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.

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 Are Non-Medical Requirements for Disability?

What Are Non-Medical Requirements for Disability?

What Are Non-Medical Requirements for Disability? To receive Social Security disability insurance benefits (SSDI) or Supplemental Security Income benefits (SSI) you must meet both medical and non-medical requirements.  Typically, Social Security will make sure you meet the non-medical requirements before looking at the medical requirements. 

General Non-Medical Requirements for Disability

The non-medical requirements for disability include any criteria not related to your medical or mental health conditions.  This includes your proof of age.  Generally, you can use your birth certificate as proof of age.  Social Security will also ask you questions about your marital status and children. 

Non-Medical Requirements for Disability and Work Status

Additionally, Social Security will also need to confirm that you are no longer working.  Social Security defines disability as having medical conditions that keep you from working.  Your conditions must keep you from working for at least 12 months.  Therefore, if you are still working full time or are out of work for less than 12 months, you would not qualify for Social Security disability benefits. 

Non-Medical Requirements for SSDI

In order to qualify for SSDI benefits, you need to have worked a certain number of years. Any worker with a valid Social Security number who paid into Social Security may file for SSDI benefits.  Social Security keeps track of your earnings and work credits.  You receive work credits each year that you work and pay taxes.  Generally, you need at least 20 work credits to qualify for Social Security disability benefits. 

Non-Medical Requirements:  SSDI Work Credits

Social Security disability work credits expire after a certain amount of time after you stop working.  Your date last insured (DLI) is the last date you can qualify for SSDI benefits.   Usually, your DLI covers five years after you stop working.  However, your coverage may end in less than five years if your earnings were low.  Your coverage may also be limited if your work was inconsistent. 

Example :  SSDI work credits

As an example, say you stopped working in June 2019.  You worked consistently for the past 12 years.  Your date last insured would expire around June 2024.  Therefore, you are currently eligible to file for Social Security disability benefits. 

Non-Medical Requirements:  Expired DLI

You can still apply and qualify for SSDI benefits if your DLI has expired.  However, you must prove that you were disabled before your DLI expired.  Sometimes, this can be very difficult.  The longer you wait to file for SSDI after your DLI expired, the harder it can be to prove your case. 

Example:  SSDI expired DLI

For example, Donna stopped working in June 2013 when her fibromyalgia symptoms became worse.  She did not file for Social Security benefits until December 2019.  Her DLI expired in June 2018.  Donna must have medical evidence showing that her condition prevented her from working before June 2018. 

Non-Medical Requirements for SSI

Supplemental Security Income is a financial needs-based program.  To qualify for SSI, Social Security considers your income, assets and resources.  Unlike SSDI, you do not need to have worked or earn any work credits.  Both children and adults can file for SSI.  However, Social Security looks at the income of the parents for children’s SSI eligibility. 

What are the Financial Requirements for SSI?

SSI benefits have a very strict set of financial requirements.  It is considered a “means-tested” benefit.  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)

Can You File for Both SSDI and SSI?

In some cases, you can file for both SSDI and SSI.  You may have earned enough credits for SSDI.  You may also meet the financial requirements for SSI.  Filing for both SSDI and SSI is referred to as filing for “concurrent benefits.”   However, to receive concurrent benefits, you must be approved medically for SSDI but receive low monthly payments. 

Example:  non-medical requirements for SSDI and SSI

For example, you have worked consistently in the past.  Unfortunately, you have had to stop working due to your medical conditions.  Now that you are no longer working, your income is very limited.  You may have to apply for state assistance or file for SSDI/SSI or rely on others for financial help. 

Technical Denials

If you do not meet the non-medical requirements for disability, you will receive a technical denial.  Social Security will send you notice of a technical denial pretty quickly.  You cannot appeal a technical denial. 

Medical Requirements for Disability

If you meet the non-medical requirements for disability, Social Security evaluates the medical requirements.  Your claim will be sent to Disability Determination Services (DDS.)  DDS contacts your doctors for you medical records.  They may schedule examinations with a Social Security consultative examiner.  DDS will determine whether you are medically disabled.  

Getting Help with your Disability Claim

Working with an experience advocate can be beneficial.  It can help improve your chances of winning your case.  Your disability advocate understands both the medical and non-medical requirements for Social Security disability claims.  They can help guide you through the process. 

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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How Do I Check My Social Security Disability Work Credits?

How Do I Check My Social Security Disability Work Credits?

How Do I Check My Social Security Disability Work Credits? The Social Security Administration keeps track of your earnings and work credits.  They do this by using your Social Security number.  Social Security provides this information on your Social Security Earnings Statement.  It is available to everyone age 25 and over.  Social Security mails out your statement periodically.  You can also look at your statement online.  You would need to create an online account with Social Security.  Occasionally checking your estimated Social Security benefits lets you to check for any mistakes on your record.

What are Social Security Disability Work Credits?

Work credits are credits that you earned during your work history.  You receive work credits each year that you work and pay taxes.  Unfortunately, Social Security can’t pay you benefits if you don’t have enough work credits.  These credits are required to receive Social Security disability benefits (SSDI), retirement benefits and Medicare.   However, you do not need work credits to file for Supplemental Security Income (SSI).  To file for SSI, you need to meet certain income requirements. 

How do I earn Social Security disability work credits?

Work credits are based on your total wages and self-employment income for the year.  At most, you can earn four work credits per year.  The amount of earnings it takes to earn a credit can change from year to year.  In 2020, you must earn $5,640 to get four credits for the year.  How Can I Check My Social Security Disability Credits?

How many work credits do I need for Social Security Disability benefits?

Generally, you need to earn a total of 20 work credits to qualify for Social Security disability benefits.  Typically, Social Security will look back ten years from the date you filed your disability application.  You must have worked at least five of those years to qualify.  However, there are some age exceptions.  If you are younger, you may qualify for Social Security disability benefits with fewer credits.  For example:

  • Before age 24 – you need to earn 6 credits or have worked 1.5 years
  • Ages 24-30 – you need to earn 8-18 credits or have worked 2-4.5 years
  • Ages 31 or older – you need at least 20 credits in the 10 year period before you became disabled

Do my Social Security disability work credits expire?

Additionally, in order to be eligible for Social Security disability benefits, you must meet a recent work test.  After you stop working, you do not have an indefinite time to file for disability benefits.  Like other insurance program, your coverage ends after a certain amount of time from when you stop working.  How Can I Check My Social Security Disability Credits?

How Does My Date Last Insured Impact My Disability Work Credits

Your date last insured (DLI) is the last date you can qualify for Social Security disability benefits.  Your DLI depends on when you last worked.  Usually, your DLI lasts five years after you stop working.  However, if your earnings were low or your work was inconsistent, your DLI may be less than five years. 

Example 1: Date last insured

Bob stopped working in December 2014.  He had worked for seven years as an auto mechanic.  While he was out of work, Bob fell and injured his neck and shoulder in February 2019.  He no longer could work.  Bob’s date last insured expires in December 2019.  Since Bob’s DLI expires after he became unable to work, he can still qualify for Social Security disability benefits.  How Can I Check My Social Security Disability Credits?

Example 2:  Date last insured

Gina stopped working in June 2018 after she needed knee surgery.  She had worked for over 10 years as a home health aide.  She was unable to return to work after her surgery.  Gina’s date last insured would not expire until around June 2023.  Therefore, she is currently eligible to file for Social Security disability benefits. 

What if my DLI has expired?

You can still file for Social Security disability benefits if you stopped working more than five years ago.  However, you would need to show that you became disabled before your DLI expired.  You must have medical evidence that shows you couldn’t work before your DLI.  Sometimes, this can be very difficult.  Older medical records might not be available.  You may not remember all of the doctors that treated you.  How Can I Check My Social Security Disability Credits?

Work with an experienced disability advocate to make sure your Social Security disability work credits are correct

An experienced disability advocate can really help in these situations.  Your disability advocate can help you understand these complicated issues.  They can help you gather the medical evidence you need to win your case.  Frequently, if your DLI has expired, you may need to go to a Social Security disability hearing to decide your case.  Your disability advocate gets your ready for your hearing.  They also make sure the judge has everything they need to decide your case.  How Do I Check My Social Security Disability Work Credits?

Disability Help Group:  Winning Case Study

George stopped working in 2013 because he had a car accident.  Unfortunately, he was unable to go back to work.  He suffered from chronic back pain.  George didn’t know he could file for Social Security disability benefits when he stopped working.  He contacted Disability Help Group for assistance in 2019.  At that time, his date last insured had expired in December 2018.  George had to go to a disability hearing.  We were able to help George provide all of his medical records to the judge since his accident.  Therefore, George was able to show that his medical conditions kept him from working before his DLI.  He was approved for benefits.  

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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Can I Check My Disability Status Online?

Can I Check My Disability Status Online?

You can check the status of your Social Security disability claim online.

What your application status shows when you check your status online, you can find:

  • Your re-entry number for your online application or appeal that hasn’t been submitted
  • The date Social Security received your application or appeal
  • Your scheduled hearing date and time
  • The location of your application or appeal including the address of the office processing your application
  • If a decision has been made

How to check your disability application status online

You must sign into your “my Social Security” account.  You can’t check the status of your claim online if you don’t have a “my Social Security” account.  First, scroll down to the “Your Benefit Application” section.  Next, select “View Details” to check your application status. 

How to create a “my Social Security” account

Social Security asks you for specific information to create an online account.  However, you can only create an account for yourself.  You can’t create an account for another person.  You will need the following in order to view your Social Security disability online status:

  • Firstly, A valid email address
  • Secondly, Your social security number
  • Thirdly, A U.S. mailing address
  • You must be at least 18 years old

Other ways to check your application status

If you can’t get online to check the status of your application, you can also:

  • Call your local Social Security office or Social Security’s national telephone number or disability lawyer
  • Call the claims adjudicator assigned to your case

Why should I check my disability status online?

You should check the status so you can:

  • Make sure Social Security has all of the paperwork to process your application or receives your medical records.
  • Avoid missing any deadlines to appeal your claim if you are denied

Filing for Social Security Disability Online Status

There are many steps Social Security takes before making a decision on your claim.  Generally, it takes Social Security time to process your disability application.  There are also different departments that handle your claim.  Additionally, the application process requires a lot of paperwork.  Overall, the disability process can be overwhelming and frustrating when you don’t know how it works. 

  1.  You send your disability application to your local Social Security office. 
  2. The local office processes your application. 
  3. Social Security sends your claim to Disability Determination Services or DDS. Shortly after you have been assigned a claim adjudicator, he or she will contact you and provide paperwork regarding your claim.

Disability Status Online: Reconsideration

If Social Security denies your initial application, you file an appeal for reconsideration.

Disability Status Online: Requesting a Hearing

If Social Security denies your reconsideration appeal, you then request a hearing in front of an administrative law judge.  Social Security sends your case to the hearing office, called the Office of Hearings Operations (OHO).  OHO assigns an administrative law judge (ALJ) to your case.  You will receive a letter telling you of the date, time and location of your hearing.   It may take several months for OHO to schedule your hearing. 

Benefits of Working with a Disability Advocate

Most importantly, an experienced disability advocate knows the process.  They will guide and appeals process and explain the disability rules.  They can help you get the right evidence to support your claim.  Additionally, your disability advocate checks the status of your case regularly.  They will make sure that there isn’t any missing information. 

Example 1:  help with Social Security’s forms

As an example, Social Security sends you several forms to complete.  Specifically, they will send you forms about your daily activities.  They also need more information about the type of work you’ve done in the past.  Unfortunately, Social Security can deny your claim if they don’t get these forms from you.   These forms can seem overwhelming.  However, your disability advocate can help you complete these forms.  They will also make sure that Social Security receives your completed forms. 

Example 2:  following up with Social Security

Many times, Social Security sends you letters that tell you what information is missing from your claim.  These letters will tell you that some of your doctors haven’t sent in records.  Your disability advocate can check on the status of your claim with Social Security.  Often, they will get more accurate information than the letters or an online status check will provide.  Then, your disability advocate works with you to make sure Social Security gets all of your medical records. 

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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What are Social Security Over 55 Grid Rules?

What are Social Security Over 55 Grid Rules?

Social Security over 55 Grid rules are special disability rules that can help you win your case. 

Social Security Over 55 Grid Rules

It is much easier for Social Security to approve your application for disability benefits if you are over age 55.  Typically, for disability benefits, you have to show that you can’t work.  If you under age 50, you have to show that you can’t do any kind of work at all.  As you get older, there are more favorable rules Social Security can use to approve your case.  That’s because Social Security understands that it may be harder for older people to do new types of work.  These rules are the “grid rules.” 

The grid rules consider different factors.  These factors include:

  • Age
  • How far you went in school
  • Work background
  • Residual functional capacity (RFC) – what you can do despite your medical conditions

The Grid Rules and Your Past Work

Social Security will look to the grid rules once they have figured out your residual functional capacity (RFC).  In order to apply the grid rules, Social Security must categorize your past work.  The grid rules will only apply if Social Security finds that you can’t return to your past work.  Social Security only considers past relevant work.  Past relevant work is work done in the past 15 years.  It should also have resulted in significant earnings.  Temporary or part-time jobs might not count as past relevant work. 

Social Security has different physical categories of work.  These include:

  • Sedentary – mostly sitting jobs that don’t require lifting more than 10 pounds
  • Light – usually require more standing and don’t require lifting more than 20 pounds
  • Medium – requires lifting between 25-50 pounds
  • Heavy – requires lifting more than 50 pounds

Over 55 Grid Rule Past Skilled Work

Social Security will also look at the type of skills required to do your past work.  Sometimes, there are skills from your past work that can be used to do different types of jobs.  Social Security calls them transferable skills.  It is harder to apply a favorable grid rule when there are transferable skills.  However, transferable skills won’t apply if you can only do simple, routine tasks.  Generally, Social Security makes this finding when there is treatment for mental health problem. 

Applying Social Security Over 55 Grid Rules

Case study 1:  Over 55 Grid Rules

For example, a 58 year old man applied for disability because he had coronary artery disease, hypertension, diabetes and COPD.  He previously worked as a warehouse worker and line technician for the local cable company.  Social Security categorized his past work as medium and heavy.  They found that he could only do light work.  Additionally, Social Security found that here were no transferable skills. Therefore, the Social Security Over 55 Grid Rules directed a finding that he was disabled. 

Case study 2:  Over 55 Grid Rules

In another example, a 57 year old woman applied for disability benefits due to degenerative joint disease in her right shoulder and right knee.  She also suffered from vertigo and major depressive disorder.  She previously worked as an accounts receivable clerk.  Social Security found that she could do simple, routine and light jobs.  Her past work is a sedentary job.  However, it requires more complex tasks.  Therefore, Social Security found that she could not return to her past job.  As a result, her case was approved under the Social Security Over 55 Grid Rules. 

Case study 3:  Over 55 Grid rules

Lastly, a 59 year old man filed for disability benefits because he had degenerative disc disease in his back, osteoarthritis in his hips and depression.  He needed a cane to stand and walk.  He previously worked as a truck driver and a waiter.  Social Security found that he could do simple, routine sedentary jobs.  Since his past work was categorized as light and medium, the Social Security Over 55 Grid Rules applied.  Social Security was able to approve his claim. 

Working with a SSDI Disability Lawyer

An experienced SSDI disability lawyer will tell if you these grid rules apply in your case.  More importantly, a disability lawyer can help you get the evidence you need to apply the Social Security Over 55 Grid Rules and win your case. 

Disability Help Group:  Winning Social Security Over 55 Grid Rules

For instance, Michael applied for benefits because he had back pain.  He was 59 years old and had worked in as a janitor for many years.  Unfortunately, Michael was denied for benefits.  He had not seen his doctors in a while.  However, his doctors had told him that he could not work as a janitor any more.  Michael then turned to Disability Help Group.  We helped him file an appeal.  Our advocate suggested that he see a specialist for his back.  Michael started seeing an orthopedist and pain management doctor.  We also advised him to have an MRI of his back.  At his hearing, the judge found that he could not do his past job as a janitor.  The judge found that Michael could not lift or carry 50 pounds.  As a result, Michael was limited to light work.  The judge approved his case based on the Social Security Over 55 Grid Rules.  

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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