What to do When Applying for Social Security Disability Gets Complicated
Posted by admin on Nov 27, 2008
Many, many Americans (even the ones who qualify for benefits) are filled with questions about the process of applying for Social Security Disability. If you are not familiar with the ins and outs of the Social Security Disability process, applying for benefits can be a pretty frustrating experience. If this is you, you are not the only one out there feeling that way. Read on for easy to understand answers to some of the social security questions we most commonly hear. We hope that this information can help you to better understand the process, and know what you should do next.
One question that is asked almost more than any other is “What is the difference between Social Security Disability and Supplemental Security Income?” This is a good question because there is a big difference in the two. Supplemental Security Income is commonly referred to as SSI, and Social Security Disability is referred to by the initials SSD. The common ground between the two is they are both for disabled citizens, but that is where the commonality ends.
Supplemental Security Income is for those disabled persons who have either never been employed and earned money, or have not been employed enough total time to make them eligible for Social Security Disability. This is a wide group, including children, mothers or fathers who stay at home, or people who worked before they were disabled, but did not pay enough into Social Security to qualify them for SSD benefits. Supplemental Security Income is a benefit given based on income as well as disability, so if you have a spouse who makes too much money, you may be denied benefits even if you would qualify otherwise.
For SSD, when you work and pay taxes you also pay Social Security. The Social Security Administration keeps records on each individual, recording how many years they worked, how much they earned, and how many Social Security “quarters” they have worked and paid. This is a statement that is sent on a yearly basis to individuals once they have earned enough quarters to qualify for SSD, should they need it. In this record, you will be able to see what kind of benefits you would be eligible for were you to become disabled and were granted SSD benefits. Your “DLI,” or Date Last Insured ,will also be referenced on your annual SSD record.
Q: “I would like to obtain a copy of my SSD record. How do I do this?
A: You can contact your local Social Security Administration office and ask for a copy of this statement. You can also obtain information from your statement over the phone, like your DLI, the amount of time you are recorded as having worked, etc. To locate your local Social Security office, simply call 1 800 772 1213 or visit the Social Security Administration’s website.
Q: “I have worked almost all of my life? How is it possible that I do not qualify for SSD benefits?”
A: This is a situation that is different for every person. When you pay into Social Security it is almost like when you pay for health coverage. A certain amount of time after you stop paying your coverage will end. This is the same for Social Security. If you work for 25 years and you decide to take early retirement you are now not “paying” into Social Security. You only have a certain amount of time to file for SSD benefits before your coverage ends. If you are in this situation and your coverage has ended then you should consider applying for SSI.
Q: “I paid good money into the Social Security system, and now it is gone! Why can’t I get it back?
A: While you certainly have a point, the Social Security system just does not work this way. You do have to be found medically disabled even for SSD benefits. Paying into the system simply qualifies you for Social Security Disability.
Q: “I am already getting Social Security Disability but its not enough, I need to get more money.”
A: This is a situation that many people find themselves in, and it is a frustrating one. Unfortunately when you are receiving Social Security Disability there is not a such thing as getting more money. Social Security Disability is very “all or nothing”; you are either approved and receive your full benefits, or you are not approved and do not receive a thing. There is only so much “money” in your “account” to be withdrawn. It is similar to if you had a regular bank account that you withdrew monthly funds from, there is only so much money in that bank account and no more is being added because you are not working.
Q: “Before I went to jail, I was receiving Social Security Disability. Why do I no longer receive my benefits?
A: When you are in jail or prison, you are a ward of the state and the state is paying for your food, clothes, and necessities. Because of this the Social Security Benefits are stopped and when you are released you often have to reapply for benefits. If you find yourself in this situation, it is a good idea to speak to a lawyer or an expert in SSD laws and policies.
Q: “How long should I expect to wait before I get approved?”
A: The answer to this changes from applicant to applicant. Almost everyone is denied at least once if not twice. Because of this, the application process generally takes anywhere from two to five years. If you are in the middle of this process, and have a hearing scheduled to evaluate your application, it is a good idea to speak with a professional who understands the ins and outs of the SSD process. Most consultations are free and they can usually tell you then if they will take your case or not.
Q: “My SSD application was approved, and I have been receiving benefits. Now they tell me they paid me too much and I have to pay them back.” A: Unfortunately, this really does happen, and is called an “overpayment case.” There are attorneys that handle this specific situation.
If you find yourself in any of these situations and you are not sure what to do start asking questions. Speak to a professional who deals with SSD, and keep in mind that if one lawyer rejects your SSD case, there are others who may be willing to take it on. There are attorneys that handle SSI but not SSD and there are attorneys that handle all types of situations with social security benefits. If you do not know how to find a Social Security lawyer or who you should speak to first, there is a referral agency for lawyers who work with Social Security cases. This organization is called NOSSCR, or the National Organization for Social Security Claimant’s Representatives. If you call them and let them know what type of social security situation it is, such as SSI benefits, an overpayment case, a cessation (where they stopped your benefits) etc, they will give you the name and number of an attorney in your area to contact.
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Children can receive social security benefits under the account of a guardian (that is, a parent, step parent, or foster parent), that is either disabled or eligible for Social Security due to retirement. They are also eligible if said guardian has died after paying social security taxes a long enough period to qualify their survivors for benefits.
Children can receive benefits if they are:
• Not married,
• Under 18 years of age,
• Or, 18 to 19 years old and still attending elementary or secondary school full time,
• Or are disabled and over 18 years old, with their disability having begun before age 22.
Q: But, will my children receive social security benefits even if they do not live with me?
Whether or not your children can receive benefits will depend on your specific relationship with them. In order to be eligible for social security benefits, your child must depend on you financially.
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Children are eligible for social security benefits under the account of a parent, step parent, or foster parent that is either disabled or retired (and therefore eligible for Social Security benefits). They are also eligible if said guardian has died after paying social security taxes a long enough period to qualify their survivors for benefits.
Children can receive benefits if they are:
• Single,
• Under 18,
• Or, 18 to 19 years old and still attending elementary or secondary school full time,
• Or are disabled and over 18 years old, with their disability having begun before age 22.
Q: But, will my children receive social security benefits even if they do not live with me?
Whether or not your children can receive benefits will depend on your specific relationship with them. In order to be eligible for social security benefits, your child must depend on you financially.
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You will do this when you believe that Social Security has made a mistake in considering you an overpayment. When requesting a reconsideration, you are essentially asking the SSA to give your file another look. If you meet with them, you may want to take a social security lawyer along, just in case.
If you do not believe that the SSA made a mistake when they calculated your overpayment, you can ask them to waive the overpayment. When you request a payment waiver, you acknowledge that you were given too much money, but would like to be exempt from paying it back.
The Social Security Administration provides more benefits to children than to any other group. Children are eligible for social security benefits under the account of a parent, step parent, or foster parent that is either disabled or retired (and therefore eligible for Social Security benefits). They are also eligible if said guardian has died after paying social security taxes a long enough period to qualify their survivors for benefits.
Children can receive benefits if they are:
• Not married,
• Less than 18 years old,
• Or, 18 to 19 years old and still attending elementary or secondary school full time,
• Or, over the age of 18 and disabled before the age of 22.
Q: But, will my children receive social security benefits even if they do not live with me?
Whether or not your children can receive benefits will depend on your specific relationship with them.
The income you receive from your business, regardless of who runs it, may be considered substantial if it exceeds a determined SGA (or substantial gainful activity) level. This level is determined by comparing your business earnings to your pre disability earnings, and the earnings of a non disabled person engaged in the same business.
Q: If I pass away while I am in the Social Security Disability application process, where does my claim go?
A: The SSA states that when an individual who was or could have been eligible to receive social security benefits becomes deceased, surviving family member can request a Lump Sum Death Payment. What does this mean? If you die in the while your claim for social security benefits is pending, your family may be able to get some of the benefits you would have been eligible to receive after the waiting period. To do this, surviving family members need to prove that their deceased relative did or could have qualified for social security benefits in the month that they died.
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Q: I am already receiving VA service connected disability benefits, can I receive anything else?
A: The answer to this question will depend on your situation. If you have a service connected disability and it has gotten worse, you can request for an increase in your rating which would result in higher benefits if a higher rating is granted. Veteran Affairs also provides expanded benefits to those veterans who cannot work due to their service connected disability. To apply for these benefits there is a separate form that needs to be filled out and filed with the VA. If you feel you are unemployable and should be receiving higher benefits you should contact a VSO or an Attorney to answer your questions and possibly assist you in obtaining these benefits.
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S. C. S. §§1521-22.
• Service - To reach eligibility for a non-service-connected pension, a veteran must have one day or more of active duty in a “period of war”, with at least 90 days total active duty.
Q: What happens when Social Security reviews my file?
A: If you are currently receiving Social Security Disability Insurance benefits, your file will be reviewed periodically. Until you are able to return to work or reach the age of retirement, your file will be subject to Continuing Disability Reviews (CDRs. ) A periodic CDR will give the disability examiner current information on your medical condition, treatments and status. The Social Security Administration is supposed to do the reviews every one, three and seven years, but they currently have quite a backlog. Given current backlogs, your file could be undergoing a CDR at any point.
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You are eligible if your injury will keep you from working for at least 12 months. You should apply for social security disability as soon as possible, since it can take quite some time for the Social Security Administration to review your claim. If you are awarded social security disability insurance, you may be eligible for retroactive payments. Regardless of how quickly your application is processed, you will not be able to receive benefits until 6 months after your date of onset. You will not be awarded retroactive benefits for that period of time.
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The SSA will consider you to be legally blind if your vision cannot be corrected to 20/200 or better in your best eye. Even those that do not fall under the category of legal blindness can receive some benefits. You may want to speak with a social security lawyer about qualifying as legally blind.
The SSA has special guidelines when working with legally blind applicants. Because being blind is so debilitating, many legally blind applicants can receive higher benefits than those with other disabilities.
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Applying for disability with the Social Security Administration can be confusing and challenging. Whether you are navigating the waters yourself or have sought the counsel of a social security lawyer, it helps to have as much information as possible on your side. The following are frequently asked questions about applying for Social Security Disability benefits.
Q: I am 10 percent disabled through workers compensation. Can I get Social Security benefits?
A: If you receive workers compensation benefits, you are still eligible to receive Social Security Disability benefits.
A social security lawyer can even help you with the qualification process.
There are several benefits for disabled persons as provided by the Social Security System. The rules for each one can be quite complicated, which is why hiring a social security lawyer can be helpful. A social security lawyer can help you differentiate between the various kinds so you can choose the one that is right for you. This article will go into detail about two types of benefits in particular; Social Security Disability Insurance or SSDI, and Supplemental Security Income or SSI.
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