1)
At what age may I apply for Social Security disability (SSDI)?
Answer: Adults may apply any time before your full retirement age. (If
you were born in 1948, for example, your full retirement age is 66).
Children may apply any time prior to age 18. There are special rules for adults who became disabled prior to age 22.
2) What monthly benefit may I expect from SSDI? Answer: The benefit amount will vary based on your average wages and work history. The maximum monthly benefit in 2016 is $2,639. The average monthly benefit is $1,166.
3) Can my spouse or dependent children also receive benefits? Answer: Yes, dependents may qualify for benefits based on the wage earner's disability. Dependent grandchildren may also be eligible. A spouse who is caring for a disabled wage earner's dependent children under age 16 may also qualify.
4) Will I get Medicare insurance with my disability benefits? Answer: Yes but there is a waiting period. Medicare starts 29 months after the official onset date of disability for SSDI claims. Note that this is 29 months from the disability onset, not from the date of your decision. SSI beneficiaries get Medicaid and there is no waiting period for Medicaid.
5) If my doctor tells me I am disabled and cannot continue working, are disability benefits automatic? Answer: No. You must still apply and prove to Social Security that you are disabled according to their rules. Many times, such individuals are denied and must appeal in order to get benefits. Appeals must be filed within 60 days of denial.
6) I saw my doctor today and he does not think I will be able to continue working much longer. May I apply for Social Security disability now and keep working until I am approved? I want to have my claim approved before I stop working. Answer: No, the system does not permit this. You must not be working at substantial gainful activity when you apply for disability benefits. If you are, you will be denied at Step 1, regardless of the medical evidence.
7) I am 64 years old and retired. I worked for more than 40 years. I've been receiving Social Security early retirement benefits for about 2 years. I've been healthy until now. Recently, however, I was diagnosed with a severe illness for which there is no cure. Since I am already receiving Social Security retirement, may I file a disability claim?
Answer: Yes, you may. You are under full retirement age and it appears you have adequate work credits to support a claim. Also, I assume your recent impairment will last for 12 months or more (the duration requriement), so you may file a disability claim and try to prove disability. As long as you are not working, your present income does not matter for a Title 2 (SSDI) claim. If your claim is successful, your monthly benefit will be increased to the amount you would have received at full retirement age (payable from the onset date of your disability). Also, you may qualify for earlier Medicare coverage, in the event you are not yet 65 when your case is decided. You may continue to receive your retirement benefits while your disability claim is being decided. Even if you eventually do not get a favorable decision on the disability claim, it will have no impact on your retirement benefits, which you will continue to receive. So, you risk nothing by filing for disability. A final thought: At age 62, it may be easier to win a disability claim, compared to a younger individual, thanks to the medical-vocational guidelines.
________
If you have a Social Security disability question that was not answered here,please call the Forsythe Firm in Huntsville, AL at (256) 799-0297.
There is no charge or obligation for a consultation.
____________
Presented for informational purposes only and designed for a general audience. Not intended to give advice on a particular case or situation. Do not rely on anything in this post. Speak to an attorney or Social Security professional about your individual situation.
2) What monthly benefit may I expect from SSDI? Answer: The benefit amount will vary based on your average wages and work history. The maximum monthly benefit in 2016 is $2,639. The average monthly benefit is $1,166.
3) Can my spouse or dependent children also receive benefits? Answer: Yes, dependents may qualify for benefits based on the wage earner's disability. Dependent grandchildren may also be eligible. A spouse who is caring for a disabled wage earner's dependent children under age 16 may also qualify.
4) Will I get Medicare insurance with my disability benefits? Answer: Yes but there is a waiting period. Medicare starts 29 months after the official onset date of disability for SSDI claims. Note that this is 29 months from the disability onset, not from the date of your decision. SSI beneficiaries get Medicaid and there is no waiting period for Medicaid.
5) If my doctor tells me I am disabled and cannot continue working, are disability benefits automatic? Answer: No. You must still apply and prove to Social Security that you are disabled according to their rules. Many times, such individuals are denied and must appeal in order to get benefits. Appeals must be filed within 60 days of denial.
6) I saw my doctor today and he does not think I will be able to continue working much longer. May I apply for Social Security disability now and keep working until I am approved? I want to have my claim approved before I stop working. Answer: No, the system does not permit this. You must not be working at substantial gainful activity when you apply for disability benefits. If you are, you will be denied at Step 1, regardless of the medical evidence.
7) I am 64 years old and retired. I worked for more than 40 years. I've been receiving Social Security early retirement benefits for about 2 years. I've been healthy until now. Recently, however, I was diagnosed with a severe illness for which there is no cure. Since I am already receiving Social Security retirement, may I file a disability claim?
Answer: Yes, you may. You are under full retirement age and it appears you have adequate work credits to support a claim. Also, I assume your recent impairment will last for 12 months or more (the duration requriement), so you may file a disability claim and try to prove disability. As long as you are not working, your present income does not matter for a Title 2 (SSDI) claim. If your claim is successful, your monthly benefit will be increased to the amount you would have received at full retirement age (payable from the onset date of your disability). Also, you may qualify for earlier Medicare coverage, in the event you are not yet 65 when your case is decided. You may continue to receive your retirement benefits while your disability claim is being decided. Even if you eventually do not get a favorable decision on the disability claim, it will have no impact on your retirement benefits, which you will continue to receive. So, you risk nothing by filing for disability. A final thought: At age 62, it may be easier to win a disability claim, compared to a younger individual, thanks to the medical-vocational guidelines.
________
If you have a Social Security disability question that was not answered here,please call the Forsythe Firm in Huntsville, AL at (256) 799-0297.
There is no charge or obligation for a consultation.
____________
Presented for informational purposes only and designed for a general audience. Not intended to give advice on a particular case or situation. Do not rely on anything in this post. Speak to an attorney or Social Security professional about your individual situation.
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