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An inability to engage in any work by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.
For Supplemental Security Income (SSI), not more than a capped amount – for 2012, $698 per month. But this amount may be lowered based on assets, income, living arrangements, or other factors.
For Social Security Disability Income (SSDI) Benefits, the figure is based on your work history and how much you earned, then entered into a formula to determine how much you are entitled to receive. Most individuals receive an annual or bi-annual Social Security statement, and there you can find an estimate of your disability benefits. If you have a spouse or children who are eligible, those other individuals may be entitled to an additional amount based on your record.
Possibly, yes. Monthly cash benefits are possible after a 5-month waiting period for a disabled widow(er) or a disabled surviving divorced spouse who is aged 50 to full retirement age.
Monthly cash benefits are payable to disabled adult children of disabled, retired or deceased workers. Those children must be aged 18 or older and must have become disabled before the age of 22. The 5-month waiting period does not apply to disabled adult children.
Yes – after a 29-month waiting period from the date the Social Security Administration determines your disability began, your Medicare will begin. In the meantime, you will either need to obtain an alternative health insurance or pay for COBRA coverage through your employer.
No, but if you are granted SSI, you are entitled to Medicaid.
The spouse of a disabled worker is eligible for benefits if he or she is aged 62 or older and has in his or her care a child under the age of 16 or a disabled adult child who is entitled to benefits on the worker’s earnings record. Unmarried children are entitled to benefits until they reach age 18, or until age 19 if they are a full-time elementary or secondary school student.
First, you need to be off of work for 30 days before you can file your claim.
Second, you can either go to your local Social Security office or you may call us to review your case and we may assist you with filing your claim. You can reach us at (800)331-1127.
Even though you may believe you are unable to work due to a physical or mental impairment, your doctor’s records supporting your complaints are necessary.
Disability examiners and medical staff in the Disability Determination Services (DDS) office use medical evidence from your doctors, hospitals, clinics, or institutions where you received treatment. Those medical sources may be asked for additional information about your ability to do work-related activities, such as walking, sitting, lifting, carrying, and remembering instructions.
If we help you file your claim, we may also ask your doctors for additional information. This information can be much more persuasive and useful than if you file on your own.
Sometimes, DDS may need more medical information before they can decide your case. If it is not available from your medical sources, they may ask you to go to a special examination, called a consultative examination. It is paid for by the Social Security Administration (SSA). These can be important in making the determination of disability.
At the hearing, the claimant and witnesses testify under oath, and the testimony is recorded. The judge, who is responsible for looking into all the issues, receives written evidence as well as the testimony of witnesses. The judge will allow the claimant, the claimant’s representative or both to present arguments and examine witnesses. Sometimes experts testify at the hearings – either vocational or medical experts.
There are multiple levels of appeal: Reconsideration (in most states), Hearing and Appeals Council. Each level of appeal has 60 days in which to request appeal. If you do not file a timely appeal, you may lose your right to file again. Call us at (800)331-1127 as soon as you are denied. We may be able to help you file your appeal or a new application.
The process can be lengthy and can take months or years. Each level of appeal has new challenges. We assist with all of them.
There is an additional level of appeal outside of the Social Security Administration; however special rules apply when filing in Federal Court. We can help you file this appeal as well, if practical.
The final step in the administrative appeals process is at the Appeals Council. If you are dissatisfied with the hearing decision, you may request that the Appeals Council review the case. The council, made up of administrative appeals judges, may also, on its own motion, review a decision within 60 days of the judge’s decision.
Social Security offers vocational rehabilitation-type services (Ticket to Work Program), which are available for disabled beneficiaries who could return to work if they were provided with some assistance.
A person is considered blind if his or her vision cannot be corrected to better than 20/200 in the better eye or if his or her visual field is 20 degrees or less, even with a corrective lens. A number of special rules apply to persons who are blind. Those rules recognize the impact of blindness on a person’s ability to work. For example, the dollar amount used to determine whether a blind individual is engaging in SGA is higher than the limit for a sighted person.
If you are found disabled, your benefits will begin after you have been off of work for five full months – the five-month waiting period. Benefits are paid monthly. If a long period of time has passed while you have been waiting to be approved, you may receive retroactive benefits for the time you have been waiting (after the five-month waiting period).
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