How is Disability Amount Determined?

How is Disability Amount Determined?

How is Disability Amount Determined? Social Security bases your disability insurance benefits (SSDI) on the amount of earnings that you paid taxes on.  Therefore, everyone’s amount is different.  

How are benefits calculated?

Earnings you paid taxes on are called “covered earnings.”  Social Security calls your average covered earnings Average Indexed Monthly Earnings (AIME).   Social Security uses your AIME to figure your Primary Insurance Amount (PIA).  Your PIA determines the amount you would receive from Social Security.  Make sure your Disability Amount Determined is correct.

Average Indexed Monthly Earnings

Social Security adjusts or indexes your lifetime earnings to account for the increase in wages that happened during the years you worked.  Social Security uses up to 35 working years in their calculation.  First, they take the years with the highest indexed earnings and add them together.  Next, they divide them by the total number of months for those years.  Then, Social Security rounds down to reach your AIME which will be used to determine your disability amount. 

Determining AIME for your disability amount

If you don’t have 35 years work history, Social Security calculates your AIME a little differently.  Firstly, they will count the number of years between the time you turned 21 and the year you became disabled.  Secondly, they subtract one-fifth of that total number of years or five years, whichever is less. 

Your Social Security earnings statement

You can also check your estimated benefit amount on your Social Security benefits statement.  Generally, checking your statement is the easiest way to find out your disability amount, which you can do by logging on to Social Security’s website at www.ssa.gov/mystatement.  You would need to set up an account before accessing your statement.  Additionally, you can request your statement from Social Security. You want to make sure your disability amount determined is accurate.

Other disability payments can reduce your disability amount

Social Security will reduce your disability payments if you receive other disability benefits.  For example, these would include worker’s compensation benefits.  They might also include temporary state disability benefits.  Generally, you can’t receive more than 80% of the average amount you earned before you became disabled.  Therefore, if both your Social Security disability benefits and other disability payments are more than 80%, Social Security reduces your disability payments. 

Other disability payments that do not reduce your disability amount

Private long-term disability insurance benefits won’t reduce your Social Security disability amount. VA or SSI benefits won’t reduce your SSDI benefits either. You want to make sure your disability amount determined is accurate.

Disability back pay

Under SSDI, you can receive benefits back to the application date.  However, you can also qualify to receive retroactive benefits.  Social Security pays retroactive benefits for the months between when you became disabled and when you applied for benefits.  Additionally, these benefits can go back one year before the application filing date. Therefore it will be involved in determining your disability amount.

SSDI back pay and the 5 month waiting period

Social Security does not pay back pay for the first five months after your disability began.  This will determine your disability amount. You start receiving benefits at the beginning of the sixth month.  Typically, the 5 month wait period can be much shorter than the time it takes for Social Security to approve your application. 

Cost of living adjustment (COLA) and your disability amount

Each year, Social Security benefits may be increased to adjust to the increasing cost of living.  Generally the Consumer Price Index (CPI) determines any COLA amounts increases each year.  Therefore it will be involved in determining your disability amount.

Determining your disability amount for SSI

Unlike SSDI, SSI is a needs based program and doesn’t depend on your work history.  Therefore, SSI has a maximum monthly rate.  Firstly, the federal SSI payment standard for 2020 is $783 per month.  Secondly, most states provide an additional small supplemental payment.  Thirdly, Social Security calculates your SSI disability amount based on your income, assets and resources.  Fourthly, your SSI benefit can be reduced by wages you or your spouse earn and other resources you receive. You want to make sure your disability amount determined is accurate.

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Make sure you start your claim the right way and apply for all the benefits you deserve. Contact us now for a free consultation.

How Do I Appeal an SSDI Denial?

How Do I Appeal an SSDI Denial?

How Do I Appeal an SSDI Denial? Has Social Security denied your claim for SSDI benefits?  You may think filing a new claim can be better than appealing.  However, you should appeal any denials.  Re-filing can delay the appeals process.  Your chances for getting SSDI benefits improve when you appeal. 

Where do I appeal an SSDI denial?

You can file an appeal several ways.  First, you can appeal your denial online.  This can be the easiest way to appeal an unfavorable decision.  Second, you can file an appeal with your local Social Security office.  If you have a representative, they can help you file an appeal of your SSDI denial. 

How long do I have to file an appeal?

You have 60 days to appeal an SSDI denial.  Social Security gives you an extra 5 days to allow you to receive your denial in the mail.  Therefore, you have a total of 65 days from the date on your denial to appeal your SSDI claim.  If you don’t file within the 65 days, you may have to re-file your claim.  Social Security allows you to file an appeal in more than 65 days if you have good cause for missing your deadline.

What is good cause to appeal an SSDI denial for missing your appeal deadline?

Good cause can include several reasons.  Social Security considers:

  • What circumstances kept you from making the request on time;
  • Social Security’s action misled you
  • Whether you didn’t understand what you needed to do to appeal
  • Whether you had any physical, mental, education or language limitations that prevented you from appealing on time

Examples of good cause for missing your deadline

  • You were very sick when the appeal was due and couldn’t have contacted Social Security yourself or through someone else.  You would need proof that you were seriously ill.
  • There was a death or serious illness in your family
  • Records needed for your appeal were destroyed by an accident or fire.
  • You never received your denial notice
  • Some other type of unusual or unavoidable circumstances and you could not reasonably be expected to have met the deadline

What information should I include in my appeal for SSDI denial?

Most importantly, you need to include updated treatment information on your appeal.  You should tell Social Security about all the doctors you’ve seen since filing your application.  You should include any emergency room visits, also include any hospitalizations.  On appeal, Social Security looks at any new or missing information that might change their minds. 

Why was my SSDI claim denied?

Many people receive a denial for SSDI benefits the first time they apply. Understanding why Social Security denied your claim can help increase your chances on appeal.  Specifically, you will know what your claim was missing or where your claim can be improved.  Common reasons include:

  • Lack of medical evidence
  • You are working
  • Not following your doctor’s orders
  • Ignoring requests

SSDI denials for lack of medical evidence

Frequently, Social Security denies claims because there was not enough medical proof to show your condition keeps you from working.  You must show that your symptoms cause serious problems in your functioning.  Therefore, you should see your doctors regularly.  Additionally, you should see specialists for your conditions.  Often, specialists keep better records about your symptoms and problems better than a general doctor.  They focus on specific information Social Security needs to approve your SSDI benefits. You need to Appeal your SSDI Denial on time or you will have to start over.

SSDI denials for working  

Social Security defines disability as the inability to work for at least 12 months.  Therefore, if you are working, you may not qualify for SSDI benefits.  Social Security considers earnings over a certain amount “substantial gainful activity” or SGA.  If you earn over the SGA limit, you won’t qualify for SSDI.  If you have not been out of work for at least 12 months, you won’t qualify for SSDI. 

SSDI denials for not following your doctor’s orders

If you don’t follow your doctor’s recommendations, Social Security could deny your case.  Your doctor’s treatment plan shows that you cannot work due to your condition.  Without a treatment plan, Social Security can have trouble establishing that your condition impacts your work ability.  This also includes taking prescribed medications correctly.  Additionally, when you don’t follow your doctor’s orders, Social Security can decide that your limitations would be less serious if you followed their recommendations.  This can result in an SSDI denial. You need to Appeal your SSDI Denial on time or you will have to start over.

SSDI denials for ignoring requests

Often, Social Security requires additional information to process your SSDI claim.  This may include more information about your treatment or work history.  Social Security may not be able to make a decision without this information.  When you don’t respond to their requests, Social Security denies your claim for failure to cooperate. 

Get help appealing your SSDI denial

If you’ve been denied for SSDI benefits, you should consider working with a disability advocate.  Hiring a disability advocate can significantly increase your chances of winning.  A disability advocate makes sure you don’t miss any deadlines for appealing.  They can help get your claim on the right track for winning your claim. 

Disability Help Group, Call Now for a Free Case Review, 800-700-0652

Make sure you start your claim the right way and apply for all the benefits you deserve. Contact us now for a free consultation.

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Disability Payment Schedule

Disability Payment Schedule

Disability Payment Schedule. The date you receive your disability payments depends on two things.  First, the date depends on the type of disability benefit you receive.  Second, it depends on your birthday.  The date you receive benefits does not affect the amount of your benefits.

Types of Disability Benefits

Social Security offers two types of disability benefits.  Social Security disability insurance benefits (SSDI) are available for people who have worked a certain number of years.  Under SSDI, you need to earn enough work credits for eligibility.  Supplemental Security Income (SSI) is a needs-based program.  Therefore, your income, assets and resources determine your SSI eligibility. 

SSDI Disability Payment Schedule

For SSDI benefits, your birthday determines the date you receive your payments. Social Security follows three schedules to send your payment.  Specifically,

  • If your birthday is on the 1st-10th of a month, SSDI checks or direct deposit will arrive on the second Wednesday of every month.
  • It is on the 11th-20th of a month, SSDI checks or direct deposit will arrive on the third Wednesday of every month.
  • On the 21st-31st of a month, SSSDI checks or direct deposit will arrive on the fourth Wednesday of every month. 

SSI Disability Payment Schedule

Social Security pays SSI benefits on the first day of each month.  It does not matter what day your birthday falls on.  If the first of the month falls on a weekend or holiday, Social Security pays your benefits the day before. 

SSDI and SSI Combined Disability Payment Schedule

Sometimes, you can receive both SSDI and SSI payments.  You may have earned enough credits for SSDI.  You may also meet the financial requirements for SSI.  However, you must get approved medically for SSDI but receive low monthly payments to receive concurrent benefits.  Social Security sends payments for both SSDI and SSI on the third day of the month. 

How Long Does it Take to Receive My Disability Payments?

Generally, you may have to wait one to two months after approval before you receive your first payment.  In some cases, it can take even longer to get your back payments.  Back payments can be delayed depending on how much money you are owed in back pay.  The more Social Security has to pay you in back pay, the longer it can take.  There may also be delays if you received worker’s compensation benefits. 

When Should I Contact Social Security for My Disability Payment Schedule?

Typically, Social Security asks that you wait at least 90 days before contacting them.  For quicker results, your disability advocate should contact Social Security.  Often, your disability advocate knows the best way to get your payments released.   Additionally, they can help provide any additional information Social Security needs to process your payments. 

How Will Social Security Send My Disability Payments?

Social Security offers several ways to send your SSDI or SSI payments.  For example,

  • Direct Deposit.  This is probably the safest way to receive your payments since they cannot be lost or stolen if deposited directly into your bank account. 
  • The Direct Express Card program.  Payments are credited directly to a swipe-able card.  You can use this debit card anywhere Debit Mastercards are accepted. 
  • Electronic Transfer Account. 
  • SSDI recipients can still receive their payments by mail.  However, you should choose to receive payments through one of Social Security’s preferred methods.  That way, you avoid the possibility of lost or stolen checks. Social Security asks that you not contact them about lost checks until the fourth day after the first of the month. 

How Often Does Social Security Send My Disability Payments?

Social Security makes disability payments on a monthly basis.  Disability payments are made on an accrual basis.  This means that the payment you receive for one month represents the benefits owed for the previous month.  For example, the payment you receive in February represents the total payment owed for January. 

Do I have to pay taxes on my disability payment schedule?

You may have to pay taxes on your Social Security benefit.  It depends on your income level.  Typically, disability benefits are not usually counted as taxable income.  However, there could be some cases where you will end up having to pay taxes on these payments. 

For example:

  • Over $25,000 and less than $34,000 for an individual
  • A combined income over $32,000 if married and filing jointly

Consequently, for higher income brackets, 85% of your benefits could be taxed, including,

  • Over $34,000 if single
  • Over $44,000 if married

Voluntary Tax Withholding for Disability Payment Schedule

Social Security offers voluntary tax withholding from your benefit.  You can choose this option by completing Form W-4V.  Social Security provides specific percentages to choose from.  You can get the form from Social Security.  Furthermore you can request the form from the IRS or ask your representative for a copy. 

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Who Qualifies for Social Security Disability?

Who Qualifies for Social Security Disability?

You can qualify for Social Security disability if you have a medical impairment or combination of medical impairments that keep you from working.  Your conditions must keep you from working for at least 12 months.  Social Security offers two types of disability benefits.  These include Social Security disability insurance benefits and Supplemental Security Income benefits.

Qualifying for Social Security Disability Insurance Benefits

To qualify for Social Security disability insurance benefits (SSDI), you must have worked a certain number of years.  Additionally, you must be between the ages of 18 and 65 years old.  You do not need to be a US citizen to qualify for SSDI.  Any worker with a valid Social Security number who paid into Social Security may file for benefits. 

Qualifying for Social Security Disability and Work Credits

You receive work credits each year that you work and pay taxes.  Generally, you need to earn a total of 20 work credits to qualify for SSDI benefits.  However, your work needs to have done recently.  Like other insurance programs, your coverage ends after a certain amount of time from when you stop working.  Unfortunately, if you stopped working more than five years before filing, you may not currently qualify for Social Security disability insurance benefits. 

Qualifying for Social Security Disability and Your Date Last Insured

Your date last insured (DLI) is the last date you can qualify for SSDI benefits.  Your DLI depends on when you last worked.  Typically, your DLI expires five years after you stop working.  However, if your earnings were low or inconsistent, your DLI may be less than five years.   For example, if you stopped working in 2020, your DLI would expire in 2025. 

Qualifying for Social Security Disability with an Expired Date Last Insured

  1. You may still qualify for SSDI benefits even if your DLI has expired. 
  2. Show your disability began before your DLI expired. 
  3. Medical evidence that shows you couldn’t work before your DLI. 

Example 1:  qualifying for Social Security disability with an expired DLI

As an example, Susan stopped working in 2012 when her lupus symptoms interfered with her ability to work.  As a result, her DLI expired in 2017.  Susan would need to show that her lupus symptoms prevented her from working before 2017. 

Qualifying for Social Security Disability:  Dependent Spouses and Children

Under SSDI, a disabled individual’s spouse and dependent children can receive partial dependent benefits.  Social Security pays benefits in addition to the disabled individual, called auxiliary benefits.  Spouses may qualify for additional benefits if they have a child under the age of 16.  They may also qualify if they are at least 62 years old.  Children may qualify if they are:

  • Under age 18
  • A disabled adult before the age of 22
  • A high school student under the age of 19

Qualifying for Supplemental Security Income Benefits

Unlike SSDI, you do not need to earn any work credits to file for Supplemental Security Income (SSI) benefits.  Social Security bases SSI eligibility on your income, assets and resources.  Additionally, both adults and children can file for SSI benefits.  For children, Social Security considers their parents’ income, assets and resources.  Dependent children or spouses do not receive payments under SSI. 

Income Guidelines to Qualify for SSI Disability Benefits

SSI benefits are considered a “means-tested” benefit.  Therefore, you must meet certain income guidelines to file.  To meet the SSI income requirements,

  • You must have less than $2,000 in assets (or $3,000 for a couple)
  • Have a very limited income
  • Are a US citizen (there are very few exceptions to this)

Example 2:  qualifying for SSI

For example, David hasn’t worked in many years.  He recently was in a car accident.  He suffered from a very serious back injury.  David lived with his parents and received food stamps.  He did not have any money in his bank account.  Since David had very little income and resources, he was able to file for SSI.  

Qualifying for SSDI and SSI

Sometimes, you can file for both SSDI and SSI benefits at the same time.  You earned enough work credits for SSDI.  You also meet the financial requirements for SSI.  Commonly, Social Security calls this “concurrent benefits.” 

Example 2:  qualifying for SSDI and SSI

For example, Janet worked consistently in the past.  However, she had to stop working due to her medical conditions.  Now that she is no longer working, she doesn’t have any income.  Janet applied for state assistance or relies on others for financial help.  Janet can file for SSDI because of her work history.  Additionally, she can file for SSI because she now has a limited income. 

Medically Qualifying for Social Security Disability Benefits

Social Security also looks at your medical conditions.  Social Security considers whether your medical conditions fall under their listing of impairments, known as the Blue Book.  Typically, the Blue Book requires that your medical conditions meet very specific requirements.  If your condition doesn’t fall under the listings, Social Security will look at what you can still do despite your impairments.  Social Security calls this your residual functional capacity.  If Social Security determines that your medical conditions keep you from working, they will approve your disability benefits. 

Working With a Disability Advocate

Hiring an experienced disability advocate greatly improves your chances of getting approved.  A disability advocate will explain both the medical and non-medical rules for qualifying for disability benefits.  They can help you file applications and appeals.  Most importantly, they prepare you for a hearing if that becomes necessary.  Specifically, your disability advocate reviews your file.  They also make sure all the necessary medical evidence has been submitted. 

Disability Help Group, Call Now for a Free Case Review, 800-700-0652

Make sure you start your claim the right way and apply for all the benefits you deserve. Contact us now for a free consultation.

What is a Disabling Condition?

What is a Disabling Condition?

What is a Disabling Condition? Social Security considers any medical condition disabling if it keeps your form working.  However, your conditions also must keep you from working for 12 months or longer.  Social Security has a list of specific conditions that will automatically qualify you for benefits, known as the “Blue Book.” 

Disabling Conditions Under the “Blue Book”

The Blue Book lists different medical conditions that qualify for disability benefits.  However, you must meet certain conditions.  Generally, the requirements under the Blue Book describe the most severe cases of any condition.  The Blue Book generally categorizes conditions by body system or function.  Although there is a separate disability listings for adults and children under the age of 18.  Above all they also include a listing for growth impairments. 

Listing of Medical Impairments

For adults, medical conditions that qualify for disability benefits include:

  • Musculoskeletal system, special senses and speech, respiratory disorders , cardiovascular disorders
  • Digestive system disorders, genitourinary disorders, hematological disorders, skin disorders
  • Endocrine disorders, congenital disorders affecting multiple body systems, neurological disorders, mental disorders, cancer and immune system disorders

Getting Disability on a Diagnosis Alone

Social Security has very few conditions that qualify you for benefits on a diagnosis alone.  These include ALS, an organ transplant and certain cancers.  Not all cancers will automatically qualify your for benefits. 

How do you Meet a Listing Level Impairment?

The Listings of Impairments set out the requirements for how severe the symptoms must be to qualify you for disability benefits.First, your doctor must diagnose you with a disability found under the listings. Second, Social Security needs to review your medical records.  They look at your doctors’ treatment notes and test results.  If you haven’t had the clinical or laboratory tests required in the listing, you should ask your doctor to perform them. 

Example 1: when your disabling condition meets a listing

For example, Donna has degenerative disc disease and herniated discs in her lower back.  Donna requires a walker for standing and walking.  She has an MRI documenting both the degenerative disc disease and herniated discs.  Her treatment records show that she has limited motion in her lower back.  She also has muscle weakness, decreased sensation and positive straight-leg raise testing.  Her doctors have continued to document these problems in her records.  Donna meets the listing under 1.04 for disorders of the spine. 

Disabling conditions and medical equivalence

If you do not meet the specific requirements under the Listings, you can medically equal them.  Social Security understands that there are many ways to diagnose and document the same illness.  Your disability may “equal’ a listing if it does not quite meet all of the requirements under the listing.  For example, the listing may require a specific result on a specific lab test.  However, you were given a different test that showed the same results.  SSA may find that your disability equals the listing.  Medical equivalence can be found if:

  • Your medical impairment is at least equal in severity and duration
  • But does not quite match the requirements under the listing.  

What if your Disabling Condition isn’t in the Listings?

You can still be found disabled if your disability isn’t found in the listings.  Social Security can still find you disabled if you can show that your conditions keep you from working.  Some examples of other disabling conditions include: Carpal Tunnel Syndrome; Fibromyalgia; Chronic Regional Pain Syndrome; Reflex sympathetic dystrophy; or Celiac Disease.

What if your Disabling Condition Doesn’t Meet or Equal the Listings?

If your disabling condition doesn’t meet the listings, Social Security considers your residual functional capacity or RFC.  Your RFC is what you are able to do despite your medical conditions.  An RFC includes both physical and mental limitations.  Social Security looks at your medical evidence to determine your RFC.  They will also consider RFC forms that are filled out by your doctors.  

What Medical Evidence is Considered?

Medical evidence for the period of time that you became disabled and unable to work will be used to determine if you are disabled, it is helpful if your treatment is continuous and ongoing.  Firstly, medical evidence can include your treatment notes and physical examinations. Secondly, imaging such as MRIs, x-rays, CT scans or nerve testing. Thirdly, blood work or biopsy results. And, lastly, pulmonary tests or mental health records.

Disabling conditions and your Age

Social Security has special disability rules the older you are.  If you are over 50 years old call us immediately to see if you qualify as an older individual. The older you are, the easier it can be to win your case. 

Example 2:  Applying the Grid Rules

For example, Justin, a 57 year old man previously worked as a painter.  He needs a cane, applied for disability because he injured his knee, trouble in standing and walking.  His medical records include MRIs and x-rays of his knee documenting his injury.  His doctors have also documented that he has pain and limited motion of his knee.  Since he is over the age of 55, the grid rules allow Social Security to approve his claim. 

 Contact us now for a free consultation.

Disability Help Group, Call Now for a Free Case Review, 800-700-0652

Make sure you start your claim the right way and apply for all the benefits you deserve. Contact us now for a free consultation.

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