Social Security Disability
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What is Social Security Disability?
Social Security Disability is a U.S. government program that provides financial assistance to individuals who are unable to work due to a long-term disability. There are two different programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). SSDI is for people who have a strong work history and paid into the Social Security System for at least 5 out of the last 10 years, while SSI is meant for disabled people who do not have a consistent work history.
How to Qualify for Social Security Disability
The Social Security Administration (SSA) defines “Disability” as any injury or disease that prevents you from doing the work you did before or from adjusting to any other sort of work.Your disability should be expected to last at least 12 months or result in death.
Your disability should prevent you from earning a $1000 average monthly salary. Your condition must be severe enough that it prevents you from performing basic work-related tasks in order for your Social Security Disability claim to be considered. In order to determine if your disability is severe, the SSA has a list of Medical Conditions for each of the major body systems. However, even if your condition is not found on the list, you may still qualify for Social Security Disability benefits.
How to Apply for Social Security Disability
You can file your initial claim for disability either online, over the phone or in person at your local Social Security Field Office. The initial application stage is the first step in the Social Security Disability application process. Approximately 70% of all initial applications are denied. If your claim is denied, you will have to file a Request for Reconsideration within 60 days of receiving your letter of denial.
If your Request for Reconsideration is denied, then you may request a hearing in front of an Administrative Law Judge (ALJ). If the ALJ chooses to deny your disability application as well, then you have the option of filing an appeal with the Social Security Disability Appeals Council. If your claim is still unsuccessful after a review by the Appeals Council, your last option is to file an appeal with the Federal District Court.
Types of Social Security Benefits
Many people think of retirement benefits when they think of Social Security (SS) benefits. But the Social Security Administration (SSA) actually offers four types of benefits to those who have paid into the Social Security trust fund over a number of years, or to their family members.
Retirement Benefits
Retirement benefits are perhaps the most well-known Social Security program. When people work, a portion of the taxes they pay go toward the Social Security program. Additionally, working people earn Social Security credits, with a minimum of 40 credits being required for retirement benefits. That generally translates to a minimum of 10 years of work for people born from 1929 onward.
Other eligibility requirements determine when people can begin drawing Social Security retirement payments and the amount they receive. Currently, people can retire at age 62, and begin collecting reduced benefits. Full retirement benefits are available for people beginning between age 66 and 67, depending on their birth year. Individuals may also opt to delay their retirement up until age 70 and receive an increased benefit amount. Payment amounts vary based on many factors, but on average, the typical Social Security retirement beneficiary gets 40% of their preretirement income.
Survivors Benefits
Survivors benefits are meant to support spouses, children and parents who depended on deceased workers who paid into Social Security. Eligible individuals may receive monthly survivors benefits following the death of the worker who supported them.
Widows and widowers 60 years of age or older are an example of an eligible population. The age threshold drops to 50 years for disabled widows and widowers. There’s no age threshold for widows and widowers caring for the deceased’s child, if the child is under age 16 or disabled. Surviving divorced spouses may also be eligible, and the worker’s children up to age 19 if they’re attending school. Parents of the worker who received at least one-half of their support from the deceased and are aged 62 or older may also qualify.
Disability Insurance Benefits
The Social Security Disability Insurance program serves individuals up to age 65 who have a medical condition that meets the SSA’s definition of a disability. To qualify, a person must have paid Social Security taxes on their income and have earned a sufficient number of credits. The number of required credits can differ depending on a person’s age when they become disabled. Certain family members of qualifying individuals may also be eligible for SSDI payments.
Supplemental Security Income
The Supplemental Security Income program is funded by general tax revenue rather than Social Security taxes. The program makes payments to disabled or blind people whose resources and income fall under certain financial limits. SSI also supports seniors 65 years of age and older who aren’t disabled but meet the program’s financial guidelines.
Why are Social Security claims denied?
The SSA provides the following reasons:
- The impairment is not expected to last 12 months.
- The impairment is not severe.
- You can perform your work.
- You can pursue other work.
- The impairment is from drug addiction or alcoholism.
- You did not provide sufficient medical evidence.
- You did not follow medical treatments.
Qualifying Conditions
To receive disability benefits, you must have a qualifying medical condition. Eligible conditions include:
- Respiratory disorders
- Skin disorders
- Mental disorders
- Cancer
- Chronic heart problems
- Immune disorders
- Musculoskeletal disorders
- Hearing, vision, or speech impairments
- Congenital conditions affecting multiple body systems
- Blood disorders
- Chronic kidney disease
- Neurological disorders
- Digestive system disorders
You can find a complete list of eligible injuries and illnesses in the SAA Blue Book. However, just because your specific condition is not listed does not mean you do not qualify. The SAA adds new conditions to the Blue Book every year, and if you can prove your disability prevents you from earning a substantial income for at least one year, you may still receive benefits.
How does the Social Security disability appeals process work?
For SSDI and SSI, you have 60 days to appeal a denial of your claim.
There are four levels, and they must be followed in this order:
- Reconsideration: The SSA conducts a complete review of the claim. You can submit new evidence for your case.
- Hearing: This is a proceeding with an administrative judge from the SSA. The hearing is available online.
- Review by the Appeals Council: The SSA can either deny the claim, make a ruling, or remand the decision to the administrative judge.
- Federal court review: You can file a civil suit in federal district court. This is a complicated process, and you will want to seek help from qualified legal counsel.
What are your chances of winning a Social Security appeal?
The success rate for reconsideration was 15.7% of applications in 2019 and 61.7% for a hearing, according to research from the SSA.
The data for the SSA Appeals Council shows the number of cases remanded for hearings. This means the case was sent back for another administrative law judge hearing. In 2020, the Appeals Council processed 191,734 cases, and 14.59% were remanded. This does not necessarily mean there was a favorable outcome.
Data is not available for federal court reviews of denials. There are likely few cases because of the high costs of litigation.
What Is the Difference Between SSI and SSDI?
Social Security Disability Insurance (SSDI) benefits are awarded to disabled individuals who worked and paid Social Security insurance, while Supplemental Security Income (SSI) awards benefits to.
Can You Get Social Security Disability If You Don’t Have Enough Work Credits?
You cannot get Social Security Disability Insurance (SSDI) benefits on your own work record if you don’t have enough work credits, but you might qualify for Supplemental Security Income (SSI).
How Can I Get Disability Without Insurance?
You might be able to collect disability benefits even if you do not have a private disability insurance policy. Depending on your situation, your options could include Social Security Disability.
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