Social Security Disability Benefits

When applying for Social Security Disability Income, work history is an important factor in determining your eligibility for benefits.

The Social Security Administration approves and denies claims based on whether or not a claimant is able to work. Social Security Disability is awarded to persons with an ongoing medical condition that hinders job performance. When making disability decisions, examiners look at medical records and what that information says about one’s ability to work. Examiners review the records to help determine what can and can’t be performed because of the impairment (residual functional capacity). Social Security examiners will analyze if a claimant can return to their past work, which could be any job they have performed within the last 15 years and whether or not a claimant can perform some type of other employment for which they are suited based on age, education, skills, and mental or physical limitations. They then examine vocational guidelines to determine if the person can earn a living wage. If a claimant is found by a disability examiner to be capable of working, the claim will be denied.

For example, a person has filed for disability who has worked for 15 years in a very physical job where he is living heavy items all day during the workweek. A physical disability limits him to only light work. His condition is expected to last at least 12 months or longer. Social Security examiners will deem this claimant as unable to return to past work. Remember that receiving Social Security benefits does not mean a person can’t work. In actuality, it means that a disabled person can’t have the ability to work and earn more than a certain threshold of income.

Claimants can improve their chances of receiving benefits by having a solid work history they can report to the examiner. It also helps to provide contact information for former supervisors and to detail all the duties one has performed previously on the job. Former supervisors should discuss all the demands placed from the job as well as skill sets one has acquired.

One of the biggest questions that SSDI applicants have is “How much will I be paid in disability benefits?” The answer is specific to each applicant, but in general, SSDI will pay monthly benefits, backpay, and Medicare (provided there is not a waiting list for this healthcare service). The monthly benefit amount is calculated using a complicated matrix based upon the length of time that the applicant has paid into the Social Security system, called “covered earnings.” (It is not simply a percentage of current income or any other simple calculation, and there is a benefit limitation.) The average covered earnings over a period of years is called the average indexed monthly earnings (AIME). In general, benefits can range from $300 to $2200 per month.

Benefit payments can also be affected by other types of public disability payments. Payments from worker’s compensation or temporary state disability payments can lower the amount of SSDI received. However, SSI or VA benefits will not affect SSDI payments.

Most SSDI recipients will also receive a lump sum payment of past due benefits to cover the time between the initial application and the approval. Some applicants may also receive additional backpay from the time they actually became disabled (as much as 12 months prior to the application). These payments can be significant and amount to thousands of dollars.

Finally, Medicare is awarded to recipients two years after the time they are deemed eligible for SSDI. This is not the date of application, but rather the date of entitlement, which is the disability onset date plus 5 months.

There are several types of Survivor’s Benefits for the widow/widower, children, or dependent parents of an individual who dies and has been paying into the Social Security system. Workers earn credits for every year that they work and can earn up to four credits per year. The amount of benefits received by a widow or widower depends upon their age and life circumstances:

1. Taking care of children under the age of 16: can collect survivor’s benefits at any age in the amount of 75% of the deceased’s benefit amount
2. Between the ages of 50 and 59: 71% of the amount
3. Between the ages of 60 and full retirement age: 71 to 99% of the amount
4. Full retirement age or older: 100% of the amount.

For dependent parents of the deceased who are themselves over the age of 62, they can collect 75% each of the amount or, in the case of one surviving parent, 82% of the amount. A “dependent” parent is one whose adult child provided at least half of their financial support. In cases of divorce or stepchildren, survivor’s benefits may still apply.

Children under the age of 18 or who are disabled can collect 75% of the amount.

In addition to regular monthly payments, some families may qualify for a lump sum death payment in the amount of $255.

Even though dealing with the death of a family member, especially a financial provider, can be difficult, family members should contact their local Social Security office to start the long application process for benefits.

Should I hire a lawyer to help with my Social Security Income disability benefits claim? For many persons the answer to this question is quite obvious. Why would anyone spend money to hire a lawyer when they can complete the process themselves? Well, the truth is that there are many benefits to be derived from hiring a lawyer to assist with your SSI benefits claim, and statistics prove that those claimants who secure legal representative are often more successful than those who do not.

Selecting a Lawyer: When selecting a lawyer to handle your SSI case, there are a number of issues that you must consider. You must ensure that the lawyer that you choose has extensive experience in the handling of SSI benefit claims. After all, you want a lawyer who will know exactly what needs to be done every step of the way. In addition, try to choose a lawyer who specializes in SSI claims. This will ensure that your lawyer is more focused on your case and not distracted by a ton of other unrelated cases that he or she has to work on. As such, spend some time researching the background and case histories of potential lawyers to ensure that you find the right fit.

Expectations: It must be noted that hiring a lawyer does not necessarily ‘speed up’ the process of your disability claim. However, it does reduce the amount of stress associated with the application process. This, as the lawyer becomes responsible for analyzing all documents and communication between you and Social Security, and ensuring that everything is in order. This therefore means that tedious medical and legal documents which would have taken you weeks to pore over and try to understand are passed on to the lawyers who are able to use their extensive knowledge in these areas to decipher the information contained therein. It must be noted that quite a number of SSI claimants lose their cases because they do not understand the jargons in the numerous correspondence sent to them. As such they become overwhelmed.

Another benefit of hiring a lawyer is the fact that lawyers can apply for the release of certain legal documents and medical records that may not have been freely released to you, regardless of the fact that it is related to your claim. As such, these important documents could mean the difference between winning and losing your case.

Payment: Your SSI disability lawyer only receives payment if you win your case. As such, it is in their best interest to represent you well so as to ensure their payment. If you win your case then your lawyer receives a percentage of your back pay not exceeding $5300.00

It is therefore obvious that it is better to get a lawyer to assist you with filing your SSI claim than to attempt to take on that daunting task by yourself. After all, your goal is to be approved for SSI benefits and if a lawyer can help you to achieve that goal, while reducing the stresses associated with the process, what have you got to lose?

Being approved to receive Social Security Income (SSI for short), is not the end of the journey. In fact, in many ways, it is the beginning of a long relationship with Social Security; one that lasts as long as your disability lasts. As such, it is important to know what to expect from your Social Security office as an SSI recipient.

One thing that you may expect is constant review of your disability and the situation surrounding your disability. These periodic reviews are called Continuing Disability Reviews (CDR), and are done in order to ensure continued eligibility for SSI benefits. The law mandates Social Security to conduct these reviews every three years. However, if your disability is such that recovery is expected before three years, then your CDR may be scheduled at an earlier time deemed appropriate by the Social Security representative in charge of your case. If your disability is permanent then your CDR may not be scheduled as frequently as the regular CDRs.

Apart from reviewing the status of your disability there are other elements of your claim that are also reviewed by Social Security in order to establish your continued eligibility. This includes a review of your income, resources and living arrangements through a process called Redetermination. Redetermination assists the Social Security office in determining if your benefit payment is too high or too low, based on the change in your circumstances. As such, being selected to go through the process of redetermination is not necessarily a bad thing, as your benefits may be increased as a result.

If you have been selected for a Continuing Disability Review, or for Redetermination, you must ensure that you can provide your representative with the requisite documents needed to establish continuing need. Therefore, for a CDR you must ensure that you have current medical reports that will provide evidence that your disability has not improved. If selected for Redetermination then you must equip yourself with copies of your bank statements and savings or checking accounts. You also need to provide copies of your income such as pay stubs and income tax receipts. You may also be asked to provide documentation for other resources that you own, as well as any household bills you are required to pay.

Though it may sound overwhelming the process is quite straightforward, and may be conducted in office, by mail or over the phone.

Being approved for Social Security Income disability benefits can be a long, arduous and disappointing process. Every year many persons apply, and every year many are denied. As such it is crucial that you understand various strategies and tips that may help you to secure victory in your SSI disability application.

One important strategy is to ensure that you get regular medical treatment. Making regular visits to your health care provider will ensure that your medical records are accurate and current. Another strategy is to submit copies of your records when you apply for benefits. While the documents may not be initially requested, your Social Security representative will need them in order to make a determination on your claim. Submitting these documents before they are requested will reduce the length of time that it takes to process your claim.

Always ensure that you meet your appointments and your deadlines for everything involving Social Security. A missed appointment or deadline suggests lack of interest in your case. In addition, it may set your case back significantly as rescheduling can take weeks or months. In addition, check the status of your case regularly to ensure that everything is going well and all requisite documents are in order.

Try to be polite at all times. Remember, the Social Security representatives are people, and people tend to remember when someone has been rude to them. Being rude to a representative may severely hurt your case or, at the very least, set it back significantly.

Finally, ensure that you file an appeal if you are denied. Additionally, ensure that your appeal is filed in a timely manner. Securing a lawyer or a representative to assist you in the appeals process is also advisable, as this will help you to correct any mistakes that you may have made in your initial application.

While there are countless other strategies that you could use to give your case that much needed ‘edge’, the strategies listed above should assist you in securing an approval in your Social Security Income disability benefits claim. All the best in filing your claim.

For those who work and receive Social Security Income because of a disability, you may find yourself feeling stressed at tax time if your provisional income requires that you pay income taxes on a portion of your benefits. However, for those who meet certain income guidelines, you may qualify for an Earned Income Tax Credit, or EITC. The income guidelines vary depending on if you are married or single, how much money you made and what resources you may have. Single tax filers can receive $457 if they earned less than $13,440 in 2009. The income level for married filers is $18,440. To receive the EITC, you must be between the ages of 25 and 65 and have an investment income of less than $3,100. The maximum credit a person can receive is $5,657 if you have three or more children that live in your home. You have to file a tax return to receive the EITC. You can take a survey to determine if you qualify at: http://apps.irs.gov/app/eitc2009

Many people are afraid to apply because they think it will affect their Social Security Income or other benefits they receive. The EITC does not affect a person’s eligibility for Medicaid, food stamps or veteran’s benefits since the refund does not count as income. If you receive Social Security income for a disability, the refund is excluded from the resource test for nine months after you receive the benefit. Resources are additional income you may receive that could affect the amount of your benefit.

One of the biggest mistakes people make is thinking that their Social Security Income is not taxable. This is true only if Social Security is your only source of income. Many people also receive a retirement benefit from their former employer or other type of retirement fund, called provisional income. If you receive this, you will likely need to pay taxes. The tax guidelines are:

• If you are filing individually, and you earn between $25,000 and $34,000 then 50 percent of your Social Security is taxable. Those who made more than $34,000 must pay taxes on 85 percent of their benefits.

• Married filers must pay taxes on 50 percent of their income if they earned between $32,000 and $44,000 a year. If the combined income is more than $44,000, then 85 percent of the benefit is taxable.

No one pays taxes on more than 85 percent of your Social Security income. To avoid having to make a large payment on April 15 of every year, you can choose to have federal income taxes deducted from your Social Security. The IRS also allows you to make quarterly payments.

Unless you live in one of the nine states that does not tax income, you may have to pay state income taxes on your Social Security benefits. However of the 41 states that do have income taxes, 27 of them and the District of Columbia have exclusions for Social Security income. Check with the laws of your state before filing your income returns.
 

If you are disabled and cannot work, can you afford to wait nearly two years before receiving your Social Security income? This is what is happening to those who are applying for benefits with the Social Security Administration in Kansas City and were initially denied. The Kansas Star is reporting that the average wait time for a decision from an Administrative Law Judge is 604 days. That does not include the time it took to be denied the first time and denied when the claim was reconsidered. Many people wait 825 days or longer.

Receiving Social Security income is a tough battle even without the wait. In 2009, 2.5 million people applied for Social Security benefits and two-thirds were turned down. When the agency’s fiscal year ended in September 2009, 722,822 people were still waiting to hear if they would receive Social Security benefits. Of those that did appeal in Kansas City, four out of 10 were denied by an Administrative Law Judge. The next recourse for those who are denied is the Appeals Council, which can choose not to review the case. If this happens, the applicant can file in U.S. District Court. During this time, the applicant is likely struggling to pay their bills if they cannot work.

The wait time for a hearing with an Administrative Law Judge is blamed on budget cuts which resulted in a reduction in staff. Last year, President Barack Obama signed a bill that will add 950 administrative law judges and an addition 950 support workers at Social Security offices across the nation to help expedite the hearing process.

If you need to apply for Social Security Income, you may want to look into working with an advocate who can assist you with filing your claim and potential appeals.

Before you apply for Social Security income and after you are receiving benefits you need to continue receiving medical treatment. But many people feel they don’t have the money to visit doctors. This can keep you from getting benefits now and strip you of your benefits later.

If you don’t have a report from your doctor detailing your condition, expect to be denied Social Security disability income on your first try. If you are lucky enough to get a hearing before an Administrative Law Judge, don’t expect him or her to listen to your excuses for not seeing a doctor. Even if you don’t have money, you likely have a community health department or a clinic that provides health care for a low cost. Some states have programs to help low-income residents with health insurance.

After you are approved for benefits, you will need to continue seeing a doctor about your condition. The Social Security Administration will review your situation from time to time. You will need to prove that you are unable to work and still need benefits. If you are receiving Social Security income, you are eligible for Medicare or Medicaid which will help offset your medical expenses. Make sure you keep all of your appointments with your doctor so that you won’t run the risk of being denied you benefits during a review because you can’t prove you are still disabled. Then you will have no income to support yourself and your health will deteriorate.