Clearing the Muddy Waters of Social Security Disability
Posted by admin on Sep 17, 2009
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.
The question we probably hear more than any other is “How are Social Security Disability and Supplemental Security Income different? The truth is, there is a lot of difference between them. Social Security Disability is known as SSD and Supplemental Security Income is known as SSI. 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.
Social Security Disability works like this: you work, you pay taxes, and you pay for Social Security. Social Security keeps a statement on every individual that details how much money you made in the years you worked and how many “quarters” you have paid into the system. 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. This statement will detail how much money you could receive if you became disabled and approved for Social Security Disability benefits. This statement also tells you your Date Last Insured often referred to as your DLI.
Q: “How can I get a copy of my statement?”
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. You can find your local office by calling 1 800 772 1213 or going online to the Social Security Administration website.
Q: “Why don’t I qualify for SSD when I worked the majority of my life?”
A: The reasons why you may not qualify for benefits are different from person to 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, for instance, you work for 30 years before retiring early, the moment you leave work you will stop paying into your Social Security account. 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: “It’s my money! I worked and I paid into the system, why can’t I get my money 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 often what people say and this situation is understandable. However, in the world of Social Security benefits, the idea of “getting more money” just does not exist. With SSD you are either approved and receiving the entire benefit available to you or you are denied and receive nothing. You have only “paid” so much money into you Social Security account. 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: “I was on SSD and then I went go jail, why am I not getting my benefits anymore?”
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 does this process take?”
A: The answer to this changes from applicant to applicant. Almost everyone is denied at least once if not twice. The entire process on average can take about 2 to 5 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 Social Security professionals offer a free consultation, and will let you know up front whether or not they can take on your case.
Q: “I was approved but now they are telling me that they over paid me and I have to pay them thousands of dollars back.” A: Unfortunately, this really does happen, and is called an “overpayment case.” If this happens to you, the first thing you need to do is speak to a lawyer who handles these kinds of Social Security cases.
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. Shop for lawyers accordingly… some only take SSD or SSI cases, while others take all social security related cases. If you are not sure who to contact first there is a referral system for attorneys that specifically handle Social Security claims. This agency is called the National Organization for Social Security Claimant’s Representatives, or NOSSCR. 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.
Guidelines for Applying for Social Security Benefits
Posted by admin on Sep 11, 2009
Q: If a person is currently unable to work due to injury, can he receive social security benefits?
A: To receive social security benefits due to an injury, you must meet some requirements. When you were injured, you had to have been in the workforce and covered by insurance. You must have been employed for five out of the previous ten years as a mimimum. It is required that your job was covered by Social Security. You must be younger than the retirement age in order to receive social security benefits via the disability program. Last, but not least, your injury needs to be such that you will not be able to join the workforce again for a minimum of 12 months. There are no benefits via social security for a worker who will only be out of work for a few months due to his injury.
Q: When will social security benefits stop?
A: Social security benefits will continue until a person no longer suffers from the medical condition that made him unable to work. In that case, the benefits would continue until the second month after the medical condition had ended. Social security benefits would also end if a person reaches retirement age and is eligible for retirement benefits. Disability benefits would be converted to retirement benefits. Your file will be evaluated regularly in order to verify the status of your injury. If your medical condition does not change, though, you will not have to apply again to remain eligible for benefits.
If a person has been notified of approval, when will he receive his first payment for social security benefits?
A: A person must be out of the workforce due to the medical condition for a minimum of five months before social security benefits can begin. Ideally, in that sixth month, a qualified individual would start receiving benefits. If you have applied, but have not yet received notification for approval, the processing time can vary. The thing that usually affects how long it takes to process an application is the wait for medical records. If it takes a while to receive requested medical records, the disability examiner assigned to your case must wait until he receives them to approve or your deny your application. Most applications are reviewed and the claimant notified of a decision within four months.
Bring these Questions to Your Social Security Lawyer
Posted by admin on Sep 9, 2009
Q: If I get Supplemental Security Income benefits, will my children get them, too?
A: When applying for Social Security (whether you work with a social security lawyer or navigate the process on your own), you need to keep in mind the differences between Social Security Disability Insurance and Supplement Security Income, or SSI. One major difference is that, while children may sometimes be eligible for benefits under Social Security Disability Insurance (talk to a social security lawyer for details), under SSI they will not. Because SSI is considered to be a need based program, dependant benefits are not offered.
With Social Security Disability Insurance Benefits, however, you may be able to obtain benefits for your minor children. Your dependent children’s ability to get benefits will generally be based on your past earnings. Not all of those who apply for Social Security Disability Insurance Benefits qualify for dependents’ benefits. Those without a sufficient earnings history might not be approved. Talk to a social security lawyer for details.
Q: Can I still get SSI benefits if I have money in the bank?
A: Any social security lawyer will tell you: because SSI is a need based program, all resources and income will be counted towards qualification. Put simply, those that receive SSI benefits do not have much money or many assets. Every state in the U.S. has its own general rules about qualification for SSI, and a social security lawyer should be able to help you with the general rules behind what is considered a “resource” in your state.
See below for some of the things that are generally considered a resource, and which will be considered a part of your income.
• Coins and Currency
• Money in the Bank
• Stocks and other Investments
• Real Estate
• Life Insurance Policies
• Vehicles
• Owned Property
Though it is possible to be approved for SSI if you own a vehicle and one home, owning too many assets or “resources” can reduce your chances. In order to be approved for SSI, you must generally have less than $2000 in a bank account for a single person, or less than $3000 for two people. However, you will want to talk to a social security lawyer about the specific requirements for your state.
Q: Will they take away my benefits if I sell my house and make money off of it?
A: The answer to this question will vary from case to case, and it is a good idea to speak with a social security lawyer in this situation. If you do make money from the sale of a home, the amount of money you make will be the deciding factor in the effect on your SSI. If the profit from your home takes you over the “allowable value” of your resources at the beginning of the month, you will not be eligible for benefits for that month. And if that money stays in your possession into future months, your approval to receive SSI benefits may be questioned. If you are planning to sell a home, it is a good idea to consult a social security lawyer to understand how that sale may affect your benefits.