Skip to main content

5 HARD FACTS ABOUT SSDI

Social Security Disability (SSDI) is a tough nut to crack.  Here are 5 things that you must know before you decide to file a disability claim:

1)  There is no disability benefit if you are working and earning at least $1,170 per month in 2017.  This is the amount they call "substantial gainful activity" or SGA.  Earning this much from a job or self-employment will get you a technical denial at Step 1. (This refers to earned wages or earnings, not non-earned income such as pensions, disability benefits, rental income or child support).

2)  Social Security or SSDI will not pay for the first 5 full calendar months of disability.  If you are found disabled on June 15, you can't be paid until December.  This is a best case scenario. A very small percentage of SSDI claims these days are approved in less than 18 months.  Some are but many are not.

3)  Being unable to perform your past job may not be enough to get SSDI benefits. Depending on your age, you may have to prove that you cannot perform ANY other work that exists in the national economy--and this includes sedentary, simple and unskilled work.  It may include minimum wage jobs and types of work that you have never considered doing.

4)  It is not enough to prove that you have certain medical conditions.  You will have to prove that these conditions are severe and cause you significant difficulty in functioning, so that you cannot work.  You must (repeat "must") have medical evidence to support these claims. They won't take your word.

5)  If you haven't worked in the last 5 years or so, you may not have enough work credits to be covered by Social Security disability.  Before you decide to file a claim, call your local Social Security office and see if you are still insured for SSDI benefits (called "Title II benefits").  Ask what is your "Date Last Insured" or DLI?  This is the date on which your insured status for SSDI will expire (or has already expired, perhaps).

Nobody can guarantee the outcome of a claim.  There is always a chance that you will never be approved for benefits because Social Security's burden of proof is so high.  If continuing to work a few more years is an option, you should not consider disability benefits.  However, if you are at the end of your ability to work and have no other alternative, file a claim now.  Waiting can be costly.

TELL US ABOUT YOUR DISABILITY - FREE CONSULT 

Comments

Post a Comment

Popular posts from this blog

COMPLETING THE FUNCTION REPORT FOR SOCIAL SECURITY

Social Security analyzes a new claimant's ability to perform certain activities.  This helps them to decide whether the claimant is disabled according to their rules.  They use a form called "Function Report - Form SSA-3373-BK" or one very much like it.  Be careful how you answer the questions on this form.  Strive to be accurate but also descriptive.  Try to give a real picture of how your pain or other symptoms limit your daily activities--such as shopping, driving, doing housework, socializing, etc. Here are just a few of the questions on the Function Report, as samples of the type of information being collected from each applicant who files a new claim for benefits: Do you take care of anyone else such as a wife/husband, children, parents, friend, other?  ( If you do, and do not show that you have significant problems in doing so, Social Security may judge that you are quite able to perform other activity, like working). How often do you prepare f...
5 comments
Read more

JUDGE JUDY TIRADES ABOUT SOCIAL SECURITY

Judge Judy Sheindlin has added her two cents worth to the controversy about Social Security.  Judge Judy appeared on a Fox News program hosted by Megan Kelly and said she was tired of people getting Social Security disability because they were "alcoholics and drug addicts," adding to the popular myth that SSDI is "going broke" because of dead beat drug users who refuse to work.  Fox News did nothing to set the record straight. The truth is that by law individuals cannot qualify for SSI or SSDI benefits based on either alcohol or drug addiction/abuse. In 1996, Congress passed Public Law ( P.L. ) 104-121—which terminated benefits for Supplemental Security Income ( SSI ) and Disability Insurance ( DI ) beneficiaries whose primary impairment was drug addiction, alcoholism, or both. As a result of the 1996 legislation, those individuals became ineligible for benefits, effective January 1, 1997. Social Security will currently not award benefits to persons becau...
Post a Comment
Read more

TAKE A HARD LOOK AT SOCIAL SECURITY BEFORE YOU FILE!

Considering a Social Security disability claim?  Take a hard look at it before deciding. If you have a choice, you probably don't need to apply. Some things to consider: 1.  It will probably not be an easy or short process.  It will take about 4 months to get your initial decision and 70% of those are denials.  If you must appeal, expect a wait time of an additional 18 months after you file the appeal.  So, you may be looking at 2 years or more in many cases. 2.  You will need good medical evidence.  If you have little or no evidence from a doctor, it isn't likely you will ever be approved. 3.  You cannot apply for SSDI while you are working and earning at least $1,170 a month.  This work will disqualify you.  Many people don't realize they will have to stop working to apply for SSDI.  That's why we say, "If you have a choice, you probably don't need to apply."  If working is an option, it's the best option. 4.  Th...
4 comments
Read more