Social Security Disability, or SSDI, is a government-funded disability benefit program. To be eligible, an individual generally must work 5 out of the last 10 years in order to earn quarters of coverage.
Eligibility: SSDI pays individuals who are unable to work for 12 months or more due to illness or disability if they meet certain requirements. You must show that you cannot work in your own occupation or any other occupation based on factors including age, education, and work experience.
Waiting Period: five months.
Benefit Amount: also known as the Primary Insurance Amount (PIA). Calculated based on Social Security taxes paid to the IRS. Benefits may be payable to dependents up to a family maximum.
Medicare: entitlement to SSDI comes with entitlement to Medicare 24 months after eligibility for SSDI benefits.
Filing a Claim: online or by calling the Social Security administration.
LTD:
Long-term disability (LTD) refers to a private-sector insurance that provides income replacement benefits to individuals who cannot work for an extended period due to disability or illness. LTD plans are either purchased by individuals or provided by employers as part of an employee benefit package. Group plans are covered under ERISA, a federal law. Policies vary greatly in terms of coverage, benefit amounts, waiting periods, and the definition of disability.
Eligibility: some policies cover individuals who are no longer able to perform their own occupation. Other policies follow the stricter Social Security standard of disability and only provide benefits if you are unable to perform any occupation. Many policies will cover an individual up to two years if they cannot perform their own occupation but then follow the stricter any-occupation definition of disability.
Waiting Period: also called elimination period. Common waiting periods range from 30 to 90 days but can be longer or shorter depending on the policy.
Benefit Amount: generally a percentage of the pre-disability income that varies between 50% to 70% of the individual salary. No payment to dependents.
Premiums: individuals who purchase long-term disability insurance must pay regular premiums to maintain coverage. Premiums vary based on factors such as age, health, occupation, and the level of coverage chosen.
Rehabilitation Benefits: many policies offer benefits such as vocational training, education or other services to help individuals return to work.
No Medicare benefit.
Filing a Claim: file with the insurance company or plan administrator.
There are many similarities but some key differences. Important in long-term disability claims is reviewing the policy to determine how it defines disability. Important in both types of cases is having good medical records with adequate documentation of your disability.]]>On Behalf of Leland Lawhttps://www.disabilitylawfirm.com/?p=491482023-05-26T11:40:54Z2023-04-05T17:19:29ZAmerican Psychiatric Association considers depression a psychiatric disability and you could qualify for SSD if your depression prevents you from working.
A formal diagnosis
Because there are sometimes no physical symptoms or outward signs of depression, knowing if your depression is enough to qualify you for SSD can be difficult.
Having a diagnosis of clinical depression from your doctor can help. Clinical depression is typically defined as having various symptoms such as persistent sadness, anxiety, hopelessness or sleeping problems on most days for at least two weeks.
Resistance to treatment
Your depression is also more likely to be considered a disability if you are resistant to treatment.
Applying for SSD benefits with a diagnosis of depression, but no evidence that you have tried to treat it could result in a denial of benefits.
The Social Security Administration (SSA) is probably going to want to see that you have tried to get help for your depression and have been unsuccessful.
Proving your case
The key thing to remember is that your depression must completely prevent you from working. Perhaps medication could hep and allow you to work, but you won’t know that until you try.
Alternatively, if you have tried medication or other types of treatments, such as counseling or therapy, and none of the treatments have worked, this strengthens your argument that your depression prevents you from working.
When you apply for SSD for your depression, be prepared to provide evidence of your doctor’s clinical depression diagnosis, as well as documentation showing why treatments will not work.
Seek advice before you apply
Giving full and accurate information about your diagnosis can increase your chance of receiving SSD benefits for your depression.
You can always appeal a denial of benefits if you believe an error was made, but that can take time. It is best to talk with an attorney experienced with SSD before you apply.]]>On Behalf of Leland Lawhttps://www.disabilitylawfirm.com/?p=491372023-03-21T11:49:06Z2023-03-22T11:47:58ZThe cost of living adjustment
Each year, the Social Security Administration (SSA) calculates how much the cost of living for an average person has increased. The SSA then uses this calculation to make a Cost of Living Adjustment by increasing benefit payments to account for the increased cost of living.
The high level of inflation over the past year provides an excellent example of how a COLA works.
Government statistics indicate that the average cost of many goods, such as groceries and gasoline, increased by anywhere from 6 to 11% in the past year. As a result, an SSDI recipient would be unable to purchase the same quantity of goods unless benefits payments increased.
To account for this, the SSA automatically increased benefit payments by 8.7% for 2023. This way, those who have applied for and received SSDI are able to keep up with the increased cost of living that results from inflation.
Calculating the COLA
The SSA bases the COLA on the Consumer Price Index, which factors in the cost of items purchased by ordinary households each month. For example, the Consumer Price Index considers the cost of groceries, utilities, transportation, health care, entertainment and housing.
SSDI benefits
If you are facing disability and need to apply for SSDI benefit, you should consult with an experienced attorney for assistance in applying for these critical benefits.]]>On Behalf of Leland Lawhttps://www.disabilitylawfirm.com/?p=491362023-03-09T16:06:41Z2023-03-08T16:05:21ZListing of Impairments
The SSA’s Blue Book contains Part A, which covers adult disabilities, and Part B, which covers childhood disabilities. Each part is divided into sections, with each section covering a different body system. Here are a few of the major adult body systems covered under Part A of the Blue Book:
Cardiovascular system
Digestive system
Mental disorders
Respiratory system
Skin disorders
If your condition is listed in the Blue Book, you will need to determine if you meet all of the criteria listed under your condition. It is generally assumed that if you meet the criteria, your illness or injury prevents you from working for at least a year or will eventually result in your death. Therefore, you will qualify for benefits automatically.
What if my condition is not listed?
If your condition is not listed in the Blue Book, you may still be entitled to Social Security Disability (SSD) benefits. You will need to show that your condition is equal to one that is listed in the Book. You may also have several conditions, that when added together may reach the same level of severity as a condition listed in the Book.
Whether your condition is listed in the Blue Book or not, you may need an attorney’s assistance when going through the application process. Your attorney can make sure that your application includes the information and evidence needed to give you the best chance to qualify for SSD benefits.]]>On Behalf of Leland Lawhttps://www.disabilitylawfirm.com/?p=491352023-05-25T13:17:40Z2023-02-20T21:26:45Zknow what does count as income and assets, to determine if you are eligible for SSI.
Income
Income for purposes of SSI benefits is more than just wages you receive from a job. Therefore, you can be unemployed and still be ineligible for SSI benefits because you are over the income threshold.
This is because in addition to wages, income includes any pension, unemployment or workers’ compensation benefits you are receiving.
Many people without income from a job or other benefits get by through receiving money from family or friends. You must report this as income when you apply for SSI benefits, as well as any free food or shelter you receive.
For example, if you live with a family member and pay no rent, or you live in public housing with fully subsidized rent, the value of this free shelter could be counted as income.
Assets
When it comes to assets, although your home does not count, there are many things that do. Money in bank accounts, cash, stocks, bonds or other investments are all counted as assets.
As you can see, calculating your income and assets to see if you qualify for SSI can be more complex that it initially looks. Attorneys who focus their practice on helping people with Social Security issues can examine your situation and provide you with advice on your best options.]]>On Behalf of Leland Lawhttps://www.disabilitylawfirm.com/?p=491342023-05-25T13:17:55Z2023-02-08T16:59:09ZBut, many are wondering when they can expect their new North Hollywood, California, boosted checks.
Check timeline
You should have received your Ontario, California, check at the beginning of this month (February), and the last one on at the end of December. Checks are normally sent at the beginning of the month, except for holidays and weekends when you may get them at the end of the month.
Specifically, your next Orange, California, check will come at the beginning and end of March, and then the beginning of May. Then, the beginning and end of June, followed by the beginning of August. Finally, you will receive your boosted checks at the beginning and end of September, followed by checks at the beginning of November and December.
For SSI recipients, the boosted benefits will help 7 million people. For Social Security recipients, the boosted benefits will help 65 million United States citizens. If you have not received your Whittier, California, check, be sure to contact the Social Security Administration immediately, and if needed, you can always reach out to a Social Security attorney to fight for your benefits.]]>On Behalf of Leland Lawhttps://www.disabilitylawfirm.com/?p=491322023-01-12T14:53:21Z2023-01-11T14:51:13Zresidents receiving SSDI.
Are you ready to work?
If the answer is yes or maybe, it may be time to begin your journey back into the workforce. Returning to the workforce can provide you with greater financial independence and empower your own independence. However, chances are, you do not know where to start, which is why the Social Security Administration created the Ticket to Work Program.
Ticket to Work Program
The SSA’s Ticket to Work Program is a voluntary program for those receiving benefits between the ages of 18 and 64. While in this program, if you are progressing toward your employment goal, the SSA will not review your disability. This means that you can continue to get your benefits, including cash and health care benefits. And, if you end up not being able to return to the workforce, there is a path back as well.
Trial period
The Ticket to Work Program has a 9-month Trial Work Period where you continue to receive your benefits. If you earn enough that your payments stop after that 9-month period, you will have access to your Medicare benefits for at least 93 months. However, the exact requirements vary based on your state.
Medical reviews
As long as you maintain program requirements, you will not be subject to an Ontario, California, medical review. Participating in the Ticket to Work Program does not mean you will automatically receive a medical review. However, if you already have a scheduled review, the Ticket to Work Program will not stop that Continuing Disability Review.
Help
While the program may sound straightforward, in practice, it can be complicated. This is why many work with their Orange, California, SSDI attorneys before using any SSA program.]]>On Behalf of Leland Lawhttps://www.disabilitylawfirm.com/?p=491282022-12-02T21:46:29Z2022-12-30T21:45:46Zpeople who receive SSDI also have families they need to provide for.The amount they receive for their individual disability may not be enough to pay for the expenses of their children. This can create a difficult situation for them as they try to make ends meet.
Children of parents receiving SSDI may be able to receive their own benefits based on the disability of their parent. The amount each child receives depends on the number of children and the parents’ monthly SSDI benefit.
Typically, children can receive up to 50% of the parents’ monthly benefit, but the total family benefit generally does not exceed 150% - 180% of the parent’s monthly benefit.
Qualification requirements for children to receive benefits
In order to receive the benefits, children need to qualify for them. To be eligible, the applicant must be a biological child, an adopted child, stepchild or a dependent grandchild.
The children must be unmarried and under 18 or up to 19 years old if they are still in high school. Children who are disabled may also be able to receive benefits past their 18th birthday if the disability occurred prior to the children’s 22nd birthday.
For children who qualify in California, these benefits can be lifesavers.
Filling out the applications properly is important to ensure that the children will receive the benefits they are entitled to. Experienced attorneys understand the qualification requirements and may be able help guide one through the application process.]]>On Behalf of Leland Lawhttps://www.disabilitylawfirm.com/?p=491312023-01-05T14:14:16Z2022-12-28T14:12:14Zapplication for SSD benefits approved. Still, this does not mean you will immediately be paid what you are owed.
The waiting period and onset date
Your SSDI payments will start following a five-month waiting period. This means your first check will be issued for the full sixth month following the five-month waiting period.
The waiting period starts on the date the Social Security Administration deems you became disabled. This is known as your onset date.
Your onset date is not always the same date your application for SSD benefits was approved or the date you first applied for SSD benefits.
Your onset date is the date you were rendered unable to work because of your disability. This could be a date prior to the date you applied for SSD benefits.
Do not be discouraged
The five-month waiting period may seem discouraging at first but keep this in mind. Most people wait months or even years before their application for SSD benefits is approved. So, it is possible that if your onset date was the date that you applied for benefits or even earlier, the five-month waiting period will have already passed by the time your application is approved.
So, it is possible that you could receive benefits the month after your application is approved. And even if you must wait out some or all of the five-month waiting period, rest in the knowledge that the application process is over, you were approved and you will eventually be paid what you are owed.]]>On Behalf of Leland Lawhttps://www.disabilitylawfirm.com/?p=491302022-12-19T22:20:24Z2022-12-14T22:09:35ZSocial Security Disability and how to apply for these benefits.
Do you qualify?
SSD claims can be filed for a wide range of disabilities. The Social Security Administration has a long list known as the Blue Book that catalogs health conditions that may make a person eligible for SSD benefits.
Some common conditions include arthritis and osteoarthritis, joint dysfunction, knee and hip replacements, shoulder injuries, neck injuries, repetitive stress injuries, carpal tunnel syndrome, back and disc injuries, spinal disorder disabilities and chronic impairments, including cancer, heart problems, diabetes, multiple sclerosis and Parkinson’s disease.
Work credits
However, simply having a qualifying condition doesn’t necessarily mean you will be able to receive the benefits. You must also have sufficient work credits to be eligible.
Your work credits are based on your work history.
Generally, you must have at least 40 work credits to be eligible for the SSD program. You can earn four work credits a year, so this means that generally, you must have been working for 10 years in order to meet the work history requirements.
There are some special considerations for younger workers who have not had the opportunity to gain sufficient work credits before the onset of their disabilities.
Learn more
Whether you are making an initial claim for SSD benefits or are filing an appeal after a denial of benefits, it is important to fully understand your situation and rights. Timing is often critical when it comes to these claims, making it imperative that you are aware of your rights and options.]]>