Can a Veteran Receive both VA and SSDI?

Can a Veteran Receive both VA and SSDI?

Disabled veterans can receive both VA and SSDI benefits.  In fact, it is common for veterans to apply for both SSDI and VA disability benefits.  However, some veterans receive VA disability benefits before applying for SSDI.  

What is SSDI?

Social Security disability insurance benefits or SSDI require that you have worked and earned enough 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.  Additionally, you must meet a recent work test.  Like other insurance programs, SSDI coverage ends after a certain amount of time from when you stop working.  SSDI also requires that your medical conditions keep you from working for at least 12 months. Call us now if you are a Veteran and Want to Receive both VA and SSDI.

What is the difference between VA and SSDI?

Social Security doesn’t offer partial disability benefits.  Your medical conditions must prevent you from working on a full-time basis.  Unlike SSDI, VA disability benefits don’t require total disability.  Veterans receive compensation rates based on the degree of your disability.  The compensation rates range from 10-100%, in 10% increments.  Call us now if you are a Veteran and Want to Receive both VA and SSDI.

SSDI expedited processing for veterans to receive both VA and SSDI.

Veterans may qualify for expedited processing for Social Security disability claims.  You may receive expedited processing under:

  • 100% Permanent and Total Veterans Initiative – you should identify yourself as a “Veteran rated 100% P&T” when filing your SSDI or SSI application.  You also should provide the VA rating notification letter to Social Security
  • Wounded Warriors – if you received disabling mental or physical health injuries while on active duty on or after October 1, 2001, you are eligible for SSDI or SSI expedited application processing.  You don’t need to have been injured during combat operations.  You should tell Social Security that your injury occurred while on active duty.  

What are the medical requirements for SSDI?

First, 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 you don’t meet the listings, Social Security considers your residual functional capacity or RFC.  An RFC includes both physical and mental limitations.  Social Security looks at your medical evidence to determine your RFC.  They can also consider the opinions of your doctors.  Call us now if you are a Veteran and Want to Receive both VA and SSDI.

What medical evidence do veterans need for SSDI?

Your medical evidence should include records only for the period of time that you became disabled and unable to work.  Your treatment should also be continuous and ongoing.  The VA and Department of Defense (DOD) share medical records electronically with Social Security.  Social Security also considers any treatment veterans receive from civilian doctors.  Medical evidence can include:

  • Treatment notes and physical examinations
  • Imaging such as MRIs, x-rays, CT scans or nerve testing
  • Blood work or biopsy results
  • Pulmonary tests
  • Mental health records

SSDI “Grid Rules” 

Social Security has special disability rules the older you are.  They look at a chart known as the Medical-Vocational guidelines to evaluate your claim called the “grid rules.”  The grid rules make it easier for older people to win their case.  Social Security considers your age, education and work background.  The older you are, the easier it can be to win your case.  Call us now if you are a Veteran and Want to Receive both VA and SSDI.

Example 1:  applying the grid rules for veterans over age 50

For example, John, a 53 year old veteran, applied for disability due to arthritis in his knees.  John underwent a total knee replacement but continued to have pain and swelling in both knees.  He previously worked in a factory.  John received most of his treatment at the VA hospital.  His medical records included MRIs and x-rays of his knees.  His doctors also documented that he required the use of a cane due to his symptoms.  Social Security found that he could not return to work in the factory.  Since he is over the age of 50, the grid rules allow Social Security to approve his claim.

Example 2:  applying the grid rules for veterans over age 55

As another example, Chris, a 58 year old veteran, applied for disability due to a right shoulder impairment and degenerative disc disease in his spine.  Chris previously worked as a truck driver.  However, he was unable to load and unload the trucks due to his pain symptoms.  Chris received treatment from both the VA hospital and civilian doctors.  His medical records documented his pain symptoms and limited motion in his shoulder and back.  Social Security found that he could not return to work as a truck driver.  Since Chris is over the age of 55 and he could not return to his past work, Social Security approved his claim.  

Working disabled veterans can receive both VA and SSDI.

If you are currently working, you may not qualify for SSDI.  Social Security considers work earnings over a certain amount “substantial gainful activity” or SGA.  If you earn over the SGA limit, you will not qualify for SSDI.  In 2020, earnings S1, 260 per month or (before taxes) are considered SGA. Although, if you are working part-time and earning less than SGA, you may still qualify for SSDI.  However, any work may make it harder for Social Security to approve your claim.  Call us now if you are a Veteran and Want to Receive both VA and SSDI

Does active duty affect eligibility for SSDI?

Active duty status or receipt of military pay doesn’t necessarily keep you from receiving SSDI.  Social Security evaluates your work activity to figure out your eligibility.  You can apply while in a rehabilitation program or attending outpatient programs.  It doesn’t matter whether your treatment is in a VA hospital or civilian facility.   If you are on limited duty or working in a designated therapy program, you should definitely apply for SSDI.  

Does getting approved for Veterans VA benefits help receive SSDI?

Unfortunately, the answer is no.  The VA and Social Security have completely separate processes and requirements for approving claims.   However, Social Security will consider any evidence the VA used when looking at your claim.  Similarly, the VA is required to consider Social Security records.  Call us now if you are a Veteran and Want to Receive both VA and SSDI

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What is the Difference Between SSDI and VA Disability?

What is the Difference Between SSDI and VA Disability?

What is the Difference between SSDI and VA Disability? SSDI and VA disability benefits are both government programs that help disabled individuals receive benefits. Both programs have separate application processes.  They also have different requirements for determining disability.

SSDI vs. VA Disability:  general requirements

VA disability benefits provide payments only to US veterans.  The VA does not require any financial contributions.  Additionally, the VA doesn’t require you to have worked within the last 5 or 10 years.  Unlike VA disability, you don’t need to be a veteran to apply for SSDI.  SSDI does require that you meet certain medical and non-medical requirements. 

SSDI does require that you worked and earned enough work credits.  Generally, you need a total of 20 work credits to qualify for SSDI.  Typically, you need to have worked 5 out of the last 10 years.  However, if you are younger, you may qualify for SSDI with fewer credits.  

SSDI disability defined

SSDI requires that you have a medical condition that prevents you from working.  Your condition must keep you from working for at least 12 months.  Unlike VA disability benefits, SSDI does not need your disability to be connected to military service.  They also don’t consider your discharge status. 

VA disability defined

VA disability benefits, also known as service-connected disability, have specific requirements.  You must show that your disabling condition was “incurred or aggravated by your military service.”  You must not have a dishonorable discharge.  You must also submit a formal claim by completing an “Application for Disability Compensation and Related Compensation Benefits” or VA Form 21-526EZ.  Starting to understand the difference between SSDI and VA disability?

SSDI vs. VA Disability:  percentage of disability

SSDI doesn’t distinguish between partial or total disability.  Therefore, you must show that your medical conditions keep you from working in any job.  Social Security figures out your monthly payment based on what you paid into Social Security.  Even so, VA disability benefits don’t require total disability.  The VA awards benefits based in proportion to their percentage of disability.  Compensation rates range from 10%-100%, in 10% increments.  Therefore, SSDI does not have percentages and VA disability does.

SSDI application process

Firstly, Social Security considers whether your medical conditions fall under their listing of impairments, known as the Blue Book.  Secondly, the Blue Book requires that your medical conditions meet very specific requirements.  Thirdly, if you don’t meet the listings, Social Security considers your residual functional capacity or RFC.  An RFC includes both physical and mental limitations. 

Social Security looks at your medical evidence to determine your RFC.  They can also consider the opinions of your doctors.  Social Security may also ask you to attend an appointment with one of their doctors.  Social Security will schedule an exam when they need more information about your conditions.  

VA disability application process

Veterans go through a VA-directed medical review.  The VA uses military doctors and other health personnel to evaluate veterans for their disability.   Similar to SSDI, the VA may ask you to attend a VA claim exam, known as a C&P exam.  The exam will help the VA rate your disability.  The VA assigns a disable rating to each of your conditions.  This determines your Total Combined VA Disability Rating.  The Total Combined VA Disability Rating determines the amount of your benefits.  

SSDI:  your age matters 

Social Security has special disability rules the older you are.  They look at a chart known as the Medical-Vocational guidelines to evaluate your claim called the “grid rules.”  The grid rules make it easier for older people to win their case.  Social Security considers your age, education and work background.  The older you are, the easier it can be to win your case.  While SSDI considers your age, VA disability does not consider your age.  

Example 1: applying the grid rules for SSDI

For example, James, a 56 year old veteran, applied for disability due to knee, shoulder and neck pain.  He previously worked as truck driver, receives disability compensation related to a knee injury.  He has trouble standing and walking, needs a cane.  His medical records include MRIs and x-rays of his knees, shoulder and neck documenting his impairments.  His doctors have also documented that he has pain and limited motion of his knees and shoulder.  Social Security found that he could not return to work as a truck driver.  Since he is over the age of 55, the grid rules allow Social Security to approve his claim.  

SSDI and VA disability application wait time

Unfortunately, both VA disability and SSDI can take time to process before issuing a decision.  VA disability applications can take anywhere from a few months to 2-3 years for a decision.  SSDI has several levels of the claims process.  Firstly, it may take 4-6 months to receive an initial decision.  Secondly, if Social Security denies your claim, you file an appeal for reconsideration, Reconsideration can take 3-5 months.  Thirdly, you can file a request for hearing, where it can take several months for your case to be scheduled.  Social Security also has additional appeals if your case is denied at hearing.   

SSDI expedited processing for Veterans 

Veterans may qualify for faster processing for SSDI claims.  You may receive expedited processing if you have a 100% Permanent and Total disability rating.  Additionally, Social Security fast-tracks claims for Wounded Warriors.  It include veterans who received disabling mental or physical health injuries while on active duty after October 1, 2001.  

SSDI vs. VA disability:  medical insurance

SSDI recipients receive Medicare.  Medicare benefits start two years after Social Security finds you disabled.  Medicare covers a variety of medical costs, usually regardless of condition. Though, it does not always cover all primary medical care.  You may need an additional policy to supplement your benefits.

Veterans receiving VA disability are automatically covered by TRICARE benefits.  TRICARE covers health costs deemed “medically necessary” for your condition.  If you receive both SSDI and VA disability, Medicare becomes your primary insurance and TRICARE becomes your secondary insurance.  

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Can a Disabled Veteran Receive SSDI?

Can a Disabled Veteran Receive SSDI?

Can a Disabled Veteran Receive SSDI? Disabled veterans can receive SSDI benefits. An award of VA disability benefits won’t prevent you from also receiving SSDI benefits. However, there are differences between qualifying for these types of benefits.

Disabled Veterans:  SSDI vs. VA disability benefits

SSDI requires that your medical conditions prevent you from working for at least 12 months.  SSDI doesn’t distinguish between partial or total disability.  Unlike SSDI, VA disability benefits don’t require total disability.  In fact, most veterans who receive VA compensation do not receive a total disability rating. 

How do disabled veterans qualify for SSDI? 

To qualify for SSDI, you must have worked a certain number of years and earned enough work credits.  You receive work credits each year that you work and pay taxes.  At most, you can earn four work credits per year.  Generally, you need a total of 20 work credits to qualify for SSDI.  However, there are some age exceptions.  If you are younger, you may qualify for SSDI with fewer credits. 

SSDI financial requirements for disabled veterans

As mentioned, SSDI requires that you earn a certain amount of work credits to qualify.  Therefore, there are no limits to the amount of assets, cash or other resources you own.  For example, VA disability benefits will not keep you from receiving SSDI benefits.  Additionally, they will not reduce your SSDI benefits. 

Working disabled veterans

Since Social Security defines disability as the inability to work, if you are working, you may not qualify for SSDI.  Social Security considers work earnings over a certain amount “substantial gainful activity” or SGA.  If you earn over the SGA limit, you will not qualify for SSDI.  In 2020, earnings S1, 260 per month or (before taxes) are considered SGA.  If you are working part-time and earning less than SGA, you may still qualify for SSDI.  However, any work may make it harder for Social Security to approve your claim. 

Medical requirements for disabled veterans

First, 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 you don’t meet the listings, Social Security considers your residual functional capacity or RFC.  An RFC includes both physical and mental limitations.  Social Security looks at your medical evidence to determine your RFC.  They can also consider the opinions of your doctors. 

Medical evidence for disabled veterans

Your medical evidence should include records only for the period of time that you became disabled and unable to work.  Your treatment should also be continuous and ongoing.  The VA and Department of Defense (DOD) share medical records electronically with Social Security.  Medical evidence can include:

  • Treatment notes and physical examinations
  • Imaging such as MRIs, x-rays, CT scans or nerve testing
  • Blood work or biopsy results
  • Pulmonary tests
  • Mental health records

Disabled veterans and your age

Social Security has special disability rules the older you are.  They look at a chart known as the Medical-Vocational guidelines to evaluate your claim called the “grid rules.”  The grid rules make it easier for older people to win their case.  Social Security considers your age, education and work background.  The older you are, the easier it can be to win your case. 

Example 1: applying the grid rules for disabled veterans

For example, Michael, a 57 year veteran, applied for disability due to back pain.  He previously worked as janitor, receives disability compensation related to a back injury.  He has trouble standing and walking, needs a cane.  His medical records include MRIs and x-rays of his back documenting his impairment.  His doctors have also documented that he has pain and limited motion of his back.  Social Security found that he could not return to work as a janitor.  Since he is over the age of 55, the grid rules allow Social Security to approve his claim. 

Does my VA approval help improve my chances receiving SSDI?

Generally, your VA approval will not help you get SSDI.  Social Security will consider any evidence that the VA used when making their decision.  Social Security may also use VA or DOD evidence to expedite SSDI claims for Wounded Warriors or veterans with a 100% disability compensation rating.  Similarly, the VA may not give Social Security’s decision much weight.  Usually, Social Security’s decision can be unclear whether the disability is based on service-connected or non-service disability.  However, the VA is required to consider your Social Security records. 

Does active duty affect eligibility for SSDI?

Active duty status or receipt of military pay doesn’t necessarily prevent you from receiving SSDI.  Since you can’t receive SSDI if you are engaging in SGA, Social Security evaluates your work activity to figure out your eligibility.  You can apply while in a rehabilitation program or attending outpatient programs regardless of whether your treatment is in a VA hospital or civilian facility.   If you are on limited duty or working in a designated therapy program, you should definitely apply for SSDI. 

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How Do I Appeal my Social Security Denial?

How Do I Appeal my Social Security Denial?

How Do I Appeal my Social Security Denial? Social Security may deny your Social Security disability claim for several reasons.  Social Security could deny your claim for non-medical reasons.  They could also deny your claim for medical reasons.  However, you can only appeal a denial for medical reasons.

Non-medical denials

Social Security offers two types of disability benefits.  First, Social Security offers disability insurance benefits (SSDI).  To qualify for SSDI, you must have worked and earned enough work credits.  You cannot appeal a denial based on not having enough work credits.  Second, Social Security offers Supplemental Security Income (SSI) benefits.  To qualify for SSI, you must meet certain financial requirements.  You cannot appeal a denial for SSI based on exceeding the financial requirements. 

How can I appeal a medical 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. 

When should I appeal my Social Security denial?

You have 60 days to appeal a Social Security denial from the date on the denial letter.  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 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 for missing my appeal deadline?

Good cause can include several reasons.  Social Security considers:

  • What circumstances kept you from making the request on time;
  • Whether Social Security’s action misled you or 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

Why was my Social Security 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:

  • Firstly, You are working
  • Secondly, Lack of medical evidence
  • Thirdly, Not following your doctor’s orders
  • Finally, Ignoring requests

Appealing a denial for working

Social Security considers disability as the inability to work for at least 12 months.   Not all work activity prevents you from filing for disability.  Social Security considers earnings over a certain amount “substantial gainful activity” or “SGA.”  If you earn over the SGA amount, you won’t qualify for Social Security disability benefits.  For 2021, Social Security considers $1310 SGA for non-blind individuals.  Additionally, you must be out of work for at least 12 months to qualify for Social Security benefits. 

Appealing a denial 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.  Important medical records might be missing from your claim.  On appeal, you need to tell Social Security about all the doctors you’ve seen since becoming unable to work.   You should see your doctors regularly so that you have documentation of your conditions and limitations.  Additionally, you should see specialists for your conditions.  Often, specialists keep better records about your symptoms and problems better than a general doctor.

Appealing a denial for not following your doctor’s orders

When you don’t follow your doctor’s recommendations, Social Security can decide that your limitations would be less serious than if you followed their orders.  This includes refusing or declining certain treatment.  For example, your doctor recommended physical therapy but you didn’t go.  Additionally, it includes taking your medications as prescribed.  It can also include certain lifestyle changes such as diet or exercise.  You should speak with your doctors directly about any difficulty you have following their recommendations.

Appealing a denial for ignoring Social Security’s requests

Social Security often asks for additional information when processing your claim.  Generally, this includes additional forms about your daily activities and work history.  However, it also includes medical examinations with a Social Security doctor.  Social Security may not be able to make a decision without this information.  Social Security denies your claim when you don’t respond to their requests. 

Why should I appeal my Social Security denial?

Appealing a denial improves your chances for approval.  In fact, most cases have the best chance for approval at the hearing level.  Re-filing a new application won’t increase your chances for getting approved.  Actually, it only delays the appeals process. 

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What Evidence Do I Need for SSDI?

What Evidence Do I Need for SSDI?

What Evidence Do I Need for SSDI? Social Security pays SSDI benefits when you have a medical condition or combination of conditions that prevent you from working.  Your medical impairments must keep you from working for at least 12 months.  Additionally, you must have worked for a certain number of years.  Generally, you need to have worked for at least 5 out of the last 10 years.  Social Security requires certain evidence to support your SSDI claim.

Non-medical evidence for SSDI:  Disability Report

Naturally, SSDI applications require a lot of information.  Part of the application process includes providing a form called the Disability Report.  This form includes information about your doctors, hospital visits and medications.  You should only include treatment information for the time that you have been unable to work.  Social Security contacts the doctors and hospitals you provide in the Disability Report.  If you don’t provide complete information, Social Security may not get important medical records.  This could end up resulting in Social Security denying your claim. 

Non-medical evidence for SSDI:  Work History Report

Social Security requires information about your work history going back 15 years.  You should provide a clear description of each of your past jobs.  Social Security could deny your case if they don’t categorize your past work accurately.  Social Security can deny you for not returning the work history report forms. 

Non-medical evidence for SSDI:  Function Reports

Social Security needs to understand how your conditions impact your daily functioning.  Therefore, they send you a Function Report to complete.  This form asks you to describe how you perform normal daily activities.  It is important to describe any problems you have or any assistance you need for your daily activities. 

Medical Evidence for SSDI

Your medical evidence should include records only for the period of time that you became disabled and unable to work.  Your treatment should also be continuous and ongoing.  Medical evidence can include:

  • Firstly, Treatment notes and physical examinations
  • Secondly, Imaging such as MRIs, x-rays, CT scans or nerve testing
  • Thirdly, Blood work or biopsy results
  • Fourthly, Pulmonary tests
  • Lastly, Mental health records

Example 1: medical evidence for SSDI

For example, Kelly injured her neck in a car accident.  She required a cervical spinal fusion surgery.  Despite surgery, she continued to have severe pain and difficulty moving her neck.  She also still had problems using her hands due to numbness and tingling.  Kelly sees her doctors regularly for her symptoms.  Her records include x-rays, MRIs and nerve testing documenting her neck impairments.  Her doctors also continue to note limited range of motion and decreased sensation and strength in her arms and hands in their office notes.  Kelly provided proof through her medical records that her conditions caused a serious problem using her arms and hands.  As a result, Social Security approved Kelly’s claim. 

Medical evidence for SSDI from specialists

The type of treatment you receive can also impact your disability claim.  Often, records kept by specialists record your symptoms and problems better than a primary doctor.  They focus on specific information that Social Security needs to approve your disability benefits.  This can include special tests or examinations.  This can especially be true for any mental health impairments.  Generally, receiving medication from your primary doctor will not be enough to document your mental health conditions.  

Example 2:  medical evidence from specialists 

As an example, Julie suffers from anxiety and panic attacks.  Her panic attacks happen unexpectedly.  She receives medication from her psychiatrist.  She also sees a therapist regularly.  However, she still suffers from panic attacks many times during the day.  She has even had to go 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 Julie would miss work a lot due to her panic attacks.  Therefore, Julie qualifies for disability benefits. 

Medical evidence for SSDI and RFC forms

Residual functional capacity (RFC) forms can help support your disability claim.  RFC forms explain how your symptoms impact your ability to work.  An RFC form can include both mental and physical limitations. 

Physical RFC forms

A physical RFC form includes questions about your ability to do things like:

  • How long  you can sit, stand or walk at one time or in an 8 hour work day
  • How much weight you can lift or carry
  • If you need an assistive device such as a cane, walker, wheelchair or crutches
  • Using your arms and hands for activities such as reaching, pushing, pulling, gripping or grasping objects
  • If pain, fatigue, other symptoms or side effects from medications cause limitations with concentration, persistence or pace

Mental RFC forms

A mental RFC form includes questions about your ability to do things like:

  • Your ability to understand, remember or carry out instructions, interact with others such as supervisors, co-workers or the general public
  • Your ability to maintain attention and concentration
  • If your symptoms interfere with your ability to show up to work, arrive on time or have to leave early

Example 3:  medical evidence and RFC forms

For example, say you are under the age of 50 and worked before as a waitress.  You have a back injury that interferes with your ability to do this type of work.  You also have side effects from your medications that make you drowsy.  In an RFC form, your doctor states that you cannot sit for more than 3hours or stand or walk for more than 2 hours in a work day.  Your doctor also states that you have problems with attention and focus due to your medications.  These limitations help support your disability claim because it shows that you could not work a full 8 hour day. 

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What Are the Legal and Financial Requirements of SSDI?

What Are the Legal and Financial Requirements of SSDI?

What Are the Legal and Financial Requirements of SSDI? You can file for Social Security disability benefits (SSDI) if you are unable to work.  However, there are certain requirements that you must meet.  First, you must meet the non-medical requirements for SSDI.  Second, you must meet the medical requirements. 

To qualify for SSDI, you must have worked a certain number of years.  You must be between the ages of 18-65 years old.  You do not need to be a US citizen.  Any worker with a valid Social Security number who paid into Social Security may file for benefits.  Your medical conditions must keep you from being able to work for at least 12 months. 

Each year that you work and pay into Social Security, you earn work credits.  Generally need to earn 20 work credits to meet the requirements for SSDI.  However, if you are younger, you may meet the requirements for SSDI with fewer credits.  Additionally, you must have worked recently for SSDI.

Your date last insured (DLI) is the last date you can qualify for SSDI benefits.  Your coverage for SSDI ends after a certain amount of time from when you stopped working.  Generally, your DLI expires five years after you stop working.  However, your DLI may be within less than five years if your earnings were low or inconsistent.  You can still meet the requirements for SSDI if your DLI has expired.  You would need to prove that you meet the medical requirements for SSDI before your DLI. 

For example, say you stopped working in 2014.  As a result, your DLI would expire in 2019.  Therefore, you would need to show that your medical conditions kept you from working before 2019. 

Financial requirements for SSDI

As mentioned, SSDI requires that you earn a certain amount of work credits to qualify.  Therefore, there are no limits the amount of assets, cash or other resources you own.  Additionally, there aren’t any limits to the amount of unearned income you make.  There aren’t any limits to the amount of income your spouse makes either. 

Financial requirements for SSDI and unearned income

Social Security considers any money you receive outside of a job as unearned income.  Under SSDI, you can receive income from other sources and still qualify to receive benefits.  Examples of unearned income include:

  • Income from retirement accounts, dividends or stocks
  • Unemployment benefits
  • Rental income
  • Alimony or child support

Financial requirements for SSDI: substantial gainful activity

Since Social Security defines disability as the inability to work, if you are working, you may not qualify for SSDI.  Social Security considers work earnings over a certain amount “substantial gainful activity” or SGA.  If you earn over the SGA limit, you will not qualify for SSDI.  In 2020, earnings S1, 260 per month or (before taxes) are considered SGA.  If you are working part-time and earning less than SGA, you may still qualify for SSDI.  However, any work may make it harder for Social Security to approve your claim. 

Social Security disability requires that your medical conditions keep you from working at least 12 months.  Unlike workers’ compensation or veterans’ disability benefits, Social Security doesn’t offer partial disability.  You can qualify for SSDI:

  • If You meet strict requirements of a Social Security impairment listing
  • You fall under a medical-vocational allowance
  • Your medical conditions prevent you from working in any job at all

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.  SSA reviews clinical findings and laboratory tests to determine if your disability meets the listing.  If you have not had the clinical or laboratory tests required in the listing, you should ask your doctor to perform them. 

Social Security uses a chart called the Medical-Vocational guidelines to evaluate your disability claim.  These guidelines are known as the “grid rules”.  The grid rules make it easier for people 50 or older to win their case.  Social Security understands that it may be harder for older people to do new or different work.  However, you must first show that you can’t do any past work.  Even if Social Security thinks you can do something else, you may still qualify for SSDI.  The rules are even more favorable if you are over 55. 

Applying the grid rules

The grid rules consider different factors.  These include your age, education, work background, work skills and your residual functional capacity (RFC.)  Your RFC is what you can do despite your medical conditions.  Once Social Security determines your RFC and work background, they will look to the grid rules.  There are separate charts for sedentary, light and medium physical categories.  For people over age 50, he more physically limited you are, the more likely the grids will show you should be found disabled. 

Example 2:  applying the grid rules over 55

For example, Andy, a 56 year old man previously worked as a janitor.  He could no longer work because he has severe arthritis in his shoulder.  He could no longer lift or carry up to 50 pounds.  Since Social Security found Andy could no longer do his past work, the grid rules allowed them to approve his disability case. 

Example 3:  applying the grid rules over 50

As another example, Barbara, a 53 year old cashier stopped working because she had severe arthritis in her knees.  She could no longer stand or walk for long periods.  Social Security found that she could not perform her past work as a cashier.  The grid rules allowed Social Security to approve her case, even though she could have done other types of work requiring less standing and walking. 

If your conditions don’t meet the listings and you don’t fall under the grid rules, you can still qualify for SSDI.  Social Security evaluates your medical records to determine your RFC.  You want to provide as much documentation and records as possible related to your medical conditions.  You should see your doctor consistently.  Your doctor can also provide an opinion to explain how your conditions impact your functioning.  If Social Security determines that your conditions keep you from working in any job, you would qualify for SSDI. 

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