Q: Can the outcome of a social security disability case be affected by the employment record of an applicant?
A: Past employment is important to your disability case. Social security disability benefits are awarded not simply based on an injury, but also on the employment activities a person could be engaged in with the injury. The disability examiner for your case will, therefore, look at your employment record to see the types of work you have performed in the past. In addition, your work history will also help the examiner for your case know if you can perform other types of work. To make social security disability claims less subjective, a set of guidelines were established to help the case manager determine the eligibility of an applicant. The age of an applicant, academic history and limitations caused by the medical condition are all factored in. This grid helps them decide if a person is capable of doing any of his previous employment or other employment. The guidelines are a tool and are not perfect. The limitations of a condition and the need for social security disability insurance are very difficult to fit into a simple set of guidelines. The claims manager will still need to use some common sense and subjectivity to determine if a person can perform work. Your record of previous employment is usually the second most important aspect (next to medical condition) in establishing whether benefits should be awarded.
Q: What is the difference between SSI and SSDI?
A: SSDI and SSI are disability benefits, but they are quite different in their requirements. To be eligible for SSDI, or Social Security Disability Insurance, an applicant must have been in the workforce long enough to have accrued enough work credits for benefits. Supplemental Security Income (SSI) is awarded based on financial need. An applicant for SSI need not have been in the workforce for a certain amount of time to be eligible for benefits.
Q: How long does a claim take?
A: If all the required paperwork is submitted and filled out correctly, the average time for a claim to be initially reviewed is 90 days. The most common reason an application is delayed is due to a wait for medical records. Assuring that your claims representative has all the required information is key to avoiding delays. If your application was denied social security disability benefits after the first review step, your next steps would be filing for reconsideration and, eventually, an appeal for a hearing. Reconsideration and an appeal for hearing will, of course, add time to your process. A decision on some claims may take a couple years.
Q: Can I go to school while my social security disability insurance claim is pending?
A: You can attend classes while your social security disability insurance claim is being processed. It is best not to broadcast your academic endeavors, though, if your application was submitted due to a mental claim. Everyone knows that the stressors of going to work everyday can be quite different than those of the flexible academic environment, but the case representative reviewing your claim may assume your injury does not qualify as a disability. The claims examiner for your case may believe that your condition would not prevent you from working, if you are a student in an academic program. For this reason, applicants are frequently advised to tread lightly when declaring that they are attending classes while awaiting approval for social security disability benefits.
Q: If you are awarded social security disability benefits, when are you eligible for Medicare?
A: You are eligible for Medicare two years after the date social security determined you are entitled for social security disability benefits. That entitlement date is the date of onset of your condition (determined by social security when your claim was approved) with the 5 month waiting period added on. Your entitlement date is basically when you start collecting your social security disability payments. Medicare benefits can be awarded two years after that. You are eligible for Medicare, if you have been approved for SSDI (social security disability insurance.) You will be eligible for Medicaid if you were awarded Supplemental Security Income (SSI) benefits. For individuals who collect SSDI and SSI benefits concurrently, they should get in touch with their local social security office to know which medical benefits they will receive.
Q: How can you determine how much your social security disability insurance payments will be?
A: Your payments are determined by how old you are, your earnings, your years of employment and the amount of social security contributions you have made through payroll taxes. The current maximum an individual can receive each month in social security disability benefits is just over $2100. A family can receive as much as $3800 in monthly payments.
Q: Do I need to have a social security attorney to apply for disability benefits through social security?
A: You do not necessarily need to hire a social security attorney. Many who apply for benefits with the Social Security Administration are denied approval. Those wishing to appeal their case would be wise to seek counsel from a social security attorney. Keep in mind that just because you have a social security attorney, that alone does not guarantee that you will win your appeal. It does guarantee, however, that your appeal will be executed correctly. A social security attorney will assure that all the details for your hearing are prepared and will know how to navigate the process.
Q: When should I apply for social security disability benefits?
A: You should apply for benefits as soon as you become unable to work due to your injury. It can often take 6 or more months for your application to be completed. That is why you should apply for benefits as soon as possible. The process will take even longer, if your case is not initially approved and you wish to appeal. If you have any questions or concerns about the application process, you may want to contact a social security attorney.
Q: What is the difference between SSDI and SSI? Q: Are disability benefits and SSI the same thing?
A: Both SSDI (Social Security Disability Insurance) and SSI (Supplemental Security Income) are programs for people who have been injured and are not able to work. Only people who have been working for a certain amount of time and have contributed to Social Security qualify for SSDI. SSI, on the other hand, is based on financial need.