If Someone Getting SSD Dies, Can I Get Their Benefits?
Not exactly. Social Security disability benefits (SSD) are for the disabled worker, and those benefits terminate when the recipient passes away. But that doesn’t necessarily mean dependents are on their own. Here are some benefits that may be available to surviving family members when an SSD recipient passes away.
Social Security Death Benefit
The Social Security Administration (SSA) pays a one-time, lump-sum death benefit when a recipient of either SSD or Social Security retirement benefits passes away. This is a small payment. In 2023, it’s $255. This benefit is payable to the surviving spouse if there is one. If not, the benefit may be paid to a child of the deceased.
Survivor’s Benefits
Some dependents of a deceased SSD recipient can receive survivor’s benefits.
These family members may qualify for benefits on the deceased’s work record:
A surviving spouse aged 60 or older
A surviving spouse of any age who is caring for a child of the deceased who is under the age of 16
A surviving spouse of any age who is caring for a child of the deceased who is disabled
A surviving spouse aged 50 or older who became disabled during the SSD recipient’s life or within seven years of their death.
An unmarried child of the deceased who is under the age of 18, or up to age 19 and two months if they are a full-time student in elementary or secondary school
An adult child with a disability that began before age 22
In some circumstances, others may be able to receive survivor’s benefits.
These include:
A former spouse who was married to the SSD recipient for at least 10 years and who has not remarried or who remarried after age 60
A former spouse who is caring for a child of the deceased who is under the age of 16 or disabled and is receiving child’s benefits, regardless of the length of the marriage
Parents of the deceased who are at least 62 years of age, if they received at least half of their support from the deceased SSD recipient
The amount of survivor’s benefits that a family member receives will depend on both the deceased’s work record and the number of family members receiving benefits.
An Experienced Disability Benefits Attorney Can Help
Applying for Social Security survivor benefits can be complicated. If you’ve been denied survivor benefits, don’t believe you are receiving the right amount, or just aren’t sure how to find out whether you qualify, we’re here to help. Call us today at (800) 800-3332 or fill out our contact us here now for a FREE consultation.
When most people think of qualifying for Social Security Disability (SSD), they think about proving that their medical condition is severe enough that they are unable to earn a living. That is a necessary part of the process. But, there are technical criteria that must be met before the Social Security Administration (SSA) even looks at your medical condition.
To qualify for SSD, a disabled worker must have sufficient work credits. For disability benefits, these credits are measured in two ways. The applicant must have a certain number of total work credits and a certain number of recent work credits. The number of each type of credit required varies depending on the applicant’s age.
What are Work Credits?
When you work and pay into Social Security, you collect work credits. The maximum number of credits you can earn in a year is four, regardless of how much money you make during that year. The amount of earnings it takes to constitute a credit changes over time. In 2023, you must earn $1,640 to earn one credit.
Earning credits for the year tops out at $6,560/year, so most people who work full-time–or even steady part-time jobs–will accrue four credits in a year. If you earn less, you’ll get fewer credits.
How Many Work Credits Are Required for SSD?
For most disabled workers, the minimum number of total work credits accrued to qualify for SSD benefits is 40. That’s the equivalent of 10 years of work. It’s also the same number of work credits required for Social Security retirement benefits. However, disability qualification has another element. Unless you are legally blind, you must also have a certain number of recent work credits. For most applicants, that number is 20 (the equivalent of five years of work) within the 10 years prior to applying.
Credit Requirements are Lower for Younger Workers
A worker who becomes disabled Earlier in adulthood hasn’t had as much time to receive work credits. So the number of work credits required is adjusted based on the applicant’s age. For instance, if the disabled worker is under the age of 24, they need just six work credits (1.5 years) of work in the prior three years.
If your social security record indicates that you do not have enough work credits, review the record carefully. If there are jobs missing from your record or incorrect time periods, you can correct your record.
Talk to an Experienced SSD Benefits Advocate
The rather complicated formula for work credits above is just one element of qualifying for Social Security disability benefits. Proving that your condition meets or equals a condition listed in the Blue Book, or that you are unable to work, can be much more complicated. Most Social Security disability initial applications are denied. To give yourselves the best chance of approval, work with a qualified disability benefits advocate who knows what the SSA is looking for.
To learn more about how we can help, call (800) 800-2009 right now or contact us here.
How to File a Social Security Disability Application
You have multiple options for filing an SSDI application. The Social Security Administration (SSA) recommends filing online and treats the online application as the default method. Here are a few reasons you may want to use the online application process:
You can apply any time it’s convenient for you, rather than having to wait for an appointment and then apply during business hours
The SSA says that online applications are typically processed more quickly than other application types
You can stop and start the online application, meaning that the process won’t be derailed if you’re missing some information
With the average wait time for an initial determination crossing the 7-month mark in February of 2023, it makes sense to take the most efficient route possible. However, if you can’t apply online or just don’t want to, you have other options.
Alternative Ways to Apply for Social Security Disability Benefits
Apply at Your Local Social Security Office
You can apply for disability benefits in person. One advantage to this approach is that you’ll have an SSA staff member available to answer questions or provide other assistance. You can find your local office through the SSA’s field office locator tool.
If you choose to apply in person, be sure to call ahead for an appointment. And, make sure you have all of the required information gathered.
Apply by Phone
Applying by phone is similar to applying at your local office. You’ll have an SSA representative to assist you, and they’ll ask you questions to collect the information you would fill in when completing the application. The SSA offers a starter kit to help you prepare to complete your application and interview, whether you apply online, by phone, or in person.
Need Help with Your SSDI Application?
Most Social Security disability benefits applications are initially denied. You can improve your chances of being among those applications approved in the first round by ensuring that your application is completed properly and that you have provided adequate supporting documentation to fully establish your claim. Working with an experienced disability benefits advocate can help ensure that you put together the best application possible. To learn more about how Disability Help Group can help, call (800) 800-3332 right now, or fill out the contact form on this site.
What You Need To Know About Your Disability Benefits Denial
One of the most common questions about Social Security disability benefits is “How long will the process take?” Since most SSDI applicants are denied at the initial application stage, answering that question requires an understanding of the appeals process and how long it takes to move through each stage.
Here’s a rough timeline for SSDI appeals.
The first step in the appeals process is to request reconsideration. This is by far the quickest step. The Social Security Administration (SSA) says it typically takes one to three months to get a ruling on your request for reconsideration. Note, though, that this represents actual time from filing the request to decision. You have 60 days from the denial of your application to request reconsideration. So, the actual time between receiving your denial notice and receiving a decision on your request for reconsideration of disability benefits could be one to five months, depending on how quickly you file. In some cases, it may take longer.
The SSA says it typically takes three to five months to receive a decision on your initial disability benefits application. Many applicants report that it actually takes a bit longer. So, depending on how long you take to request reconsideration and how long it takes to receive a response, you may get a ruling on your request for reconsideration at any time between six months from your original application date to 10 months or more.
The second step is a hearing before an administrative law judge (ALJ). Again, you have 60 days after receiving a decision on your request for reconsideration to request this hearing. The time between requesting this hearing and the hearing date ranges between several months and two years or more. And, that’s just how long you’ll wait for the hearing. A decision from the ALJ may arrive a few weeks or a few months after the hearing.
Depending on how quickly you request a hearing, where you live, and how long it takes the ALJ to make a decision, the time from denial on reconsideration and a determination from the ALJ could be about 10 months or more than two years. For most applicants, it will be more than a year. Add in the time it took to reach this stage and the ALJ decision may come between roughly 18 months and three years after the initial application.
The next step is to request review by the Appeals Council. Sometimes this step is quick, because the Appeals Council declines to review most cases. If the Appeals Council does take up your case, that process may take months or years.
If you get an unfavorable ruling from the Appeals Council or they decline to consider your case, the next step is to file suit in federal court. That is also a long and complicated process.
A Social Security Disability Benefits Advocate Can Help
Because the SSDI appeals process takes so long–and many applicants for disability benefits can’t afford to wait–it’s very important to present the strongest possible application and to take full advantage of the opportunity to present evidence at every stage of the appeal. So, the earlier you get knowledgeable guidance, the better. Contact us or call (800) 800-2009 to learn more about how our experienced disability advocates can help.
If you’ve been denied Social Security disability benefits, you’re in good company. Most people who apply for SSDI are denied at first. Fortunately, a great many of those who stick it out and pursue the appeals process are ultimately approved.
The question of how many times you can go through the appeals process is a bit misleading, as it seems to suggest that you can repeat the process. In fact, there are multiple opportunities within the process, but you only get one chance at each. Here’s how the process goes.
Social Security Disability Appeals Process:
When you’ve been denied SSDI benefits, you can take the following steps:
Request reconsideration – this is a review of your application and supporting documents by the same section that initially denied your claim. A different decision-maker makes the determination, and you can submit additional information.
Request a hearing before an administrative law judge (ALJ) – if your claim is still denied on reconsideration, you can request a hearing. This is a more fully-developed appeal, where you can present witnesses and additional medical information to the decision-maker.
Request review by the Appeals Council – if the ALJ finds against you, you may request Appeals Council review. However, a Council hearing isn’t guaranteed. Only a small percentage of requests are scheduled for a hearing.
File a petition in federal district court – once you’ve exhausted every administrative possibility, you can file a civil suit in federal district court. This is the final step for most applicants whose claims have not been approved at an earlier stage.
Appeal the federal district court’s decision – some applicants who lose in federal court can file an appeal. However, this process requires specific grounds, and this option isn’t available to everyone.
So, in short, there are five possible stages of appeal after an SSDI denial. However, the ALJ hearing has the highest approval rate. That means most applicants never reach the later stages.
An applicant who has been denied disability benefits can apply all over again. Whether or not that is a good idea depends on a variety of factors, including the reason for the denial, how far you got in the appeals process, how much time has passed, and whether there have been changes in your medical condition since you last submitted information to the SSA in connection with your disability claim. Generally, it is better to continue along the appeals process than to reapply, for a variety of reasons. So, it’s essential to talk to a Social Security disability advocate to determine the best avenue to take.
To learn more about how Disability Help Group can help you, contact us or call (800) 800-2009 right now.
Most Common Conditions that Qualify for Long-Term Disability Benefits
The Social Security Administration (SSA) provides only long-term disability benefits. That means that the disabling condition must either have lasted or be expected to last for at least one year or to be expected to end in death. SSA provides a listing of disabling conditions and the criteria someone suffering from those conditions must meet in order to qualify for Social Security disability (SSDI) in the Social Security Blue Book.
The Blue Book isn’t a complete listing of medical conditions that may qualify a person for SSDI, though. You may be eligible for disability benefits based on a combination of conditions. And, some conditions are far more common among SSDI recipients than others.
The Five Most Common Conditions Leading to SSDI Awards
According to the SSA, the most common conditions leading to a Social Security disability benefits award in 2021 were:
Musculoskeletal system and connective tissue disorders (36.2%)
Neoplasms, or abnormal masses of tissue, which may or may not be cancerous (12.6%)
Mental disorders (12.1%)
Circulatory system issues (10.9%)
Diseases of the nervous system and sense organs (9.4%)
Within each category, some disorders are far more common than others. For instance, though the Blue Book lists several mental disorders, depression, bipolar disorder and related conditions made up more than ⅓ of mental disorder awards in 2021.
Just 18.8% of disabled worker awards in 2021 fell outside the five categories listed above. This balance has shifted over time. For example, in 1996, just 20.6% of those receiving SSDI benefits were receiving benefits for musculoskeletal and connective tissue disorders. Across the next 25 years, that share increased from about ⅕ to more than ⅓.
What if My Condition Doesn’t Fall Into One of These Categories?
First, don’t worry! 18.8% seems like a small share for all other medical conditions, but in 2021 that 18.8% amounted to more than 100,000 disabled workers receiving new Social Security disability benefits awards. It’s also possible that your condition does fall into one of the most common categories and you just don’t recognize its technical classification. For example, before reading this post you may not have realized that cancer would be classified as “neoplasms.” Whether you are uncertain about qualifying for disability benefits or have applied for SSDI and been denied, Disability Help Group is here for you. To learn more about how we can help, call (800) 800-3332 right now, or fill out the contact form on this site.
