Social Security Disability Benefits

Mental disorders are a major category for Social Security Disability Impairments. This can be a somewhat difficult category to navigate, since mental disorders can be somewhat subjective compared to other ailments such as cancer or ALS. Organic mental disorders refers to psychological or behavioral abnormalities that are caused by a dysfunction of the brain. Even with treatment, these disorders make it impossible for the subject to adhere to a regular work life, therefore necessitating the need for disability insurance.

To prove a mental disorder, applicants must meet two requirements:

1. The demonstration of the loss of specific cognitive abilities with the presence of at least one of the following:
a. Disorientation to time or place
b. Short term or long term memory loss or impairment
c. Thinking disturbances such as hallucinations or delusions
d. Noticeable change in personality
e. Emotional liability (such as temper or anger) or impairment of impulse control

2. As a result of #1, restriction in one of these aspects:
a. Activities of daily living
b. Maintenance of social functioning
c. Maintenance of concentration.

Examples of an organic mental disorder include:

• Schizophrenia
• Affective disorders (depression)
• Mental retardation
• Anxiety related disorders (severe OCD, post traumatic stress disorder)
• Somatoform disorders (speech, vision or hearing disorders)
• Personality disorders (bi-polarism)
• Substance abuse disorders
• Autism and developmental disorders.

Many people who suffer from mental illness will need the help of family and an attorney to win disability benefits.

In some cases, applicants can file for expedited disability benefits. Most applicants have precarious financial situations and do not have the ability to wait for their benefits to be approved and begin receiving money, especially if they have no other household income or financial resources. (Tip: for financial help while waiting for your disability to be approved, apply for food stamps, energy assistance, rent assistance, and Medicaid in addition to disability benefits; you will likely meet the requirements.)

• Presumptive SSI Disability Benefits – this means that the applicant has a high likelihood of winning disability if they have one of these impairments; conditions that meet the eligibility requirements for this type of benefit include: total deafness or blindness, cerebral palsy, Down syndrome, amputation, or mental retardation

• Compassionate Allowances – this is a delicate subject, but the SSA recognizes that some conditions will likely be fatal to the applicant and will likely expedite the application of those with malignant cancers, muscular dystrophy, acute leukemia, and others; a complete list of conditions can be found here: http://www.ssa.gov/compassionateallowances/conditions.htm

• Quick Disability Determination – this process uses a predictive computer modeling program to analyze the possibility that the applicant will be found disabled; the application is then sent to a Quick Disability Determination group for review.

If you are a young person receiving Social Security Income benefits, your disability status does not make you ineligible to seek employment. In fact, the Social Security Administration has a number of policies in place to encourage young people receiving benefits to work. They also have special policies to ensure that benefits are not unfairly interrupted by part-time work.

1. Income Exclusion: If you are a young person working part-time and receiving Social Security Income, most of your income will not be included when the Social Security Administration calculates your monthly Social Security Income payment. In 2009, any student who attended school regularly and was younger than the age of 22, was able to exclude up to $1,640 of their monthly income (up to $6,600 annually) when reporting their income for Social Security Income benefits. For a student with a part-time job, this policy likely means that little to none of their income will be taken into account when the Social Security Administration calculates benefits.

2. Plan to Achieve Self-Support (PASS): This program allows children older than fifteen to save income and resources to ensure future self-sufficiency, including education- and work-related purposes. These savings are excluded when the Social Security Administration calculates the child’s monthly Social Security Income benefits. This program helps to ensure that a child can work without negatively impacting his or her government benefits.

3. Medical Assistance Exclusions: If a child requires a particular item or service in order to work at a job, the Social Security Administration will exclude some or all of the payment for this item from the child’s monthly earnings. Items or services that fall under this policy range from anything from a wheelchair or brace to hiring a personal assistant.

4. Rehabilitation and Training: Children older than 15 may be eligible to receive assistance with rehabilitation and training while working or seeking work.

5. Medicaid Coverage: Even if a young person begins earning too much money to qualify for Social Security Income benefits, Medicaid Coverage will continue up to a certain point.

These special benefits for children receiving Social Security Income work to ensure that no young person is penalized for seeking employment.

Certain rules and exceptions make it possible for people receiving Social Security Income benefits to work and still receive some or all of their monthly benefits. If you are currently receiving Social Security Income benefits and looking for work, there are many resources to help assist you in your search.

One option is to take part in the Ticket to Work Program. Working may affect the amount of your Social Security Income check. However, the Social Security Administration will exclude approximately half of your earnings when calculating your benefits. You will still receive healthcare benefits, and if you have to stop working, your benefits can be quickly reinstated.

The Ticket to Work Program provides many helpful services to jobseekers currently receiving Social Security Income benefits, such as:

1. Work Incentives Planning and Assistance (WIPA): WIPA programs throughout the country help people receiving disability benefits to find work in appropriate Employment Networks according to the person’s individual disability. They can also give the job-seeker general advice about seeking employment. WIPA programs also provide information about both health benefits covered by potential employers as well as protection and advocacy services available for Social Security Income beneficiaries. To find a WIPA in your state, visit this website.

2. Vocational Rehabilitation (VR): VR programs provide people with disabilities with training and other services to help ensure that their return to the workplace goes smoothly. In addition, Vocational Rehabilitation services can help jobseekers gain new skills to transition into a different industry. To find a VR in your area, visit this website.

3. Employment Networks (ENs): Employment Networks in your area help people eligible for a Ticket to Work to find suitable jobs. You and the Employment Network you choose must agree to work together to find employment. There may be several Employment Networks in your area, and you are free to work with as many as you choose. For more information about finding Employment Networks, visit this website or call 1-866-YourTicket (1-866-968-7842).

4. Protection and Advocacy Programs (P&As): Protection and Advocacy Programs provide information to help jobseekers with disabilities get the rehabilitative services they need before securing employment. P&As also advocate on behalf of Social Security Income beneficiaries as necessary to help them find or regain employment. To find a P&A in your area, visit this website.

For general questions about the Ticket to Work program and whether it is right for you, contact Maximus, the Ticket to Work Support Manager hotline, at 1-866-YourTicket (1-866-968-7842).

If the Social Security Administration denies your claim for Supplemental Security Income, you have the right to ask them to look at your case again.

There are four levels of appeal. When your case is denied, Social Security will send you a letter telling you which kind of appeal is right for you. You also have the right to hire a professional to assist you with the appeals process. Your lawyer, or representative, cannot legally charge you a fee without getting written permission from the Social Security Administration.

A lawyer can help you to get information from your Social Security file, collect information such as medical records that will help to support your disability claim, and accompany you with any meeting or hearing with the Social Security Administration. You may choose any lawyer or other person as your representative; there are many agencies that provide free legal services to people who qualify. Once you have chosen your representative, be sure to tell the Social Security Administration by filling out Form SSA-1696-U4, Appointment of Representative, which can also be found at your local Social Security office.

The four levels of appeal (through which your representative can help guide you) are:

1. Reconsideration: A complete review of your case by someone who did not make the first decision. Social Security will look at all evidence submitted in the first round of review, as well as any new evidence you and your representative submit to the agency.

2. Hearing: If the reconsideration is not successful, you or your representative may request a hearing. The judge will ask you for new information and evidence about your case. Other witnesses, such as medical professionals, are also allowed to be present. You or your lawyer has the right to question any witnesses. It is always to your advantage to attend the hearing along with your lawyer.

3. Appeals Council: If you disagree with the hearing decision, you or your lawyer may request a review by the Social Security’s Appeals Council. The Appeals Council has the right to accept or deny this review. If they accept the review, the council may make a decision itself or return your case to an administrative judge.

4. Federal Court: If the Appeals Council denies your case or decides not to review it, you can file a lawsuit with a federal court. Your appointed legal representative can help you make this appeal.

If you are a Social Security Income disability benefits recipient, then you need to exercise caution when considering extended international travel and vacation. This, as the length of your stay outside the country may affect your continued eligibility to receive SSI benefits.

According to Social Security guidelines, if a Social Security Income recipient is out of the country for thirty days or more he or she is no longer eligible for SSI. This rule applies to both adults and children who receive Social Security Income benefits. Therefore, you may want to think twice before sending your child off to spend summer vacation with your family outside the U.S.

There is one exception however, and this applies to children who receive Social Security Income and whose parent or parents are military personnel who have been based overseas. This rule stipulates that the child must be a citizen of the United States and must reside with ‘a parent who is a member of the Armed Forces assigned to permanent duty ashore, anywhere outside the United States.’

If your child is an Social Security Income recipient and you have recently been assigned to an overseas military base, you need to inform your Social Security office. You should also be able to provide them with details regarding your date of deployment, the timeframe in which your child is expected to join you, and contact information. In addition, be prepared to make a full disclosure of all military allowances you will receive at your new base.

Members of the United States Armed Forces already stationed overseas may receive Social Security Income disability benefits for their children. If you think that your child is eligible to receive SSI benefits then you may contact the Social Security SSI Military Children Overseas Coordinator, stationed in Cumberland, Maryland.

Once your child has been approved to receive Social Security Income disability benefits, you are mandated by law to report any change in address, resources, or income, within ten days after the end of the month in which it occurs. Failure to do so may affect your child’s continued eligibility for SSI benefits. For further information you may contact Social Security at 1-800-772-1213.

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.

If you are filing for Social Security Disability, you may be wondering how much you will receive. It is largely based on how much you have earned in the past that have been subjected to FICA taxes.

Usually someone who files has to work at least 5 years during the last 10 years. Under the age of 31? Don’t worry – the requirements are a little different since you haven’t been in the workforce as long. If you have been in the workforce for a while, the Social Security Administration calculates benefits based on an average of the highest-yielding 35 years of your working career or all of your working years if you have not yet worked that long. The current maximum monthly benefit an individual can receive is $2,000. The maximum a family can receive is about $3,400 a month.

If you have become disabled and cannot work, then you may need to calculate how much your disability payments may be. You can do this from the comfort of your own home without waiting at your local Social Security office.
The best place to begin is by visiting the Social Security Administration’s website and find the calculator for disability benefits. The calculator is useful for showing you the amount of benefits you could get monthly.

All one has to do is input all data into the calculator. You will need to have the yearly salary that you have received during your working career. This information can be found on your Social Security statement, which lists your yearly earnings under the heading of Your Taxed Social Security Earnings. Also input data relating to your date of birth, retirement age and future earnings. This information should provide your calculation of benefits.

Even if you haven’t become disabled, you might want to determine how much you could receive in the event that you are unable to work. The Social Security Administration reports that a 20-year-old worker has a 3-in-10 chance of becoming disabled before even reaching the age when he or she can retire.
If you need additional help, you can also contact your local Social Security office for assistance as well.