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.
Best Tips When Appealing Your Denied Disability Claim
Social Security disability (SSDI) benefits serve as an important safety net for U.S. workers who become disabled before retirement age. Unfortunately, most claims for Social Security disability benefits are initially denied. In other words, when you file for SSDI benefits, you should be prepared to have to work your way through the process. That means:
If your claim is still denied after reconsideration, request a hearing before an administrative law judge (ALJ), which will offer you the opportunity to share additional information and present witnesses
If your claim is denied after the ALJ hearing, request a review of the hearing decision–however, the Appeals Council gets to decide whether or not to review your case
If your claim is denied by the Appeals Council or they opt not to consider your case, file a lawsuit in federal court
Of course, each stage means additional time. So, you’ll want to make sure that you set yourself up for the greatest chance of success at every stage. Ideally, that means working with an experienced disability benefits advocate to put together your original claim or to help with whatever stage of the appeals process you’re undertaking.
Increasing Your Chances of Winning in the Appeals Process After You’ve Been Denied
The very first step toward successfully appealing your SSDI denial is understanding the reason for your denial. Carefully review your denial letter, and consider contacting your local Social Security Administration (SSA) for more information or getting help from an experienced advocate.
It’s also very important that you meet the deadline for requesting reconsideration or appealing the decision. If you miss the deadline, you can reapply, but you will set your claim back by several months and may lose out on some benefits if you have to start over.
Regardless of whether you are submitting a request for reconsideration or appearing before an ALJ, you’ll want to supplement the record in any way you can. That may mean updated medical records, the results of testing you’ve undergone since you submitted your application, witnesses who observe your daily life, or other evidence that helps show you are disabled.
An Experienced Disability Benefits Advocate Can Help With Your Denied Claim
Perhaps the most important tip is to get the help you need. Part of increasing your chances of success in the SSDI appeals process is understanding what the SSA is looking for and how best to present that evidence. Our disability benefits advocates have extensive experience with Social Security disability claims and appeals and can help you put forth the strongest case possible.
To learn more about how we can help, call 800-800-3332 or contact us here for a FREE consultation.
Social Security disability benefits can provide stable income for a worker who is no longer able to work due to medical disability. But, not everyone who suffers from a medical condition is eligible for SSD benefits. If you are considering applying for SSD, or you have been denied Social Security disability benefits, it’s important to understand what is required to successfully establish your claim.
The Social Security Administration (SSA) considers different types of evidence to determine your eligibility.
Types of Evidence to Support Your SSD Application
Technical Eligibility
Most of the evidence considered by the SSA relates to your medical condition and your ability or inability to earn a living. However, there is a threshold issue. To qualify for Social Security disability benefits, you must have accumulated a sufficient number of work credits. Usually, you won’t need to submit evidence regarding work credits, because the SSA has access to your qualifying work history. However, mistakes occasionally happen. You’ll want to verify that your work credits are accurate, and, if necessary, submit evidence to correct the record.
Evidence of Disability
For most SSD applicants, the most significant evidence of disability will come from medical providers. This may include doctor’s notes, test results, and other medical documentation. But, reports from your doctors aren’t the only type of evidence that can help support your claim for disability.
Another common type of evidence the SSA considers is information provided by other people in your life, such as friends, family members, and others who have had the opportunity to observe how your medical condition has impacted your ability to carry on daily activities.
Inability to Engage in Substantial Gainful Activity (SGA)
To qualify for Social Security disability benefits, you must demonstrate that you are unable to engage in substantial gainful activity due to your medical condition or combination of conditions. To make that determination, the SSA will need information about the types of work you have done in the past, your educational level, your age, and other information that will help them determine whether you can perform work of the type you did in the past or adapt to new work.
Assembling Evidence for Your SSD Claim
Putting together a strong application for Social Security disability benefits requires an understanding of exactly what the SSA is looking for and how they use that information. Our disability benefits advocates have extensive experience with SSD claims and appeals and can help you submit the strongest application possible.
To learn more about how Disability Help Group can help, call (800) 800-3332 right now, or contact us here for a FREE case evaluation.
Does your anxiety prevent you from working? Anxiety can cause feelings of worry or nervousness. These disorders are the most common emotional disorders. If you have an anxiety disorder, you may qualify for Social Security disability benefits.
Anxiety symptoms
Anxiety disorders have many symptoms. Frequently, these disorders can cause excessive worry or fear. They can also cause you to avoid certain places, activities, or people.
For example, symptoms may include:
Restlessness
Difficulty concentrating
Problems sleeping or fatigue
Obsessions or compulsions
Panic attacks, constant thoughts or fears about safety, or physical complaints
Types of Anxiety That Prevent Working
Anxiety disorders include several different types, these include:
Generalized anxiety disorder – six months or more of a constant state of tension or worry, not related to any specific event
Panic disorder – repeated attacks of anxiety that last up to ten minutes without any specific cause
Social anxiety disorder: fear, self-consciousness, and/or embarrassment with everyday social interactions
Agoraphobia: fear of places and situations that might cause panic, helplessness, or embarrassment. Typically, it can cause difficulty leaving your home or a particular location
Obsessive-compulsive disorder: recurrent and persistent thoughts or impulses that may make you feel can be controlled by performing repetitive behaviors
What if my anxiety prevents me from working?
You may qualify for Social Security disability benefits for your anxiety disorder. However, you must show that your symptoms are severe. They must cause problems doing normal, daily activities. Also, they must keep you from working for at least 12 months.
Social Security’s Listing for Anxiety Disorders
Social Security provides a listing of impairments. This is known as the “Blue Book.” The Blue Book provides specific conditions that you must meet to qualify for disability benefits. Social Security looks at anxiety disorders under Listing 12.06.
Meeting the listing for anxiety disorders that prevent work
First, you must have medical records that show three or more anxiety symptoms.
Specifically, you must show:
Restlessness, easily fatigued, or difficulty concentrating
Irritability, muscle tension, or problems sleeping
Second, you must show that your symptoms cause a serious problem in your functioning. Generally, you must have an extreme limitation in at least one area. Alternatively, you can have a marked limitation in at least two areas.
These areas of functioning include:
Understanding, remembering, or applying information (understanding instructions, learning new tasks, applying new knowledge to tasks, and using judgment in decisions)
Interacting with others (the ability to use socially appropriate behaviors)
Concentrating, persisting, or maintaining pace in performing tasks (staying focused and/or completing tasks)
Adapting or managing oneself (the ability to perform daily activities such as paying bills, cooking, shopping, dressing, and keeping good hygiene)
Social Security definitions of marked and extreme
Firstly, “Marked” means having a serious limitation in that area of functioning. Secondly, “Extreme” means not being able to function in that area at all. Thirdly, a Social Security psychiatrist or psychologist looks at your medical records. and decide if your anxiety disorder causes marked or extreme limitations.
Anxiety and the “C” Criteria
On the other hand, you may also meet the criteria under the listing if your anxiety disorder has been:
Medically documented as serious and persistent for at least two years and
Required to keep a highly structured setting to reduce your symptoms, such as an intensive outpatient or partial hospitalization program, or have minimal capacity to adapt to demands that are not already part of your daily life or changes to your environment
Getting disability if you don’t meet the listing
You can still qualify for disability benefits if you do not meet Social Security’s listing because Social Security looks at how your anxiety symptoms impact your ability to work. Particularly, they consider your ability to carry out simple instructions, make simple work-related decisions, respond appropriately to supervision and co-workers, handle changes in a routine, and show up to work consistently, arrive on time, or leave early.
Example 1: Anxiety prevents you from working
As an example, Joan suffers from anxiety and panic attacks, Her panic attacks happen unexpectedly, she receives medication from her psychiatrist and she also sees a therapist regularly. However, she still suffers from panic attacks many times during the day. She has even had to go to the emergency room during her panic attacks. Her panic attacks make it hard for her to finish things she starts. At times, her panic attacks keep her from leaving the house. Social Security finds that Joan would miss work a lot due to her panic attacks. Therefore, Joan qualifies for disability benefits.
What evidence do I need if my anxiety prevents me from working?
Social Security requests medical records from your doctors. As a rule, it is best to get treatment from a psychiatrist or psychologist. It is important to see your doctors regularly. Equally important, you should tell them about all the symptoms you have. Additionally, your doctor can complete a residual functional capacity form.
Getting help with your disability claim for anxiety
It can be difficult to win disability benefits for anxiety disorders. However, an experienced disability advocate can help guide you through the process. An experienced advocate can also help gather your records to help support your case. Additionally, they can provide you with forms for your doctors and answer all your questions.
Be sure you start your claim the right way and apply for all the benefits you deserve. If you have already applied for SSI or SSDI, contact our team immediately to make sure your case is still pending and was filed correctly. You may be entitled to significant compensation. Call us today at (800) 800-3332 or contact us here for your free consultation.
SSDI, or Social Security disability insurance, provides income for U.S. workers who have become disabled and are no longer able to engage in substantial gainful activity. SSDI is different from private disability insurance because it is available to anyone who has sufficient work history and is otherwise eligible. And, it’s different from many other types of public benefits because it is not need-based. While too much income from work can disqualify you from receiving SSDI, other types of income are not considered. For instance, you can be the beneficiary of a trust or receive investment income or have significant assets and still be eligible.
There is a five-month waiting period after you become disabled. For most applicants, that period has expired by the time benefits are approved, so monthly payments start soon after approval. You may even receive a lump sum payment for back benefits or retroactive benefits.
Eligibility for Social Security Disability Benefits
To qualify for SSDI, you must have sufficient work credits. The general requirement is 40 work credits–the same number required for Social Security retirement benefits. You can only earn up to four work credits per year, so reaching this threshold requires that you’ve worked in at least 10 different years. However, younger workers won’t need as many work credits.
If you qualify based on work credits, you must also show that you:
Can’t engage in substantial gainful activity (SGA) because of your medical condition, and
Your condition has lasted or is expected to last for at least 1 year or to result in death
In determining whether you are able to engage in substantial gainful activity, the Social Security Administration (SSA) will consider both your ability to do the work you did previously and your ability to adapt to another type of work.
Additional Benefits Associated with SSDI
Once you’ve been receiving Social Security disability benefits for two years, you will be eligible for Medicare, regardless of your age. This can be a significant benefit for someone who has ongoing medical needs and no longer has employer-sponsored insurance.
Depending on your circumstances, other members of your family may also qualify for benefits. Spousal benefits are limited to spouses (and some divorced spouses) who are at least 62 years old and don’t have access to a larger amount of benefits based on their own record. But, your minor children may qualify for additional benefits when you receive SSDI.
Get Help with Your SSDI Claim
To secure Social Security disability benefits, you will have to provide substantial proof of your medical condition and the associated limitations. Most initial SSDI applications are denied, and the appeals process can be long and complex. The earlier in the process, you get help from a knowledgeable disability benefits advocate, the better.
To learn more about how Disability Help Group can assist you in putting together the strongest application or appeal possible, call 800-800-3332 or contact us here.
What Does SSDI Consider Substantial Gainful Activity?
If you’re applying for Social Security disability (SSDI), “substantial gainful activity” (SGA) is a very important concept. Part of the standard for being eligible for SSDI is that you are unable to engage in substantial gainful activity. Here’s how the Social Security Administration (SSA) defines substantial gainful activity:
Work activity is “substantial” if it involves significant mental or physical activities (or a combination of the two)
Activity is “gainful” if it:
Is performed for pay or profit,
Is of a type typically performed for pay or profit, or
Is intended for profit, whether or not a profit is actually realized
The clearest and simplest test for SGA is to look at the applicant’s earnings. Someone who is earning more than the SGA cut-off is not eligible for SSDI benefits. That number changes from year to year. In 2025, the cut-off is $1,620/month, or $2,700/month if the applicant is blind.
However, it’s important to note that while having earnings above the threshold is sufficient to disqualify an applicant, having earnings below the threshold doesn’t always mean the applicant is unable to engage in substantial gainful activity. For example:
The SSA may conclude that although the applicant is not currently earning above the threshold, they are capable of doing more work than they currently engage in
The SSA may conclude that the applicant is engaged in SSA if they are working a significant number of hours, even if they are not earning above the threshold
Working While on Social Security Disability
The discussion above is focused on an applicant for SSDI. But, what happens when someone who is already receiving disability benefits engages in work? An SSDI recipient can earn some money from work without jeopardizing benefits. However, the ceiling is lower than it is in the SGA assessment.
In 2025, earnings of $1,160/month will trigger a trial work period. The recipient can continue on SSDI and receive all regular benefits until they have nine successful trial months in a 5-year period. Then, they’ll enter a transitional period intended to phase the recipient off of SSDI benefits and back into the workforce. The trial work period system provides a safety net for recipients who want to test out returning to work without jeopardizing benefits. But, it can have unintended consequences for someone who is very occasionally able to engage in work. So, it’s important for anyone receiving benefits to understand their reporting requirements and how trial work periods work.
Talk to An Experienced Disability Benefits Advocate
If your SSDI application has been denied because the SSA says you are able to engage in substantial gainful activity, that isn’t necessarily the end of the road. Call Disability Help Group at (800) 800-3332 or contact us here today to learn more about your rights and options.
