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.

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).

Different medical and nonmedical rules govern whether a child is eligible for Social Security Income versus whether an adult is eligible for these benefits. After age 18, a person is considered with the adult rules in mind. If your child is currently receiving Social Security Income benefits, the Social Security Administration must review his or her medical condition. Most often this occurs during the one-year period after the beneficiary’s 18th birthday. The Social Security Administration will send you a letter informing you of the procedure and length of time of the review.

Benefits may change after your child’s 18th birthday. If your child was formerly not eligible for Social Security because you or your spouse made too much money or owned too much property, it is possible that your child may not be eligible. For people over 18, the Social Security Administration does not count the income and resources of other family members. In addition, if your child between the age of 18 and 22 starts or stops attending school regularly after the age of 18, his or her disability benefits may change. Be sure to notify the Social Security Administration as soon as there is a change. You can report changes by calling the Social Security Administration toll-free at 1-800-772-1213, or if you are deaf, at 1-800-325-0778. Have your Social Security number on hand.

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?

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.

The date is set, the invitations have been sent out, and you’ve picked out the cake together. However, if you are about to walk down the aisle to say “I do” to your loved one, you should look into if you also have to report your marriage to the Social Security Administration.

If you are currently receiving Social Security Disability benefits, you may need to report that you are married. The following are how marriage may affect your benefits:

• If you are receiving disability benefits on your own record, you have nothing to worry about. Payments will continue as scheduled and you also do not need to report your marriage. If you are changing your name, make sure that you do report that so your new moniker will appear on checks.

• If you are a disabled widow or widower, you will need to report a name change. Your payments will continue. Also, if your current spouse dies, you could receive higher benefits based on his or her work record.

• If you were disabled before age 22 and are receiving benefits on a Social Security record of a parent or grandparent, report your marriage. Unless if you marry someone who is receiving certain types of Social Security benefits, your payments will end. The payments cannot be started again unless if you divorce your spouse.

• If you are a child of someone who is receiving disability benefits, report your marriage immediately. Benefits end when the child marries.

Remember that Social Security Disability is based on one individual and their ability to work. If both husband and wife receive Social Security Disability, neither one can affect each other’s benefits they receive.

Before the big wedding day, make sure to schedule an appointment at your local Social Security office and bring along your significant other. It would not hurt to discuss any current benefits one (or both) of you receives and how a marriage might affect it. This might even be something important to discuss before you decide on getting engaged.

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.
 

Getting approved for Social Security income can be a lengthy process. To help those who are critically ill receive their benefits quickly, the Social Security Administration has made some changes to the Compassionate Allowances Program. The updated program allows those suffering from a certain type of condition to apply and get their benefits without having to go through a lengthy application process in which they may be denied. After holding a series of public hearings and meetings by the Social Security Administration, 38 new diseases were recently added to the Compassionate Allowances Program as of March 1, 2010. These diseases are:

• Alstrom Syndrome
• Amegakaryocytic Thrombocytopenia
• Ataxia Spinocerebellar
• Ataxia Telangiectasia
• Batten Disease
• Bilateral Retinoblastoma
• Cri du Chat Syndrome
• Degos Disease
• Early-Onset Alzheimer’s Disease
• Edwards Syndrome
• Fibrodysplasia Ossificans Progressiva
• Glutaric Acidemia Type II
• Hemophagocytic Lymphohistiocytosis (HLH), Familial Type
• Hurler Syndrome, Type IH
• Hunter Syndrome, Type II
• Idiopathic Pulmonary Fibrosis
• Junctional Epidermolysis Bullosa, Lethal Type
• Late Infantile Neuronal Ceroid Lipofuscinoses
• Leigh’s Disease
• Maple Syrup Urine Disease
• Merosin Deficient Congenital Muscular Dystrophy
• Mixed Dementia
• Mucosal Malignant Melanoma
• Neonatal Adrenoleukodystrophy
• Neuronal Ceroid Lipofuscinoses, Infantile Type
• Niemann-Pick Type C
• Patau Syndrome
• Primary Progressive Aphasia
• Progressive Multifocal Leukoencephalopathy
• Sanfilippo Syndrome
• Subacute Sclerosis Panencephalitis
• Tay Sachs Disease
• Thanatophoric Dysplasia, Type 1
• Ullrich Congenital Muscular Dystrophy
• Walker Warburg Syndrome
• Wolman Disease
• Zellweger Syndrome

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.