Social Security disability and other Social Security benefits are often the recipient’s main–or only–source of support. Both types of benefits are protected from most creditors, meaning that your Social Security disability or retirement benefits won’t be disrupted by garnishment to pay debts like credit card bills and medical collection accounts. But, there are exceptions.
One important exception is that the Social Security Administration (SSA) can recoup (take back) money that was overpaid to a recipient. They’re required by law to try to collect that money. In the past, that’s created crises for some who rely on disability benefits, because the SSA could take a recipient’s full disability check to pay themselves back. Fortunately, that’s changed in 2024.
Default Social Security Recoupment Rates Drop Dramatically
Until recently, the default for collecting over paid money from a Social Security recipient was for the SSA to keep 100% of the recipient’s benefits until the overpayment was repaid in full. Suddenly losing benefits entirely for a month or more could be catastrophic for someone reliant on disability payments.
Now, the default recoupment rate is 10%. That means that in most overpayment cases, the SSA will withhold 10% from each benefit check instead of recouping the overpayment as fast as possible by withholding full benefits. Note, though, that this new rule doesn’t apply in every case. For instance, if the overpayment resulted from fraud on the recipient’s part, the SSA can recoup more aggressively.
The SSA has also made other changes that will make it easier for disability recipients and others who rely on Social Security payments to repay overpayments over time, or even to avoid repayment.
What to Do When You Get an Overpayment Letter
When the SSA determines that you’ve received an overpayment, the first thing you should do is check to see whether you believe you have been overpaid. If you think the overpayment notice is an error, you can request reconsideration.
If you believe you received an overpayment but it wasn’t your fault and you can’t afford to pay the SSA back, you can request a waiver.
If you agree that you received an overpayment and you can afford to repay it over time, but can’t afford the amount the SSA is taking out of your benefit each month, you can request a change in the recovery rate. This option is only available if you show that you can’t afford your basic living expenses with the current rate of recoupment.
Need help? At Disability Help Group, we know the SSA’s processes can be complicated and daunting. Whether you’re facing issues with an overpayment, are just starting your disability application, or have been denied benefits, our experienced advocates are here for you. To learn more about how we can help, call 800-800-3332 right now, or fill out our contact form here.
When you’re applying for Social Security disability (SSD), you’ll typically need to provide the Social Security Administration (SSA) with a lot of medical documentation. Exactly what type of medical information is required will depend on your medical condition or conditions. The medical records SSA is looking for may include doctor’s notes, diagnostic test results, and other documentation.
The first question many SSD applicants have is where to get the documentation they need. Here’s what you need to know about finding the right doctor to work with to gather the documentation you need.
Your Own Doctor Can Be Your Best Resource
The SSA doesn’t require that medical documentation come from a doctor on their roster or one they’ve pre-approved. In fact, they often prefer information from the doctor who has been treating you. Your own doctor may already have test results and other documentation the SSA wants to see. That makes the process more efficient and saves them from having to pay a doctor to conduct exams or run tests.
Your own doctor may also be able to provide more in-depth information about the limitations you face and the progress of your medical condition, since you may have been seeing them before you became disabled, or started treatment with them early in your disability.
What if Your Doctor Won’t Participate?
Some doctors are reluctant to get involved in the SSD application process. This can happen for different reasons. In some cases, the doctor doesn’t believe disability is warranted. In others, they simply don’t want to take on the extra work of providing a statement and other information. Others have different reasons.
If concern about the complexity of the process and time commitment is an issue, you may be able to persuade your doctor to participate by doing the legwork and showing them exactly what would be required–it’s not very time-consuming. If they still don’t want to participate, you can:
If you’re being treated by both a general practitioner and one or more specialists, ask your other doctor(s) to complete documentation
Obtain your medical records and test results from the non-participating doctor
Seek a new doctor who will cooperate with the SSD application process
You’ll want to consider practicalities in finding the right doctor, such as working with someone in an accessible location and making sure the doctor is in-network for your medical insurance.
Your Disability Benefits Advocate Can Help
If you’re working with a disability benefits advocate to secure SSD benefits, your advocate may be able to help you find a doctor who will work with you, and help coordinate the collection of the information you need from your physician. That’s just one of many ways an experienced advocate can help keep your claim moving forward smoothly. To learn more about how Disability Help Group can assist with putting together the strongest application or appeal possible, call 800-800-3332 right now, or fill out our contact form here.
How to Fill Out the SSA Function Report within the Timeline
The Social Security disability (SSD) application process can be stressful, and that’s never more true than when you’re up against a tight timeline. If the Social Security Administration (SSA) asks you to complete a “function report,” you’ll typically have just 10 days to respond. That can be especially daunting because the form is 10 pages long.
The short timeline often inspires applicants to scramble, meaning they may do a cursory job of completing the form and leave out important information. You can’t afford to make that mistake. If you’re working with a disability benefits advocate, contact them immediately if the SSA asks you to complete a function report.
What is the Social Security Function Report?
A function report asks you for a wide range of information about your condition, treatment, and impact on day-to-day life, including:
Information about your living situation
Information about how your condition limits your ability to work
Information about your typical daily activities
Information about other people or animals you care for and what help you receive
Information about changes in your abilities since you became ill or were injured
Information about how your condition affects your ability to perform certain personal care and maintenance activities like bathing and preparing meals
Information about activities outside the house and how you get around
Information about your basic physical abilities and mental tolerance
Information about equipment you use, such as a wheelchair or walker
Information about the medications you take and any side effects
The form also provides an opportunity for additional comments if you have information that wasn’t covered in a question.
It’s very important to take full advantage of this opportunity to provide information to the SSA about how your life and ability to work and to care for yourself has been affected by your medical condition. Your answers could make the difference between having your SSD claim approved or having to go through a lengthy appeals process.
Ideally, you will complete the form thoroughly within the time allotted. But, your SSD benefits advocate may tell you that it’s more important to complete the form thoroughly and provide complete information, even if that takes a few more days. Make sure to get the advice you need immediately after receiving the form.
Disability Help Group is Here for You
The seasoned advocates at Disability Help Group are dedicated to helping people with disabilities get the benefits they deserve. Whether you are just applying for SSD or you are appealing a denial, call us today at 800-800-3332 to learn more about how we can help. Or, fill out the contact form on this page.
Short-term disability benefits can be an important safety net when you are temporarily unable to work due to illness or injury. Unlike Social Security disability (SSD), short-term disability is strictly time-limited. And, what is covered and for how long may vary depending on your short-term disability insurance policy.
What is Short-Term Disability Insurance?
This is an insurance policy you may purchase, or that may be provided by your employer. The coverage replaces a portion of your income for a limited time if you are unable to work due to a covered medical condition, illness, or injury. Most short-term disability policies pay about half of the disabled worker’s regular earnings, but that percentage can be higher or lower depending on the policy.
In most states, short-term disability is optional. Employers can choose whether or not to offer the coverage, and workers can choose whether or not to purchase their own policies. Unfortunately, that leaves a lot of workers without coverage. In a few states, short-term disability is covered by a state program, or employers are required to provide coverage.
How Long Can You Collect Benefits?
The amount of time you can collect short-term disability benefits will depend on the terms of your short-term disability policy. It’s common for the cap to be either three months or six months. If your disability lasts longer than that, you will need to pursue other options, such as filing a claim under any long-term disability policy you may have and applying for SSD. If you have long-term disability coverage, you will likely be required to apply for SSD, and your benefits may be reduced by the amount you receive.
Know Your Benefits Policy
Many people who have employer-provided coverage don’t pay much attention to the terms of the policy. That can mean scrambling to figure things out when injury or illness strikes. If you have coverage, take the time to understand your policy and know what coverage will be available if you need it. If you don’t have short-term disability coverage, consider looking into purchasing coverage. SSD benefits are only available if you are or are expected to be disabled for at least a year, and can take even longer to receive. That can leave a significant gap in income if you don’t have short-term coverage.
Having Trouble with Short-Term Disability?
If you’re unable to work due to disability, Disability Help Group is here for you. Whether you’re having trouble with your disability policy, your long-term disability policy, or your SSD application or appeal, our experienced advocates can help. Call us today at 800-800-3332 or fill out our contact form to learn more here.
Millions of Americans are affected daily by their knee pain. Whether it’s a short-term injury such as a torn ligament or something more long-term like arthritis, these disabilities can have serious effects on your day-to-day quality of life. Figuring out whether you are eligible for disability benefits due to your knee condition can be extremely frustrating and confusing, this is where our team can help.
Qualifying For Social Security Disability For Knee Disabilities
The cause of the knee disabilities is generally not taken into consideration when evaluating whether your condition is disabling or not. The SSA uses certain criteria to determine whether a knee disability qualifies a claimant as disabled.
To qualify for SSD benefits for your knee condition, the condition must impair your ability to walk. The Social Security Administration defines a disabling knee condition as one that causes a functional loss resulting in the inability to ambulate effectively. Your ability to ambulate may be evaluated based on your ability to walk or perform fine or gross movements for a sustained period.
Proving knee disabilities can sometimes be difficult, medical records can help you to provide evidence of a seriously disabling knee condition. These records may include, surgical reports, neurological testing, and pain management treatments.
Ineffective ambulations that may qualify as a knee disability include:
Walking without an assistive device
Maintaining a reasonable walking pace over a typical distance during regular daily activity
The ability to travel without companion assistance
The use of standard public transportation
The ability to walk a block on a rough or uneven surface at a reasonable pace
The ability to climb a few steps without the use of a handrail
Knee disabilities that may qualify someone for disability benefits can include:
Arthritis
Chronic joint pain
Dysfunction of a knee joint
Amputation at the knee
The need for an assistive device
Inability to bear weight on the knee
What You Can Do Right Now
If you believe you have a knee disability, start your claim now with an experienced Social Security Disability Advocate at Disability Help Group. This process can be extensive, our advocates can help you find the proper documentation for your disability claim which can help speed up your approval process and avoid any delays or denials that can arise. Call us today at 800-800-3322or click here to contact us now.
