Social security disability

From Wikipedia, the free encyclopedia

This article may require cleanup to meet Wikipedia's quality standards.
Please discuss this issue on the talk page or replace this tag with a more specific message.
This article has been tagged since August 2006.

In the United States of America, the Social Security Administration administers several programs to provide financial and other assistance to the disabled. For additional detailed discussions of the disability programs in the United States, see Social Security (United States).

Contents

[edit] Disclaimer

The determination of disability at the Social Security Administration involves a complex mixture of legal, medical, employment, and vocational information. The adjudication and implementation of disability benefits requires vast amounts of agency resources and staff within a complex bureaucracy. Similarly, there is a vast body of regulations, rulings, and case law regarding social security disability. As a result, information provided in a short article such as this should not be relied upon for any important purpose. The Social Security Administration (SSA) [1] advises that interested parties contact the Social Security Administration for up-to-date and accurate information. Similarly, due to the complexity of the processes and determinations made by the Social Security Administration, organizations such as the American Bar Association and NOSSCR advise that those involved in application for benefits or adjudication seek competent counsel.

[edit] What is SSDI?

Social Security Disability Insurance is a payroll tax-funded, federal insurance program. Its purpose is to provide income to people unable to work because of a disability.

[edit] How do you qualify for SSDI?

You must be insured. That means you must have worked and paid into the program (mandatory payroll taxes) for five of the last 10 years. You must also meet Social Security’s definition of disability.

[edit] What is Social Security’s definition of “disability”?

Generally, it’s being unable to work because of a verifiable mental or physical impairment expected to result in death, or has lasted, or is expected last, for at least 12 months.

Here is a more detailed explanation of Social Security's five-step process to determine if an individual qualifies for Social Security Disability Insurance:

STEP ONE simply determines if an individual is "working (engaging in substantial gainful activity)" according to the SSA definition. Earning more than $900 a month as an employee is enough to be disqualified from receiving Social Security disability benefits. See SGA and Trial Work Period Chart

STEP TWO implies that the disability must be severe enough to significantly limit one’s ability to perform basic work activities needed to do most jobs. For example: walking, standing, sitting, lifting, pushing, pulling, reaching, carrying or handling seeing, hearing and speaking understanding/carrying out and remembering simple instructions use of judgment responding appropriately to supervision, co-workers and usual work situations dealing with changes in a routine work setting

STEP THREE asks if the disability meets or equals a medical listing.

STEP FOUR explores the ability of an individual to perform work he has done in the past despite his disability. If SSA finds that a person can do his past work, benefits are denied. If the person cannot, then the process proceeds to the fifth and final step.

STEP FIVE looks at age, education, work experience and physical/mental condition to determine what other work, if any, the person can perform. To determine disability, SSA enlists vocational rules, which vary according to age.

[edit] Is it difficult to get SSDI benefits?

This is a complicated answer. Social Security makes their determination based on medical evidence. The more evidence you have in your favour, the greater your chances for winning. Statistically, however, the odds are different depending on which level of the process you are at. SSA denies about 70 percent of the people filing initial applications. For reconsiderations, the next step, the odds are even worse. 80-90 percent of those get denied. For those who can tough it out to the third step, a hearing before an Administrative Law Judge, the odds get better. More than half of those are actually approved.

[edit] How long does it take to get a decision?

Unfortunately, it’s not a quick process. Generally, it takes about three to five months for the initial decision. Reconsideration (first appeal) will take another three to five months. The second appeal is before an administrative law judge in Social Security’s Office of Disability Adjudication and Review. The average time to receive a decision at this level is 391 days.

[edit] How much will I receive?

It’s a complicated formula largely determined by the amount of your past earnings that have been subjected to FICA taxes. The maximum monthly benefit for an individual is about $2,000. The maximum that a family can receive is about $3,400 a month.

[edit] Can Social Security take away my SSDI benefits?

Yes. It doesn’t happen often, but you can lose your disability benefits if your condition improves to the point that you no longer meet SSA’s definition of “disabled.” SSA must show there has been medical improvement related to your ability to work before they can cease your SSDI benefits.

[edit] Can I get additional benefits if I have children?

Children up to age 18 or who have not graduated from high school are entitled to benefits if a parent is deceased, retired or disabled. Generally, dependent children of a disabled parent will receive about 50 percent of the disabled parent’s monthly benefit. The 50% is divided equally among all eligible dependents.

[edit] Can a person work and earn a certain amount while receiving SSDI?

There are two answers to this question that are important to highlight. The first is that the Social Security Administration has a program designed to allow you to try and re-enter the work force without risking your SSDI benefits. This “trial work period” (TWP) does however have some restrictions. It is limited to 9-months of trial work within a 60 month period but within those months of work there are no limits to how much you can earn, and still collect SSDI. Once you hit month 10 however, your SSDI benefits would be then be scheduled to end approximately 3 months later.

Secondly, the more basic answer is that you can earn up to $620 a month without losing your SSDI or having it count against your 9-months of allowable trial work.

Additionally, a trial work period is not guaranteed if you return to work before your disability claim is awarded. It is also important to be aware that during a trial work period the SSA can reevaluate if you are still meeting the disability standards based upon the work you are doing, and this could result in the loss of your SSDI benefits. If after your TWP you are still disabled, you may be eligible for an extended period of eligibility (EPE), a 36 month period beginning with the 10th month of the TWP during which a benefit can be paid for any month in which earnings drop below the Substantial Gainful Income (SGA) amount. The SGA amount in 2006 is $860 per month. If medical improvement occurs the TWP could be less than 9 months. See 2007 SGA and Trial Work Period Chart

[edit] If a person's income exceeds the Substantial Gainful Income amount and their SSDI income stops, will they continue to receive Medicare benefits if still considered disabled?

Most individuals with disabilities who work will continue to receive at least 93 consecutive months of hospital and supplementary medical insurance under Medicare, after the nine month trial work period. You pay no premium for hospital insurance. Although cash benefits may cease due to work, you have the assurance of continued health insurance.

[edit] What happens after the 93 months? Can a person buy into Medicare?

After the 93 months of premium-free Medicare coverage ends due to work, some individuals who have returned to work may buy continued Medicare coverage, as long as they remain medically disabled. Some individuals with low incomes and limited resources may be eligible for state assistance with this cost.

[edit] See also

[edit] External links

[edit] Further reading

Retrieved from "http://en.wikipedia.org../../../s/o/c/Social_security_disability.html"