What does this mean for SSD and SSI applicants who are disabled and need help? That they should follow this advice tip: learn everything you can about the approval system to better your chances of winning on appeal, with or without the help of a disability attorney or lawyer.
What Is Social Security's Definition Of Disability?
The “inability to engage in any substantial gainful activity because of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months.” Unlike Worker Compensation, or VA Disability, under Social Security you are either completely disabled, or not disabled. There is no such thing as partial, or percentage, of disability.
What Is The Difference Between SSI And SSDI Benefits?
For disability purposes, what you have to prove at a hearing is the same regardless of whether the case concerns SSI or Disability: you still have to go through the five-step sequential evaluation process. The programs differ in their technical requirements for disability.
Supplemental Security Income benefits (SSI) is a disability program for those who have little or no income or resources, except for an automobile, a home and furnishings, and are disabled. It pays a flat rate called the Federal Benefit Amount (FBA) which in 2009 is $674 per month. It pays nothing for dependents of the disabled. If you receive either money (earned or unearned) from any source, or assistance in the form of food, clothing or shelter, that amount may be reduced.
Social Security Disability Insurance benefits (SSDIB) is a disability program for persons who have worked and paid Social Security Taxes for 20 out of the last 40 quarters, generally speaking, and are disabled. It also pays for dependents of the disabled to a certain extent. The amount of Social Security Disability Insurance benefits is computed based upon average monthly earnings according to a computer program created by Social Security, and is unaffected by any other income you might get. If you are eligible for both types of Disability benefits—as some of my clients are—your payments will be subject to a complicated formula called the Windfall Offset, which reduces your SSI payments by the amount that should have been paid had the Social Security Disability Insurance benefits been paid first.
What Will Happen At My Social Security Disability Hearing?
The hearings are not like any court proceeding, in that the normal rules of evidence do not apply, although you will be sworn (or affirmed) as a witness for testimony, and medical evidence will be admitted formally to a written record referred to as your official file for purposes of the hearing. Typically attending are the Administrative Law Judge (ALJ), a court reporter and you and your representative. In some cases, the ALJ has a medical doctor (a medical expert or “ME”) or vocational expert (“VE”) present to testify at the hearing. In some cases (where a client alleges that they have seizures, for example), there may be other witnesses your attorney will want to have present to testify on your behalf, but this is rare.
Do I Have To Wait To File For Social Security Disability Benefits?
No, you can file as soon as you become disabled. Most people make the mistake of waiting too long to file for social security disability benefits. If you and your doctor believe that you won’t be able to return to work for at least a year, or your doctor or therapist advises you to seek scial security disability benefits, or you have been to Vocational Rehabilitation and they have said you are too sick to be able to benefit from their services, it is time to file for disability. In fact, if you wait more than a year after becoming disabled before filing for benefits, you may be losing valuable months of past-due benefits.
How Long Will It Take For My Social Security Disability Claim To Be Decided?
The short answer is that it is impossible to tell how long your case may take to decide. You can expect that, if you have to go to a hearing, your case will take two to three years from when you first apply to be resolved. Sometimes the wait is longer. The reason cases take so long to be decided, in most instances, have nothing to do with you or your SSD attorney. They have everything to do with Social Security’s backlogs, which are more than 500 days in most North Carolina hearing offices. There are things you can do, however, to make it possible for your attorney to submit proposals for a favorable decision without a hearing, such as get more frequent and better quality medical care, and seek more extensive support from your treating doctor.
Can I Collect Unemployment While I Wait For My Social Security Disability Hearing?
You can, but you are risking having to amend your onset date to after you last received unemployment, or having to pay back the State of North Carolina for any benefits you may have received during the same time you received social security disability Insurance Benefits. It is a violation of the North Carolina Statutes to receive unemployment insurance while applying for or receiving Social Security Disability benefits. Some Administrative Law Judges (ALJ’s) view acceptance of unemployment benefits as an implied statement that you are “ready, willing and able to work,” although the Employment Security Commission sometimes does not make this clear to persons filing for unemployment.
Can I Return To Work While I Wait For My Social Security Disability Hearing?
Yes. As long as you have been out of work for at least 12 consecutive months because of your social security disability, the impact on your claim should be minimal, and the knowledge you might gain about your own abilities may actually prove valuable to your claim. Attempting to work also shows that you are desirous of getting back to work and are not simply trying to get disability. On the other hand, if you are able to go back to work, it may show the judge that you are, in fact, capable of performing substantial gainful activity and, therefore, not disabled. as soon as you return to work, or even prepare to return to work, you should call me and discuss how it might affect your claim.
Do You Have To Be Permanently Disabled To Get Social Security Disability Benefits?
No. You have to be disabled or expect to be disabled for at least a year or have a condition that is expected to result in death.
Do I Have To Wait Until I Don't Have Any Money In The Bank Before I Can Apply For SSD Benefits?
There is no reason to wait to file your claim. If you have some money in the bank, that may disqualify you from receiving Supplemental Security Income Benefits (SSI), but not from receiving Disability Insurance Benefits (DIB). By the time your case gets to a hearing, chances are you will have spent that money in the bank and you will be eligible for receiving SSI based upon the resource limits. You still have to prove that you are disabled, however. See, above, regarding SSI and DIB.
Can I File For Social Security Disability While On Sick Leave From My Employer?
Yes; and military personnel can file for disability if they are on medical hold status with a physical evaluation board pending, provided that they are not performing any actual work.
What do you mean about unfavorable facts in my file?
These refer generally to statements by medical providers that you are not complying with treatment, missing appointments, not taking your medications, or that you are abusing alcohol or drugs. They can also be statements you make to Social Security or Disability Determination Services that are incorrect or misleading, such as that you stopped working because a plant shut down, which may imply that you could have continued working if the plant had continued to operate, and that your disability had nothing to do with your stopping work. Sometimes a condition becomes disabling at about the same time a plant closes, and it just becomes impossible for a person to return to work to another job because, medically, they are now disabled.
