The Social Security disability benefits process is similar throughout the country because Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are federal programs. However, there are some differences between the states. Below are the elements that are unique to persons with disabilities applying for and receiving benefits in Delaware.
The SSI program is mainly funded by the federal government, but Delaware chooses to pay some recipients of SSI additional monthly amounts. The State of Delaware pays addiitonal amounts to SSI recipients living in certified adult residential care facilities, assisted living, or adult foster care homes. Individuals on SSI will receive an additional $140 per month from Delaware and couples will receive an extra $448 per month. These payments are in addition to the $771 per individual and $1,157 per couple monthly payments that are paid by the federal government in 2019 (actual monthly payments may be decreased if you have additional income).
The Social Security Administration (SSA) administers the Delaware SSI state supplement, so it will automatically be included in your SSI check. Questions regarding this benefit can be asked at your local SSA office.
If you are filing a Social Security disability claim in Delaware, you have a higher than national average chance of being granted benefits with your initial application and after an appeal hearing (and your chances of winning increase if you are represented by a disability lawyer at your hearing). unfortunately, the hearing wait time is longer than the national average in Delaware, due to there only being one hearing office for Delaware. Below is a chart comparing Delaware to the national average for disability approvals.
|
Delaware |
Nationally |
|
|
Initial Application Approval |
40% |
35% |
|
Reconsideration Approval |
14% |
13% |
|
Hearing Approval |
56% |
46% |
|
Hearing Wait Time |
20 months |
18 months |
Delaware Disability Determination Services (DDS) is a state agency responsible for deciding whether or not you are disabled based on the medical evidence that you provide. Once your application is filed at your local SSA office, all questions should be directed to the DDS office that handles cases in Delaware. You'll find contact information for Delaware's DDS below.
The Office of Hearings Operations (OHO) is responsible for all SSDI and SSI appeals. There is a hearing office that services Delaware in Dover; below is the contact information.
|
DDS |
920 West Basin Road, Suite 300 New Castle, DE 19720 Mail: PO Box 15711 Wilmington, DE 19885 (302) 324-7600 |
|
OHO |
Dover Hearing Office 500 West Loockerman St., Suite 200 Dover, DE 19904 (877) 405-3671 |
In Delaware, the Division of Vocational Rehabilitation (DVR) is available for those who are disabled and want to try to go back to work. DVR provides help finding and/or keeping a job. In order to apply for these services, you must be referred by your physician, psychologist, or community rehabilitation program, or you can refer yourself by calling any DVR office.
Once you are referred, an appointment will be scheduled for you to meet with a DVR counselor to learn more about DVR and to determine if you are eligible for services. Delaware DVR follows an Order of Selection, meaning that because of financial limitations, those with the most severe disabilities will be provided services first. It is possible that you may not receive services if there are a lot of individuals with greater disabilities who also need services at the same time as you.
In Delaware, there are limits as to how much a patient can be charged to receive a copy of their medical records. Those who are requesting medical records to file a Social Security claim are not exempt from this charge. Below is a chart for the charges.
|
Maximum charge per page |
Number of pages |
|
$2 per page |
1-10 pages |
|
$1 per page |
11-20 pages |
|
$0.90 per page |
21-60 pages |
|
$0.50 per page |
61 pages and above |
Additional charges may be applied to things that cannot be photocopied, like x-rays. The doctor, medical office, or hospital can charge you the full cost of making a copy of them.
It is important to know that these per page price limitations only apply to individuals seeking copies of their own medical records. If your attorney requests your medical records on your behalf, they can be charged whatever the healthcare professional chooses to charge, and your attorney may pass that cost on to you.
There is no limit to the total amount that you can be charged for your medical records in Delaware. Large medical records may be very expensive to receive. However, those who are applying for Social Security or SSI disability benefits are not required to pay all costs for the copy before the records will be released to you—you may ask to be billed for the charges.
If you are considering hiring an attorney to represent you at a disability appeal hearing, use our lawyer locator tool below to find a lawyers and arrange a consultation.
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