Disability Secrets: March 2010 Archives

What If I Donât Have Enough Work Credits for Social Security Disability Benefits?

By Tim Moore on March 30, 2010 2:48 PM | Permalink Social Security has two disability programs to help individuals who are unable to work because of a disabling condition (or conditions). Social Security disability is based upon work credits that are earned through work activity. Each year, an individual can earn up to four work credits toward being insured for Social Security disability. The amount of work credits an individual need to be insured depends upon their age. The minimum amount of work credits needed for insured status is six and the maximum amount of credits needed to be fully insured is forty. Fully insured status requires that an individual earn one work credit per year from the year of their twenty first birthday to the year prior to the year an individual turns sixty-two, or the year an individual becomes disabled. Special rules apply to individuals who are under the age of thirty-one. For individuals over age thirty-one, their age and when they became disabled will determine how many quarters they need to be fully insured. However, disability insured status also requires that an individual have worked twenty quarters out of the last forty quarters, basically five out of the last ten years to be insured for disability. What if an individual does not have enough work credits to be insured for Social Security disability benefits? Fortunately, Social Security administers another disability program that is based upon need rather than insured status. Individuals who are not insured for Social Security disability benefits may be eligible for Supplemental Security Income disability benefits if they are able to meet the income and resource limits of the program. SSI is like many other programs in that it has income and resource limits. Income might be wages, pension, disability benefits (short or long term), workmanâs compensation, rental income, interest, etc., and a resource might be land (other than where an individual lives), inheritance, trust fund, bank account, 401K, stocks, bonds, etc). If an individualâs income or resources do not exceed the SSI program limits they may be eligible for disability benefits through the SSI disability program even though they do not have enough work credits for Social Security disability. Supplemental Security Income disability income and resource limits are subject to change, so individuals wishing to file for SSI may wish to check with Social Security to determine what those limits currently are. Return to the homepage for:Social Security Disability Secrets Social Security Disability Resource Sections

Social Security Disability Posts and Pages

Should I Apply For SSI or Social Security Disability If I Have A Part-time Job?

By Tim Moore on March 27, 2010 12:41 AM | Permalink If an individual is working part-time, should they file for disability with the Social Security Administration? The simple answer to this question is that earnings affect potential entitlement to Social Security disability and Supplemental Security Income (SSI) disability. If you consider that the Social Security definition of disability defines disability as a mental or physical impairment that has either-- A) prevented an individual from performing SGA (substantial gainful activity is a monthly amount of earnings that Social Security considers substantial) for twelve months, or B) is expected to prevent them from working at an SGA level for twelve months, or C) is expected to result in death, --you can understand that the ability to perform SGA, or work at a substantial and gainful level, is a key component to Social Securityâs disability determinations. That being said, working part time does not necessarily mean an individual is prevented from applying for SSI or Social Security disability, nor does it mean that all individuals working part-time jobs are under the SGA monthly earnings amount. If an individual is working part-time and earning over the SGA earnings amount, their disability claim will be denied prior to being sent for a medical determination. If an individual is self employed, even the amount of hours they work per month could affect their eligibility for disability benefits. However, the majority of individuals who are working under the SGA monthly amount may be eligible for disability benefits. If an individual is applying for SSI disability, wages are not the only type of income that might affect their eligibility for this need-based disability program. Individuals who receive pensions, short or long term disability benefits, workers compensation, or any other type of income have to meet income limits. Like certain other programs, SSI has income and resource limits that determine if an individual is eligible for SSI. If an individual has income that is over the SSI income limit, their disability claim will be denied prior to being sent to a disability examiner for a disability determination. In the end, an individual who is working a part time job and earning under the SGA limit, and under the SSI income limit for their family composition, may be eligible to apply for SSI or SSD, even though they are technically working. However, many individuals who could potentially apply and be approved for disability based on their medical conditions do not apply because they are under the misconception that all work activity prevents them from applying for disability. Return to the homepage for:Social Security Disability Secrets Social Security Disability Resource Sections

Social Security Disability Posts and Pages

Sending in a Social Security Disability Appeal

By Tim Moore on March 22, 2010 2:59 PM | Permalink The bottom line here is that claimants who are denied SSD and SSI should appeal the decision, because there is a very real chance that the denial will be effectivly reversed at some point in the appeals process. However, it is really up to the claimant to be sure that all appeals deadlines are met, and that Social Security has everything needed to move the appeal forward. A lot of disability applicants make the mistake of thinking that their appeal must be post-marked within 60 days of their notice of denial. Actually, in order to meet the deadline, your claim must be in the Social Security office within 65 days (60 days for the appeal plus 5 days if you are mailing it in). In light of this, be sure to follow up with Social Security to see if they actually received your disability appeal paperwork. If you have a disability attorney representing your appeal, this individual will file your paperwork for you, but if a paper appeal has been sent in versus an online appeal you, or your disability representative should still follow up with the Social Security office to be sure that what was mailed in was actually received. Social security has a fair amount of incongruity between individual field offices, meaning that some offices do things "one way" and other offices do things "another way". Despite this, most offices seem to do reasonably well at sending acknowledgments when appeals have been sent in. After an appeal has been submitted, there will, naturally, be a lengthy interval before a decision will be made and the claimant is notified of the decision. Sometimes this interval can mean months. Should you check the status of your claim while an appeal is pending? Typically, it does not hurt to do so. Calls to the disability examiner can sometimes spur increased work on the claim (disability examiners often have large caseloads and a call from a claimant can sometimes result in the examiner refocusing on that particular case--which may have the medical records intact, but nonetheless has not been "gotten to"). When the decision is made, notification will be sent. For claimants who are represented, a notice should go to both the representative and the claimant. However, sometimes Social Security notifies the claimant, but not the claimantâs attorney, when a claim is denied. Return to the homepage for:Social Security Disability Secrets Social Security Disability Resource Sections

Social Security Disability Posts and Pages

Can I supplement my Income if I am Receiving Social Security Disability?

By Tim Moore on March 17, 2010 12:41 PM | Permalink This is a tricky question in the sense that the answer is yes---but disability beneficiaries have to be very careful about work activity. In fact, work activity is the number one reason an individualâs disability can be suspended or terminated. The reason work is such a tricky issue with Social Security disability is because it is an integral part of determining if an individual is disabled in the first place. The definition of Social Security disability clearly states that an individual has to have been unable to work for the past twelve months, or that they are expected to be unable to work at a substantial gainful work activity level (each year Social Security determines what monthly amount of earnings is considered to be substantial gainful activity or SGA) for twelve months due to a medical or mental impairment. Additionally, of course, there's the fact that Social Security is a âtotal disability program, not a partial or percentage disability program like VA disability. Now is there a legal way to supplement your income when receiving Social Security disability? And how can it be done? Individuals who receive disability are allowed a nine-month trial work period in which they are allowed to make whatever earnings they wish. This trial work period does not have to be consecutive; trial work months can occur randomly over a rolling five year period beginning with the first month the individual makes more than the trial work monthly amount (each year Social Security determines the earnings amount that can be considered a trial work month) and ending when the ninth trial work month is completed. No matter when the ninth month is completed, if you are working at the SGA monthly amount or higher, your disability benefit check will be suspended due to work activity. Also, if an individual is working at the SGA level in the tenth month, their extended period of eligibility begins. This extended period of eligibility allows a disability beneficiary to contact Social Security any time during a thirty six month period if they have ceased work. Why? To restart their disability benefits. If an individual works past this time, they still have a chance of regaining their disability benefits if they file an expedited reinstatement of benefits within the five years of their disability termination. A provision to filing an expedited reinstatement, however, is that the individual has to suffer from the same medical and/or mental conditions. Individuals who file expedited reinstatements are entitled to six months of provisional payments, while their new disability determination is made. If Social Security determines that the individual is disabled, their disability benefits will continue. But if they are denied, their disability benefits will cease. Disability beneficiaries should consider whether they would ever be able to consistently work when deciding on whether or not to engage in work activity while receiving disability benefits. Since work activity can cause a suspension or termination of disability benefits, it is important to not exceed the monthly SGA amount. If an individual is able to work consistently at the SGA level or more, Social Security may consider that they have had medical improvement when their disability claim comes up for medical review. Additionally, if an individual wants to âlegallyâ supplement their Social Security disability benefits with some earnings, they must report all work activity to Social Security. If an individual does not report their work activity, Social Security will eventually catch up with their work due to employer earning reports and IRS records. Many disability applicants may become overpaid if work is not reported timely, and Social Security expects to be repaid for any overpayments. Social Security Disability Resource Sections

Social Security Disability Posts and Pages

What if I don't Meet the Social Security Disability Listing for Parkinson's Disease?

By Tim Moore on March 14, 2010 11:04 PM | Permalink Social Security has a neurological impairment listing for Parkinsonian syndrome (Parkinsonâs disease). Listing 11.06 states that an individual must have Parkinsonian syndrome with the following symptoms: Significant bradykinesia (a slowed ability to begin and continue movements and an impaired ability to adjust the bodyâs position) rigidity, or tremor in two extremities that individually or in combination with one another cause constant disturbance of gross and fine motor movements, or gait and stance. What if an individual with this condition is not able to meet or equal the listing ? Generally, Social Security disability is based upon residual functional capacity (what an individual is able to do in spite of the physical and/or mental limitations their disabling condition imposes upon them) rather than specific medical conditions. Therefore, individuals with Parkinsonâs disease are very often able to receive disability through medical vocational disability approvals even if they cannot meet or equal the specific Parkinsonian Syndrome listing criteria. Medical vocational disability allowances are based upon an individuals age, medical condition, residual functional capacity, education, and their past work history. If an individualâs residual functional capacity is so restrictive that it precludes all of their past work and they are unable to perform other jobs in the national economy (when you consider their age and education along with their restricted residual functional capacity), they may be eligible for disability benefits. Return to the homepage for:Social Security Disability Secrets Social Security Disability Resource Sections

Social Security Disability Posts and Pages

How Can I Find Out If My Social Security Disability Appeal Is Being Worked On?

By Tim Moore on March 12, 2010 9:31 PM | Permalink If you have filed a Social Security disability appeal, there are a couple of ways you can check the status of your appeal. If you want to know what is going on with your appeal, your first step should be to contact your local Social Security office. Generally, an SSA field office will at least be able to tell you if your disability appeal is being worked on, which is particularly important if you mailed your appeal in. However, having said that, it is unlikely your local office can tell you much more. When you call your local office, a claims representative or service representative will check their query systems that interface with the state disability determination agency or the Social Security disability hearings office. The state disability query system shows: A) If the disability appeal is in the agency, B) What unit your disability claim is assigned to, C) If your disability claim is active (meaning the disability examiner is still working on the claim) or closed (meaning a disability decision has been made). If your disability claim is at the hearings office, the query system indicates A) when the hearing office received your hearing request, B) if they have set a hearing date, and C) eventually the decisional outcome of your disability hearing. There may be times when you wish to know more detailed information about your appeal. If you have filed a reconsideration appeal, you can contact the actual disability examiner who is making the determination in your case. You can get their contact number from your local Social Security office or from any correspondence your have received from the state disability agency. If you call the disability examiner directly, they may be able to provide you with more information about the status of your appeal. Perhaps, they need more information from you or need to schedule a consultative examination. Sometimes your call can get your appeal moving again. In fact, it is good advice for you to check the status of your social security appeal from time to time. Sometimes decisional notices or requests for additional information get lost in the mail. If your decisional notice is lost in the mail, you may not be able to file your next appeal timely. Moreover, if the disability examiner is unable to reach you to schedule a consultative examination, or to get additional information needed to make a medical decision, your disability claim could be denied for failure to cooperate. So, there are many reasons to periodically check the progress of your Social Security disability appeal. Return to the homepage for:Social Security Disability Secrets Social Security Disability Resource Sections

Social Security Disability Posts and Pages

What Will Cause A Review Of My Social Security Disability Benefits?

By Tim Moore on March 8, 2010 6:46 PM | Permalink Quite a few individuals who receive disability benefits think that the slightest change in their situation will bring a review of their disabled status. However that isn't quite true. In actuality, only a few things will actually trigger a medical review of a disability claim and a benefit recipient's continued eligibility. The two most common causes of a medical review of a social security disability or SSI disability claim are A) work activity and B) medical diary review dates. When an individual is approved for disability their case is given a medical review diary. Most medical diary review dates are either three years or seven years; they are never more than seven although they may be sooner than three years. Medical review dates are generally based upon A) whether or not Social Security thinks medical improvement is likely and B) the age of the disabled individual. In some instances, an individual has a so-called "permanent impairment" and, as a result, they are given a three diary date for a review of their claim due to their age. However, the current trending indications are that Social Security is moving toward permanent impairment diaries of seven years more often, even in cases where the disabled individual is a younger individual. Logically, of course, it is more costly to have medical reviews every three years for individuals that have very little chance of medical improvement. Therefore, it is more practical that individuals with permanent impairments should have seven-year diaries, even if they are younger individuals by Social Security standards. I think that we will see Social Security streamlining their review process more in the future due the sheer cost of medical disability reviews. As I stated above, work activity can sometimes trigger a medical review. Social Securityâs disability process does not preclude all work activity, in fact, Social Security has moved toward trying encouraging disabled individuals to return to the work force. Another logical move on the part of Social Security to reduce the rolls of disabled individuals receiving disability benefit payments. Social Security allows an individual nine trial work months to earn whatever they wish--just a word of caution, these months do not have to be consecutive and can occur with in a five year rolling work period. In the tenth month, if an individual is working above the monthly substantial gainful activity amount their benefit will be suspended and they will enter an extended period of eligibility that will allow them to return to receiving their disability benefits if they have had to stop their work due to their medical condition. Even after the extended period of eligibility, an individual can apply for an expedited reinstatement of their benefits if they still have the same disabling conditions that allowed them to be approved in their prior claim. However, this involves six months of provisional payments and another disability determination. If Social Security finds that the individual still meets the requirements of disability, they will continue to receive disability benefits and if they are not approved for disability their benefit will cease. Work can trigger medical reviews, suspensions, and terminations of disability benefits. Return to the homepage for:Social Security Disability Secrets Social Security Disability Resource Sections

Social Security Disability Posts and Pages

Can individuals collect Social Security Disability for arthritis?

By Tim Moore on March 6, 2010 10:18 AM | Permalink Someone wrote the question, "Can individuals collect Social Security Disability for arthritis?" and so that is the focus of this post. As with all medical impairments, physical or mental in nature, a claimant can potentially be approved for disability on the basis of a medical vocational allowance, an approval that results primarily after consideration of a claimant's medical and work history. However, there are conditions that are specifically addressed in the bluebook, a.k.a. the social security disability list of impairments. In this case, an individual suffering from arthritis, a.k.a. osteoarthritis, might be evaluated under the criteria of the following Social Security disability listing impairment, 1.02. 1.02 - Major dysfunction of a joint(s) (due to any cause): characterized by chronic joint pain and stiffness and gross anatomical abnormalities (contracture, bony or fibrous ankylosis, instability, or subluxation) with signs such as abnormal motion of the affected joint or joints or limited motion and appropriate findings documented through medically acceptable imaging of joint. Appropriate findings might include joint space narrowing, ankylosis of affected joint, or bony destruction. This listing requires meeting either the following A or B criteria: A. Involvement of one major peripheral weight-bearing joint (hip, knee, or ankle), which results in an inability to ambulate effectively. An inability to ambulate effectively means that an individual has significant limitations with regard to walking, or standing. For example, an individual is unable to walk with out a walker, two crutches, or two canes, the inability to walk a block at a reasonable pace on all types of surfaces. Basically, an inability to perform all routine daily activities that involve walking or standing. Additionally, the ability to walk independently in one's home without the use of canes, walkers, or other assistive devices may not constitute effective ambulation. B. Involves one major peripheral joint in each upper extremity (elbow, wrist-hand, or wrist hand), and results in the inability to perform fine and gross movements effectively (For example, examples of inability to perform fine or gross motor movements might include the inability to perform personal hygiene, prepare a simple meal, inability to sort or handle papers, write, or even file folders at waist level). To be able to perform gross or fine motor movement an individual must be capable of reaching, pulling, pushing, grasping, and fingering to be able to perform most activities of daily living. The disability criteria above reaffirms that Social Security disability is not based upon specific conditions as much as it is based upon an individualâs ability to perform substantial work activity. Social Security evaluates all disabling conditions on the basis of either meeting or equaling the criteria established in the impairment listing or by medical vocational approvals. Medical vocational approvals are based upon and individualâs education, age, skills, and residual functional capacity (what an individual is able to do in spite of their disabling condition). Yes, people can collect Social Security disability for ordinary arthritis if they can meet or equal the criteria of any of the musculoskeletal impairment listings or if they have a residual functional capacity that is so restrictive that it precludes all of their past work and prevents them from performing any other type of work. However, most of these approvals (or denials for that matter) are based upon medical vocational factors that are sometimes up to interpretation. Consequently, many individuals who apply for disability on the basis of arthritis or any other musculoskeletal impairments have to use the Social Security appeal process in order win their disability benefits. National statistics indicate that about sixty-five percent of all initial disability claims are denied; therefore most individuals will have to use the disability appeal process to be approved for disability. Return to the homepage for:Social Security Disability Secrets Social Security Disability Resource Sections

Social Security Disability Posts and Pages

When You Apply For SSI Disability What Financial Documents Do They Check?

By Tim Moore on March 2, 2010 10:38 PM | Permalink If you are making an application for disability through the Supplemental Security Income disability program, you will have to meet income and resource limits. Social Security claims representatives will ask questions to determine what your resources and income are at your initial disability interview. Claims reps at social security field offices ask for information about your bank accounts (who do you bank with and

Disability Secrets: March 2010 Archives

Social Security Disability

Workers Compensation

What If I Donât Have Enough Work Credits for Social Security Disability Benefits?

Should I Apply For SSI or Social Security Disability If I Have A Part-time Job?

Sending in a Social Security Disability Appeal

Can I supplement my Income if I am Receiving Social Security Disability?

What if I don't Meet the Social Security Disability Listing for Parkinson's Disease?

How Can I Find Out If My Social Security Disability Appeal Is Being Worked On?

What Will Cause A Review Of My Social Security Disability Benefits?

Can individuals collect Social Security Disability for arthritis?

When You Apply For SSI Disability What Financial Documents Do They Check?

Get Help - Have a Professional Review Your Case

Talk to a Social Security Disability Advocate

Talk to a Workers Compensation Attorney

Get Informed - Social Security Disability Information

Getting Started: Social Security Disability

Who is Eligible for Disability Benefits?

Disability Denials & Appeals

Workers Compensation Claims