SSI
SSD
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| SSI
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Q: What is the definition of disability?
A: Under the law, a disability is any medical condition that prevents you from maintaining substantial gainful activity due to a medically determinable physical or mental impairment. The condition must last for a continuous period of 12 months or result in death. |
Q: What are the requirements for Supplemental Security Income (SSI)?
A: In order to be eligible for Supplemental Security Income (SSI), you must be disabled and impoverished. Generally, if you are eligible for welfare, you are eligible for Supplemental Security Income (SSI). |
Q: When should I apply for Supplemental Security Income (SSI) benefits?
A: You should apply for Supplemental Security Income (SSI) benefits as soon as you become disabled. The sooner you file, the safer you are, as there is no retroactivity prior to your application. |
Q: How do I apply for my benefits?
A: You may come into our office and we can walk you through the on-line application process. You may go to www.socialsecurity.gov and do an online application on your own or you may call 1-800-325-0778 and do your initial application over the phone. |
Q: What information will I need to apply for SSI Benefits?
A:
- Your Social security number;
- Your birth or baptismal certificate;
- Names, addresses and phone numbers of the doctors, caseworkers, hospitals and clinics that took care of you and the dates of your visits;
- Names and dosage of all medicine you take;
- Medical records from your doctors, therapists, hospitals, clinics and caseworkers that you already have in your possession;
- A summary of where you have worked and the kind of work you have done;
- A copy of your most recent W-2 Form.
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Q: What are the key elements used in determining my disability?
A:
- Are you working?
- Is your medical condition “severe”?
- Is your medical condition on the list of impairments?
- Can you do the work you did before?
- Can you do any other type of work?
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Q: I have already applied for disability and been turned down. How long do I have to appeal?
A: You have 60 days to appeal any denial of benefits. A denial can be appealed the same way you file an application by doing it in person at the Social Security office or by mail. If you mail your application in, we recommend you do so by certified mail so the SSA cannot deny that your appeal was filed on time. Of course, if you are our client, we would file the appeal on your behalf and make sure hat no important deadlines were missed. It is always a good idea to let us know if you’ve been denied benefits in the past as sometimes the SSA fails to send us a copy of the decision. |
Q: How many stages are there in the Social Security determination process?
A: There are at least four stages in obtaining your SSA benefits. Stage one is the initial application stage. Most people are denied at the initial application stage. The second stage is the reconsideration. After SSA makes their decision on reconsideration, you will have 60 days to appeal the decision and request a hearing. The third stage is the most critical of the four stages. It is the hearing stage. At this stage, you meet the Administrative Law Judge assigned to your case. If you are denied at hearing level, you will have 60 days to appeal the decision to the Appeals Council. If you are again denied by the Appeals Council, you have the right to file an appeal in Federal Court. Generally it is extremely difficult to file an appeal in federal court effectively without an experienced lawyer. |
Q: What can I do to strengthen my case?
A: The best cases are those with supporting medical evidence. More specifically, the strongest case will include narrative reports and assessments by your treating doctors. This means that you need to continue seeking treatment from your medical providers as much as possible throughout the entire Social Security application process. |
Q: Will I get health insurance if I get disability?
A: If you get Supplemental Security Income, you receive Medicaid effective the day you applied for Social Security Income (SSI). |
Q: Can I work and receive SSI benefits?
A: This question is too complicated to answer briefly. Generally, after you win benefits, you are allowed to work part time for a limited amount of money, approximately under $900 a month before taxes. If you are working while applying for disability, you will be denied if the work is more than a few hours a week. This question depends on how much you are working, what kind of work you are doing, how much you are getting paid, and how long you’ve worked at this job. Those questions simply cannot be answered in general. |
Q: Can someone get approved for SSI and not get approved for SSD?
A: Yes. For SSD, you must have earned enough credits through work to be eligible to receive benefits (this is called being “insured” for disability). Many people who are no longer insured because they haven’t worked recently can still get Supplemental Security Income (SSI). You may also qualify for only SSI if you haven’t worked at all (such as a child). If you qualify for both programs, you can receive both, but often a person’s SSD benefit will be a high enough amount that they will not receive both SSD and SSI. Too qualify for either program, you must meet the definition of disabled, and to get SSI you must also meet social security’s definition of impoverished. |
Q: How is my SSI benefit amount calculated?
A: In general, if you have no other source of income in your home, you will get a maximum of $623 per month. Any other income in your home and also your living arrangements could affect this amount. |
Q: How much money will I receive if I am awarded both SSDI and SSD benefits?
A: It depends on your earnings history. You will receive anywhere from $1 to $2,000 a month or more. |
Q: Is there an age requirement to receive Social Security benefits?
A: No. Any person of any age can be found disabled by Social Security. The rules change for people over 50 years of age and over 55 years of age, making it easier to obtain benefits. |
SSD
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Q: What are the requirements for Social Security Disability (SSD)?
A: First, you must have a disability that is expected to last or has lasted 12 months and you must have a substantial work history. Your qualification then depends on your age and the duration of your work history.
In or before the quarter you turn age 24 – You must have worked 1.5 years of work during the three year period ending with the quarter your disability began.
In the quarter after you turn age 24 but before the quarter you turn age 31 – You must have worked half the time for the period beginning with the quarter after you turn 21 and ending with the quarter you become disabled.
In the quarter you turn age 31 or later – You must have worked during 5 years out of the 10 year period ending with the quarter your disability began. |
Q: When should I apply for Social Security Disability (SSD)?
A: You should apply for Social security Disability Benefits as soon as you become disabled. It can be a long process and you are better off to get the process started early. |
Q: How do I apply for my benefits?
A: You may come into our office and we can walk you through the on-line application process. You may go to www.socialsecurity.gov and do an online application on your own or you may call 1-800-325-0778 and do your initial application over the phone. |
Q: What information will I need to apply for Disability Benefits?
A:
- Your Social security number;
- Your birth or baptismal certificate;
- Names, addresses and phone numbers of the doctors, caseworkers, hospitals and clinics that took care of you and the dates of your visits;
- Names and dosage of all medicine you take;
- Medical records from your doctors, therapists, hospitals, clinics and caseworkers that you already have in your possession;
- A summary of where you have worked and the kind of work you have done;
- A copy of your most recent W-2 Form.
|
Q: What are the key elements used in determining my disability?
A:
- Are you working?
- Is your medical condition “severe”?
- Is your medical condition on the list of impairments?
- Can you do the work you did before?
- Can you do any other type of work?
|
Q: I have already applied for disability and been turned down. How long do I have to appeal?
A: You have 60 days to appeal any denial of benefits. A denial can be appealed the same way you file an application by doing it in person at the Social Security office or by mail. If you mail your application in, we recommend you do so by certified mail so the SSA cannot deny that your appeal was filed on time. Of course, if you are our client, we would file the appeal on your behalf and make sure hat no important deadlines were missed. It is always a good idea to let us know if you’ve been denied benefits in the past as sometimes the SSA fails to send us a copy of the decision. |
Q: How many stages are there in the Social Security determination process?
A: There are at least four stages in obtaining your SSA benefits. Stage one is the initial application stage. Most people are denied at the initial application stage. The second stage is the reconsideration. After SSA makes their decision on reconsideration, you will have 60 days to appeal the decision and request a hearing. The third stage is the most critical of the four stages. It is the hearing stage. At this stage, you meet the Administrative Law Judge assigned to your case. If you are denied at hearing level, you will have 60 days to appeal the decision to the Appeals Council. If you are again denied by the Appeals Council, you have the right to file an appeal in Federal Court. Generally it is extremely difficult to file an appeal in federal court effectively without an experienced lawyer. |
Q: What can I do to strengthen my case?
A: The best cases are those with supporting medical evidence. More specifically, the strongest case will include narrative reports and assessments by your treating doctors. This means that you need to continue seeking treatment from your medical providers as much as possible throughout the entire Social Security application process. |
Q: Can someone get approved for SSI and not get approved for SSD?
A: Yes. For SSD, you must have earned enough credits through work to be eligible to receive benefits (this is called being “insured” for disability). Many people who are no longer insured because they haven’t worked recently can still get Supplemental Security Income (SSI). You may also qualify for only SSI if you haven’t worked at all (such as a child). If you qualify for both programs, you can receive both, but often a person’s SSD benefit will be a high enough amount that they will not receive both SSD and SSI. Too qualify for either program, you must meet the definition of disabled, and to get SSI you must also meet social security’s definition of impoverished. |
Q: Will I get health insurance if I get disability?
A: If you win Social Security Disability (SSD), you get Medicare twenty-nine months after your onset date or two years after the first date you were eligible for cash benefits, whichever is later. |
Q: Can I work and receive SSD benefits?
A: This question is too complicated to answer briefly. Generally, after you win benefits, you are allowed to work part time for a limited amount of money, approximately under $800 a month. If you are working while applying for disability, you will be denied if the work is more than a few hours a week. This question depends on how much you are working, what kind of work you are doing, how much you are getting paid, and how long you’ve worked at this job. Those questions simply cannot be answered in general. |
Q: I am receiving Social Security disability benefits. Can I work and earn money and still receive my disability benefits?
A: SS has special rules called “work incentives” that help you keep your cash benefits and Medicare while you try to work. For example, there is a trial work period during which time you can receive full benefits regardless of how much you earn, as long as you report your work activity and continue to have a disabling impairment. The trial period continues until you accumulate nine months (not necessarily consecutive) in which you perform what we call “services” within a rolling 60-month period. |
Q: How is my SSD benefit amount calculated?
A: It all depends on how much you contributed. The more money you made, the more you will get back in Social Security Disability benefits. If you die before reaching retirement age, the government does not return your payments. If you live many years on retirement, you continue to receive the monthly benefit long after you’ve been paid much more than you contributed. |
Q: How much money will I receive if I am awarded both SSD and SSI benefits?
A: It depends on your earnings history. You will receive anywhere from $1 to $2,000 a month or more. |
Q: Is there an age requirement to receive Social Security benefits?
A: No. Any person of any age can be found disabled by Social Security. The rules change for people over 50 years of age and over 55 years of age, making it easier to obtain benefits. |
Q: How long will I receive benefits?
A: You will receive benefits until you reach full retirement age, or until your condition improves to the point where you are able to work on a full time basis for over nine months. Social Security has instituted a number of provisions to encourage individuals to try to return to work without jeopardizing their disability payments. If you worked for a short period of time after the onset of your disability, you may still be entitled to a full period of disability. |
Q: What if I have other income?
A: If you receive Social Security Disability (SSD), there is no limit to the amount of other income you can receive, as long as it is not from work activity. For example, if you own an apartment building and receive income from the rents, or if you have investments that pay you dividends. If you receive Supplemental Security Income (SSI), any change in your household income, resources, or assets may affect the amount of SSI you receive. |
Q: How Jan Dill’s office paid?
A: Our fee is 25% of the past-due benefits or $5,300, whichever amount is less, but we only get paid if we are successful in getting your case approved. |
Q: What are the hidden expenses?
A: The only expenses that any of our clients may have are the cost of medical reports that may be requested from doctors, hospitals, or psychologists. We don’t charge for phone calls, paperwork, routine overhead, or our travel to the hearing, no matter how much it costs us. |
Q: What to Expect at My Social Security Hearing?
A: As a general rule of thumb, you should arrive at the Social Security hearings office a half hour prior to the time of your hearing. We will meet you in the waiting room and most often, if you have any questions we will have a few minutes to go over your case with you prior to going into the hearing room. In general, Social Security hearings are rather informal proceedings. As your attorneys, we will be with you at all times during your hearing. The proceeding will start with the judge asking you to take an oath by raising your right had and affirming that you will tell the truth. Next most judges proceed with some explanation about some procedural issues of the hearing. The hearing will then proceed most often with an opening statement from your attorney and then either the Judge or your attorney will ask you some questions. On average, most hearings last about 30-45 minutes. The Judge almost never announces what his/her decision is at the hearing but very often, your attorney will be able to tell what the decision is and will let you know after the hearing. From the time of the hearing, it will take approximately 30-60 days for you to receive a formal decision in the mail and if you are approved, it will take 4-5 months from the time of the hearing for you to start receiving your benefits. |
Q: How and When Will I Receive My Back Benefits?
A: If your total back benefit is over $3,600, it will be paid in 3 installments set 6 months apart. The first two installments will be no more than $1,869 and the third installment will be the remaining balance if any of your back benefits.
The installment payment will not be counted as a resource for 9 months after the payment is received. If the payment is not spent before the 9 month period ends, the money left over will be counted as a resource. Things bought with the money may count as resources only the month after they were bought. |
Q: Are There Times When I Could Get All of My Back Benefits at One Time?
A: You may get all of your payments at once if you are not eligible for SSI now and it appears that you will not be eligible for the 12 months after we first wrote to you about you back benefits.
You may get all of you payments right now if you have a terminal illness and are not expected to live beyond 12 months.
You may get larger installment payments if you are a person who has debts and expenses and the current debt is related to food; clothing; shelter; medicine; or medically necessary services, supplies or equipment.
You may also get larger installment payments if you have current expected expenses in the near future for medicine; or medically necessary services, supplies, or equipment; or the purchase of a home. |
Q: Am I Eligible For A Medical Card?
A: You are eligible for a medical card if you are entitled to $1 of SSI benefits. |
Q: What Happens if I Become Incarcerated?
A: You are not eligible to receive SSI benefits for any full calendar month you are in prison or jail. |
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