine whether there is any kind of job you can safely be expected to do.

Other qualifications for eligibility:

  • You are not working.

  • You earn less than $1,350 a month if you are working.

  • Your condition must be so severe that it prevents you from performing your job.

  • Your condition meets the Social Security Administration’s requirements, which are found here.

  • You are unable to do the work you did before you were disabled.

  • You are not able to perform other types of work that your background prepared you to do.

What are the requirements for SSI benefits?

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SSI is a disability program. It is designed for those with a financial need and a disability that prevents them from SGA. In some cases, those over 65 years old may qualify for SSI. This is true even if they are not disabled according to the SSA’s definition of total disability.

For those under 65, you must show that you are completely disabled. You must also show that you do not have other means of support to qualify for SSI benefits. This means proving that your disability makes it impossible for you to perform any work. This includes both work that you have done before and any work that you could otherwise be trained to do.

To qualify financially for SSI, you cannot own more than $2,000 worth of total countable assets. If you are married, you may jointly own up to $3,000 in assets. These assets are anything of value that you own except for the home in which you live, plus one vehicle. Your assets include money in savings and checking accounts, IRAs, and other accounts. It also includes vehicles (other than one for transportation) and anything of value.

If you are disabled, according to the SSA, and can show financial need, you may qualify for SSI. This means insufficient or no income and less than $2,000 in assets.

If you worked in the last 10 years, you can look into applying for SSDI while you are applying for SSI. Some people qualify for both.

Children with certain disabilities may also qualify for SSI. If you suspect your child may qualify for SSI, check with the SSA. They have a list of accepted conditions. The list of accepted conditions does change periodically. Once a child is medically qualified for SSI, they will continue to collect SSI. This is generally paid to a representative payee even if their condition is taken off the list. These include a parent or other guardian.

If your initial SSI claim is denied, you should consider hiring a disability lawyer. Disability advocates deal with the SSA regularly. We can represent your best chance of being approved during the appeals process. You may certainly represent yourself. However, a professional disability advocate can help the process go much smoother. The representation won’t cost you anything unless you are approved for benefits.

If you qualify for SSI benefits, you also qualify for Medicaid.

Social Security disability (SSD) is an insurance policy that you’ve paid into. It is not a handout or welfare program. Most Americans know about Social Security retirement benefits. However, many do not understand how SSD works. Just like retirement benefits, disability benefits are made up of your money too. The SSA takes a percentage of your paycheck. They then store that money in a fund in case you become disabled and cannot work.

While no one wants to be out of work, SSD and SSI are there to help if you become disabled. Contact us today for a free consultation. Our Social Security disability attorneys handle claims in all 50 states. We also handle claims in Puerto Rico.

What is the SSDI process for determining whether I am disabled?

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The SSA’s definition of disability is based on your inability to work at all for a long time. When you apply for SSDI benefits, the SSA wants to know whether your disorder is severe enough to qualify.

You are considered disabled and eligible for SSDI benefits if you meet the following:

  • You are unable to work or earn less than $1,350 per month.

  • Your condition must be so severe that it interferes with work-related activities.

  • You are unable to do the work you did before you were disabled.

  • You are not able to perform other types of work that your background may have prepared you to do.

This does not consider special situations that may make you eligible for benefits. This is true even if you have not fulfilled all the above conditions. Disability attorneys can advise you regarding your eligibility. They can also help you apply for benefits.

How long do I have to be disabled before applying?

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You are eligible for benefits as soon as you are unable to do substantial work. In most cases, the SSA defines substantial work as making $1,350 per month. The rules are different for the self-employed.

When can you apply?

You can apply for disability as soon as you are not working. You can also apply if youare earning less than $1,350 per month because of your condition. You can apply as soon as you realize you are disabled and can’t go back to work.

That said, the expectation must be that you won’t be able to work for at least 12 months. Or you must have an illness that is likely to result in your death. This is called the durational requirement.

You should apply right away because there are delays in getting benefits. There are certain requirements regarding the expected length of disability. There are also certain waiting periods during which benefits are not payable.

Our attorneys can help explain these to you.

Will my workers’ compensation benefits be affected if I receive SSDI?

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What’s the difference between the two?

Most of the time, workers’ compensation is designed to be temporary. It gives employees who were hurt on the job a period of continuing income while they heal. It also helps while they wait for acceptance for SSDI benefits.

Receiving workers’ compensation does not disqualify you for SSDI. It does not negatively affect your chances of having your disability claim accepted.

In some cases, there are offsets (reductions) against your SSDI benefits. This is because of workers’ comp benefits you may have received during the same period.

The SSA has a very different definition of disability from workers’ compensation. To qualify for SSDI, you must show you are unable to perform any work for any employer. Your disabling condition must be expected to last over 12 months or be expected to result in death.

Calculating average current earnings

The SSA calculates your average current earnings in one of three ways:

  • The Average Monthly Wage Formula. The SSA uses your average monthly wages to calculate your benefits.

  • The High-Five Formula. The SSA uses the average monthly wages from your five highest-paid consecutive years.

  • High-One Formula. The SSA uses the average monthly wages from your single highest-paid year during the past 5 years.

The High-One Formula is used in the vast majority of cases. The Social Security Administration will use whichever method is most favorable to you. If your monthly SSDI and workers’ comp combined are over 80% of your average earnings, an offset will apply.

Offsets are something that must be reviewed on a case-by-case basis. Our attorneys can advise you on whether or not you will see an offset in benefits. Generally, VA benefits and private pension benefits do not offset disability benefits.

If you want to file for workers’ comp and SSDI, seek the advice of a lawyer experienced in working with both. We can help structure your claims for both programs in a way most likely to be accepted.

How can I afford to pay a lawyer to help with SSDI when I am applying for SSDI because of financial problems?

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Disability benefits lawyers work on a contingency basis. This means if you do not win your claim, we do not receive any payment. This is a requirement from the federal government and is enforced by the SSA.

If approved, your lawyer will receive a one-time payment from your retroactive benefits. It is either 25% or not to exceed $7,200 — whichever is less. This means that you will never pay out of pocket for an attorney’s help.

Statistically, an SSDI lawyer can improve your chances no matter where you are in the process.

There are many people on disability, and many more who should be receiving benefits. Numerous times, people who deserve disability benefits do not receive them. One of the things that improves your chances is to have the help of an experienced SSDI lawyer.

Many people would love to have the assistance of an SSDI lawyer, but believe they can not afford it. Many times, these individuals are not working and have little or no income. It would normally be very difficult to hire a lawyer in these circumstances.

How do I pay for my student loans if I’m found disabled?

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Those who have borrowed federal loans may be eligible for loan forgiveness. There are several circumstances, such as the following:

  • The borrower is suffering from a permanent total disability. If you have a condition that prevents you from working, you may be eligible for cancellation. To qualify for cancellation, you must not have had a disability before you applied for your loan. Or your situation must have deteriorated significantly since that time. To prove this, you need to supply a letter from your doctor, most likely on a form that your loan holder will provide.

  • The borrower is suffering from a temporary total disability. If you have a student loan that you took out before July 1, 1993, you may be able to defer loan payments for up to three years. You must be able to show that you, your spouse, or a dependent has suffered from a temporary total disability. If you are claiming a disability, you must be able to show you are unable to attend school or work for at least 60 days. If it is your spouse or dependent who is disabled, you must be able to show that they need your care for at least 3 months.

  • The borrower is enrolled in a rehabilitation program for their disability. If you are currently in rehabilitation, you may be able to defer your payments for the length of the program. You may also be able to defer for an additional six months after the program ends.

Learn more about loan forgiveness and SSDI.

What is a trial work period?

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The first thing to remember is that a trial work period applies only if you receive SSDI. Anyone who only receives SSI, for example, does not have to worry about the meaning of a trial work period. If you receive SSDI (based on your work history), you need to know the impact of completing a trial work period.

The SSA allows you nine trial work months during any five-year period. Generally, you will not be entitled to another trial work period once you have used these nine months. However, you may be allotted an additional trial work period. This happens if your benefits end due to working, and you later requalify. It also happens if you get an expedited reinstatement. If you are eligible due to expedited reinstatement, you will qualify for a new trial work period. This happens 24 months after the reinstatement of your benefits.

Further, if five years or more have passed since a given trial month, that trial month is no longer counted. As a result, your entitlement to a 9-month trial period may start over. You may actually receive more than 9 trial work months.

The trial work period can be difficult to understand. This is because, as is often the case with the SSA, it is often a lengthy process that has various exceptions. Knowing what the trial work period means and what rights you have can protect you later on.

How long does it take to start collecting benefits?

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The process of obtaining disability benefits from the SSA can be long and tedious. It typically takes anywhere from 18 to 24 months to get an award of benefits. Pond Lehocky Disability will guide you through the process as effectively as possible. The Social Security Administration has adopted fast-track processing for certain disabilities. Our objective is to assist you in obtaining the benefits that you deserve as quickly as possible.

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Social Security Disability Insurance (SSDI) is an insurance policy that you’ve paid for through years of working and paying your taxes.

Applying for SSDI can be a long and confusing process, but Pond Lehocky Disability is committed to providing resources and guidance to help you every step of the way. We are honored and privileged to have assisted over 50,000 disabled Americans obtain Social Security Disability benefits.

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