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Showing posts from October, 2015

SSDI vs. SSI BENEFITS

The US Social Security Administration* administers two disability programs that are in some ways similar and in other ways very different. I.  Social Security Disabiilty (SSDI) - Also Called Title 2. Requires a work history to be covered or "insured."  (A minimum number of quarters of work are needed to be covered or "insured"). Requires a medical finding of disability to receive benefits 2015 maximum individual benefit is $2,663 per month. Your benefit is based on your lifetime average earnings before you became disabled). No means testing.  You do not have to have low income to receive benefits. Has a 5 month waiting period (No benefits payable during first 5 months of disability) Financed by FICA taxes withheld from workers' pay and matched by their employers.   II.  Supplemental Security Income (SSI) - Also Called Title XVI. Requires no work history to be covered - No minimum quarters of work needed. Requires a medical finding of disability t

REQUIREMENTS FOR DISABILITY BENEFITS IN ALABAMA

A majority of Alabama's workers are covered by federal disability benefits administered by the US Social Security Administration (SSA).*  To receive benefits, a person must prove that he/she is no longer able to work at substantial gainful activity.  Here are the basic requirements. 1)  You must not presently be engaged in substantial gainful activity (full-time work). 2)  You must have a severe and medically determinable impairment. 3)  The impairment must have lasted, or be expected to last, for at least 12 consecutive months or end in death. In general terms, you must prove that you are unable to perform any of your past relevant work (PRW), i.e., work you have done within the past fifteen years.  Unless you are age 50 or over, or meet a Listing, or meet one of the medical-vocational guidelines, you will also need to prove that you cannot perform any other work which exists in substantial numbers in the national economy.  Proving that you have a severe impairment (number 2

TIPS FOR NEW SOCIAL SECURITY DISABILITY APPLICATIONS

New applications for Social Security disability are assembled by a local Social Security office, then forwarded to the Disability Determination Service (DDS) for a decision.  The DDS is a state agency operating under contract with Social Security.  DDS will make the initial medical decision as to whether a claimant meets the rules to receive disability or SSI payments. Approximately 30 percent of applicants will be approved for benefits at this level while about 70 percent will be denied.  Upon denial, the claimant has 60 days to appeal by asking for a request for a hearing before a US administrative law judge.  That request must be made in writing. The chances of being approved at the hearing are better because the claimant can be represented, can answer the judge's questions about his/her disability, can provide witnesses to testify and may submit additional medical evidence.  Also, the vocational witness that testifies for Social Security may be questioned or examined by the c

MAY I GET DISABILITY BENEFITS AND WORK FULL-TIME?

The general answer to this question is, No.  A person may not receive Social Security disability benefits if he/she is currently working full-time. According to 20 Code of Federal Regulations 404.1520(b) , if an individual engages in Substantial Gainful Activity, she is not disabled regardless of how severe her physical or mental impairments are and regardless of her age, education or work experience. Social Security defines "substantial gainful activity" as activity that is substantial and gainful.  Work will generally be deemed SGA if it produces gross wages of at least $1,090 per month. Caution:  It is the work , not the income that disqualifies.  Income from pensions, insurance, investments, etc. will not disqualify a person. Another question arises:  May I work part-time and receive Social Security disability benefits.  The answer here is not so clear cut.  The boundary line is still earning gross wages of at least $1,090 per month.  It is possible