Tuesday, May 24, 2022

Can You Get Disability If You Do Not Work

Don't Miss

The End Of Welfare As We Knew It

Can I work part time and get Social Security Disability benefits?

A federal program for disabled people was first proposed in the 1930s. Even then, a Social Security actuary was worried. “You will have workers like those in the Dust Bowl area, people who have migrated to California and elsewhere, who perhaps have not worked in a year or two, who will imagine they are disabled,” the actuary wrote. The cost of the program could be higher than “anything that can be forecast.”

The actuary’s warning gets at a central tension in a much bigger debate: What should we, as a country, do for people who aren’t making it? Americans want to be generous. But Americans don’t want to be chumps.

The first key pieces of the modern safety net were created in the 1930s, under Franklin Roosevelt. The first federal disability program was created in the ’50s. A few years later, Lyndon Johnson pushed to expand the federal safety net further.

In the ’80s, Ronald Reagan argued that a robust economy would do more to eliminate poverty than any federal program. When Reagan used the term “welfare queen,” it was clear where he stood. He didn’t want to be a chump.

But when you include disability in the story of welfare reform, the picture looks more ambiguous.

Part of Clinton’s welfare reform plan pushed states to get people on welfare into jobs, partly by making states pay a much larger share of welfare costs. The incentive seemed to work the welfare rolls shrank. But not everyone who left welfare went to work.

How To File An Appeal When Your Application Gets Rejected

However, the appeals process is quite complex involving different stages. The first step for filing an appeal is a request for reconsideration. In reapplication, your claim is handled by some other evaluator. The evaluator is responsible for reading and making a decision that would be different from the previous one.

While submitting your application again, you must add all the vital information that you did not include in the first application. Claims can be rejected due to insufficient information or failing to meet all the mentioned standards. It is advised that an individual must be intelligent enough to check the application. This is to make sure that minimum mistakes are made while filing.

In case, someones appeal for disability for thyroid disease also gets rejected then the case will be under the administrative law judge. You must have witnesses that work in your favor. The judge must get convinced that an individual is unable to work due to extreme conditions. The rate of approval for disability hearings is 62%.

After this, there is an appeals council or you can also file an appeal in front of the federal court. The approval rate of the appeals council is 13% and that of a federal court is 40%.

Can I Still Receive Disability Benefits If I Haven’t Worked In Years

Many people are under the false assumption that the money they pay in FICA taxes goes into some kind of a savings account to be used later if they should need it for Social Security Disability. Nothing could be further from the truth. The money paid into FICA which is used to fund Social Security Disability Insurance benefits, is actually a form of insurance premium .

On account of this, like any other kind of insurance, you need to continue paying into the system in order to retain coverage. Just as our automobiles would not continue to be insured if we stopped paying premiums, we will eventually cease to be covered if we stop working and dont continue to pay into FICA.

When determining eligibility for Social Security Disability Insurance benefits, the past ten years are considered. In most cases, if you have not worked in the past ten years, you will be ineligible for Social Security Disability Insurance benefits. The actual amount you need to have worked in the past ten years varies depending on your age.

A worker in his early 30s needs to have worked and paid into FICA at least five of the past ten years to be eligible for Social Security Disability Insurance benefits. If you have not done so, you are generally not eligible for Social Security Disability payments.

You May Like: How Much Is California Disability

If You Didnt Contribute For Enough Time

You may be able to get more pension contributions or use a different time period if, for example:

  • You stayed at home to look after your children. See the step called Find out what to do if you stayed at home with your children.
  • You’re separated or divorced, whether you were married or living common-law. See the step called Find out if you can get some of your former partner’s pension contributions.
  • You stopped working a long time ago.
  • You were not able to apply for CPP because you have a physical or mental disability.
  • You lived and worked in another country.

If you stopped working a long time ago

If you’re eligible in every other way except you stopped working too long ago, you may still be eligible for CPP disability benefits

This is called the late applicant provision.

To apply based on this, you must:

  • have had enough years of CPP contributions when your disability started, and
  • have had your disability continuously the whole time. For example, if you were able to work for some time during the period, you can’t use the late applicant provision.

You don’t need to apply separately for the late applicant provision. It will automatically be considered if you apply late for CPP Disability benefits.

For more information, you can talk to a community legal clinic or contact the CPP.

Extended Period Of Eligibility

Fostering disabled children

So how does SGA affect a personâs eligibility to continue receiving his or her SSDI check? After the individual has accumulated 9 months of a TWP, he or she then has a 36- month period referred to as an âextended period of eligibilityâ . During the EPE, Social Security looks at whether earnings in any given month exceed the applicable SGA amount, after taking into account any gross wage reductions for IRWE or work subsidies. If adjusted net earnings exceed the applicable SGA amount, Social Security will make a determination of cessation of disability. The SSDI benefit amount will be terminated after the third month from the cessation of disability month. If wages drop below the SGA amount in any given month during the 36-month EPE, the SSDI benefit amount will be reinstated.

The importance of the EPE is that an individual can again receive the SSDI benefit amount in any month during the 36-month period when countable earnings fall below the SGA amount.

Don’t Miss: How Much Do You Get For Disability In Ca

Applying For Ssdi On A Parents Record

Disabled children can often receive benefits on their parents records, potentially on an ongoing basis. The rules are different for minor children and adult children, but both age groups can often receive ongoing benefits from SSDI on their parents record without needing to apply to need-based SSI programs.

Contact An Experienced North Carolina Ssd Benefits Lawyer

The SSA maintains a list of impairments that are considered so severe that they automatically qualify one for disability benefits as long as all other requirements are met. These conditions are found in the SSAs Blue Book, which describes the medical evidence that is needed to prove the impairment.

You can also be declared disabled if you have a condition that is considered to be equal in severity to a listed impairment.

Even if you dont have a listed impairment or one considered equal in severity to a listed one, you may still be deemed to be disabled if you can show that your medical condition keeps you from working or doing any other type of work.

Allow Hardison & Cochran to put its skill and experience to work for you in seeking disability benefits. In particular, we can help you to gather the medical evidence you need to show you are disabled.

Contact us today and receive a free and immediate review of your case.

For More Information:

Also Check: Disability Qualifications Texas

If Your Disability Started Within Four Weeks Of The Last Day You Worked

Who pays benefits: Your employer’s disability benefits insurance carrier.

How to Apply

  • File the claim with your employer or insurance carrier, using Notice and Proof of Claim for Disability Benefits .
  • Form DB-450 may be obtained using the link above, from your employer, your employers insurance carrier, your health care provider or any Board office.

Is Your Condition Found In The List Of Disabling Conditions

Can I work if I’m getting social security disability benefits?

For each of the major body systems, we maintain a list of medical conditions that we consider severe enough that it prevents a person from doing substantial gainful activity. If your condition is not on the list, we have to decide if it is as severe as a medical condition that is on the list. If it is, we will find that you are disabled. If it is not, we then go to Step 4.

We have two initiatives designed to expedite our processing of new disability claims:

  • Compassionate Allowances: Certain cases that usually qualify for disability can be allowed as soon as the diagnosis is confirmed. Examples include acute leukemia, Lou Gehrigs disease , and pancreatic cancer.
  • Quick Disability Determinations: We use sophisticated computer screening to identify cases with a high probability of allowance.

For more information about our disability claims process, visit our Benefits For People With Disabilities website.

Also Check: Va 90 Disability Benefits

What Is Severe Adhd

A chronic condition that affects millions of children and often continues into adulthood is attentiondeficit/hyperactivity disorder.

Difficulty sustaining attention, impulsivity, and inattention are just a few of the persistent problems that make up attentiondeficit Hyperactivity and impulsivity are two of the persistent problems that make up attentiondeficit Hyperactivity and impulsivity are two of the persistent problems that The symptoms of ADHD can be difficult to diagnose and treat.

The disorder is often misdiagnosed as other conditions, including depression, anxiety, bipolar disorder, or attentiondeficitdisorder. In addition, ADHD often goes undiagnosed for years, even decades, because of the difficulty in diagnosing and treating the disorder in the first place.

Get Advice From An Attorney

If youre disabled and cant work, then receiving disability benefits is one of the best ways to support yourself. To get help with the process of applying and being approved for disability benefits, you need to work with the attorneys at The Law Offices of Dr. Bill LaTour.

Weve been helping disabled individuals in the Greater Los Angeles area, the Inland Empire, and Orange County receive the disability benefits they need for years. Call Dr. Bill LaTour and his team today at or fill out our online form to schedule a free consultation.

Read Also: How To Change Veterans Disability Direct Deposit

What Counts As A Disability

There isnt one standard definition for a disability that applies across the board here.

Its all plan- or policy-specific, says Chicago-based attorney Michael Bartolic, whose firm focuses on employee benefits and deferred compensation. As a general observation, its any sort of injury or illness that renders one unable to do their job.

That could include things like childbirth, a major surgery with a long recovery period, an illness that requires frequent treatment, or an injury sustained in some sort of accident. Bartolic explains that the best thing to do is to check your plan documents, as the definition of disability should be clearly spelled out there.

Whats It Like To Return To Work After Short

Maya Angelou Quote: âNothing will work unless you do.â? (28 ...

As the above answer illustrates, depending on your disability, different logistical elements obviously need to be sorted out upon your return.

But thats not the only factor at play heretheres also an emotional and relational element involved when you return to the office after an extended amount of time off.

Most of it was just emotional and mental fatigue after having spent four months not really on a computer every day or using my brain in that kind of way, says Tiernan.

There was the expectation that I was going to be able to jump back in right away, she adds. Looking back, I appreciate that now because I dont think I wouldve been able to transition as well as I had if it had been slow.

In addition, companies arent stagnant and there are likely some larger changes that will happen while youre out on your leaveincluding employees leaving and new team members being added. There were shifts that occurred during my time gone, so I needed to readjust to the changes that had happened, Tiernan adds.

Also Check: Va Compensation Calculator Bilateral

Employment Rights On Short

Employers have the right to fire a person who is on sick leave. Most employers wont do this, however. There are practical and legal reasons. Firstly, you must get reasonable notice of termination to be fired legally. Otherwise, without notice, they have to pay you severance. This is the same for those on sick leave and those actively working.

As an employee on sick leave, you may be protected by human rights laws. Namely, laws that prevent discrimination for disability. However, protection under these laws isnt guaranteed. Not all sick leaves qualify as a disability especially if youre expected to recover shortly.

Being protected under these laws can mean a few things. Your employment is protected but maybe not your specific role. And, your employer has a duty to accommodate your disability. They might modify your job, allow you to work reduced hours, or move you to a different role.

If youre on sick leave that goes well beyond the short-term disability period, then your employer eventually has the right to stop your employment. Yes even without notice of termination or severance pay.

To learn more, check out our page on employment rights and disability benefits.

How To Get Short Term Disability Insurance

Purchase an individual plan through your employer

If your company doesnt provide STD coverage, you still may be able to buy it as a voluntary benefit :

  • Workplace plans can offer broader coverage, such as coverage for complications of pregnancy and childbirth. Thats important, because around 20% of women are prescribed bed rest when pregnant.3
  • Coverage you get through work will come at a lower group cost, even if you are paying the entire premium.

Purchase an individual plan through an agent or broker

There are a number of drawbacks to purchasing short-term disability insurance on your own:

  • Costs are usually higher compared to an employer plan with group rates.
  • Acceptance is not automatic: Underwriting is more stringent, and they will want to assess your age, health status, and other factors before issuing a policy.
  • Pregnancy, if covered, will be considered a pre-existing condition if you are already pregnant. With a group policy, that may not be an issue.

Alternatives to getting your own short-term disability insurance

Mandated state plans

  • Some states offer state-sponsored disability income protection for their residents. State-mandated and funded through employee payroll deductions, these plans are for non-work-related disabilities, and they provide short-term wage-replacement benefits to eligible workers. To see if your state offers this type of program, contact your states Department of Labor or Employment.

The Family and Medical Leave Act

Don’t Miss: Sdi Payment Calculator

Applying For Ssdi On A Deceased Spouses Record

Many non-working spouses play important roles in their family as caregivers for children or homemakers. If the working spouse has passed away and the non-working spouse becomes disabled, they may be able to get benefits using their deceaseds spouses record instead of their own. This only applies in limited situations, but it can help widows and widowers get the benefits they need, potentially at a higher rate than they would be able to get under SSI.

Unfortunately, these benefits are not available to everyone. You have to be between the ages of 50 and 60, and your condition must have already started before your spouse passed away or within 7 years after their death. This means that disabled spouses who rely on their spouses income can receive benefits if their spouse passes. This is also beneficial for spouses who perhaps receive a disability in the same accident that killed their spouse.

This is unfortunately limited in who it can cover, but it is one way to get disability benefits without work history of your own. If you are younger than 50 and your spouse has passed away, the SSA essentially expects you to return to the workforce on your own or to apply for SSI benefits instead of SSDI.

Understand Your Short Term Disability Coverage

Can You Apply for Social Security Disability Benefits if You are Still Working?

Before you apply for Short Term Disability, its important that you understand your insurance coverage. If you are offered group disability coverage through your employer, contact your Plan The administrator or Human Resource staff to help understand the extent of the coverage, or consult your benefits booklet. In case your employer does provide this coverage, you will be required to make your claim through the group plan.

Although your employer does not offer short term disability coverage as part of their group plan, you may be eligible for Employment Insurance benefits. For more information on whether you qualify for EI, check out the government of Canadas website here.

Other elements of your coverage that are important to understanding are your coverage amounts, which relate to how much benefit you will receive and how often. You will also want to know when you will start receiving the benefit if the benefit is taxable, and if your plan covers the third party claims management service like the Disability Management Institute as do most plans at GroupHEALTH.

Read Also: Can Irs Garnish Social Security Benefits

Interaction With Ei Sickness Benefits

You cant receive EI sickness benefits and short-term disability at the same time. In fact, if you do receive both, you will need to pay some back.

For example, imagine you got EI sickness payments for 2 weeks. Then, you get approved for short-term disability, and they will pay you for those same 2 weeks. This creates an overlap. If theres an overlap, then youll need to pay back the EI program.

After youre approved for short-term disability, youll receive a back payment. Then, you can refund EI using that money.

More articles

Popular Articles