How To Apply For Social Security Disability Insurance
There are three ways to apply for SSDI:
Canada Pension Plan Disability Benefits
The Canada Pension Plan provides monthly payments to people who contribute to the plan during their working years.
You may be eligible for CPP disability benefits if:
- you contributed to the CPP for a certain number of years
- you’re under 65 years old
- you have a severe and prolonged mental or physical disability
- your disability prevents you from working on a regular basis
The benefits include payments to children of a person with a disability.
Apply as early as possible if you think you’re eligible for CPP disability benefits. Quebec residents may be eligible for a similar program called the Quebec Pension Plan . It may take several months to process your application.
If you applied for CPP or QPP disability benefits and were told that you’re not eligible, you can ask to have your application reviewed or considered again.
Once you reach age 65, your CPP disability benefit will automatically change to regular CPP payments. Your regular CPP payments may be less than the CPP disability payments you got before.
If so, consider:
Comprehensive Transition And Post
The Comprehensive Transition and Postsecondary program is any college program offered by a US Department of Education approved school that is designed to help students with intellectual disabilities. CTP is for those students who want to gain skills for independent living and work. At least half of the curriculum requires the student with intellectual disabilities to interact with nondisabled students.
Basically, the CTP program works by providing opportunities within specific college programs, where students with intellectual disabilities can obtain academic, social, work and practical skills enrichment by interacting with other students, both disabled and nondisabled.
Schools that have CTP programs include:
University of California, Los Angeles
New York Institute of Technology
Ohio State University
Virginia Commonwealth University
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If You Disagree With The Decision
If you disagree with the decision, you may ask to have the decision reviewed. You must request this review in writing within 90 days of receiving your decision letter.
Your application will be reviewed by Service Canada staff who were not involved in making the original decision on your application.
Appealing Denied Social Security Disability Application
Its common for applicants to be denied. In fact, only about 1 in 3 applicants are initially approved for SSDI benefits. The two main reasons for denial are usually a lack of work credits, or that applicants do not meet the criteria for disability.
If you have been turned down, you do have the right to go through a Social Security Disability appeal process. Either you or your designated representative can file a Request for Reconsideration. Your initial appeal will then be turned over to Disability Determination Services, who will thoroughly review your file.
If you are denied again, you can proceed to the next level of appeal which is to appear in front of an Administrative Law Judge. An Administrative Law Judge will conduct a hearing in which all of your medical records and testimony will be heard before the judge renders a decision in the form of a written notice.
If you are still denied benefits, then you have a final appeal step you can take: filing a lawsuit in U.S. district court. You will need an attorney for this step if you havent already retained one. This can be an expensive and time consuming option, and as a result, less than 1% of disability claimants take their cases to this level.
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You Can Work As Long As Your Countable Income Doesn’t Go Above The Ssi Income Limit
By Melissa Linebaugh, Contributing Author
One of the basic requirements for getting approved for disability benefits is that your medical condition is so severe it prevents you from performing a substantial amount of work. The Social Security Administration defines a substantial amount of work, which it calls substantial gainful activity , as earning $1,310 a month from working . Therefore, if you are earning this much from work when you apply for benefits, you will be denied.
However, once you get approved for SSI, the SSA no longer determines whether you are making over the SGA amount. But the SSA will reduce your SSI benefits if you are working by subtracting part of your income from your payment. If you go over the SSI income limit, the SSA will terminate your benefits. In general, though, the SSA encourages SSI recipients to try to go back to work and has created a number of work incentives that let a person work without losing their eligibility for benefits.
Expedited Ssdi Application Process
To expedite new disability claims, the following initiatives have been created:
Social Security makes allowances for people to receive benefits quickly if they suffer from medical conditions that are so obvious that they easily meet disability standards.
Compassionate Allowances quickly identify diseases and medical conditions that fall under the Blue Book of Impairments with minimal medical information. This allows Social Security to speed up the process of helping people obtain benefits in the shortest amount of time possible.
The list of Compassionate Allowances has been developed based on public hearing held by Social Security, along with input from medical and scientific experts and the National Institutes of Health.; Currently allowances include disabilities such as Alzheimers disease, cardiovascular disease, organ transplants, schizophrenia, and others.
A full list of Compassionate Allowances can be found here.
Quick Disability Determinations:;
Sophisticated computer screening is used here to identify cases that have a high probability of allowance.
Contact A Social Security Disability Attorney At 512
With independent counsel you will be able to select an attorney that acts solely in your best interest instead of one who has a financial relationship with the LTD carrier.
As the attorney will be receiving a full contingency fee, he or she will work diligently on your behalf. As indicated above, wining your SSDI claim is good evidence of the legitimacy of your LTD claim. If the LTD carrier is in the process of denying your claim a favorable SSDI claim may not be in the LTD carriers best interest. In addition, you may have an option to keep your SS insurance back benefits and force the LTD carrier to get paid its offset out of future benefits. This is particularly helpful to avoid the unconscionable, but common practice where LTD carriers convince you to pay the LTD carrier all of your SSD back benefits and then within a month or two of receiving your back benefits sending you a letter denying your future LTD benefits on the grounds that you are no longer disabled.
What If You Want To Go Back To School
Generally, you can attend college or university and still receive your disability benefits.
However, it is important to keep in mind that everyone who receives disability benefits is reviewed every few years to ensure their condition is still severely disabling. If you decide to attend school while receiving benefits, it may appear as though you are no longer disabled when your case is reviewed. Of course, you can still attend school and receive your payments, but it is important to provide your SSD caseworker and your school with certain information proving that you are still disabled.
If you have been denied benefits because you have tried to return to work, the attorneys at Bemis, Roach and Reed may be able to help.Contact us today for a free consultation.Call 512-454-4000 and get help NOW.
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Ssi Student Earned Income Exclusion
SSI law includes several work incentives and earned income exclusions that are available to all disabled people getting SSI.;An SSI recipient under age twenty-two who is working and is regularly attending school qualifies for another incentive, the Student Earned Income Exclusion . The SEIE is in addition to other earned income exclusions. In 2020, the maximum amount of earned income not counted under the SEIE is $7,670.00 a year with a maximum of $1,900 in any single month.
Considerations On Where To Go
On top of all of the usual college considerations, there are a couple of things that people without disabilities just dont need to think about: consistent access to medical care and the schools ability to make accommodations. ;
On the medical care front, this may be a consideration that leaves you primarily considering places close to home.
If your condition requires regular medical care and frequent visits to specialists, you likely have had to spend a lot of effort creating your medical care network, and that isnt something you need to go through again while attending;school. ;
For this reason, you will want to think carefully about a significant move for your education, and may want to either focus on opportunities that are closer to home or if you may want to move to a college or university at or near a hospital that has a very good reputation for managing your condition.
The access to consistent and good medical care for your condition may not be on the standard list of college considerations, but as you already know you are living with a condition severe enough to affect your ability to work and study, you do need to make sure that you have a good plan for continuity of care.
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Does Disability Count As Income For Unemployment
SSI is different than Social Security in several ways, but unemployment income also counts as unearned income for SSI. This means that SSI benefits may be offset by the amount of the unemployment benefits . This is particularly likely because of the increased PUC benefits authorized by the CARES Act.
If You Have Been Denied Disability You May Still Qualify For Benefits Contact An Experienced Social Security Disability Attorney At 512
If you do become disabled and need your LTD benefits, your insurer will usually ask you to apply for Social Security Disability Insurance benefits as well.
LTD insurers can financially benefit from your Social Security disability claim. This is because most LTD policies contain language giving the LTD carrier the right to reduce monthly LTD insurance benefits by the amount you receive in Social Security disability payments. This is called an offset. Not only will the LTD carrier seek to reduce/offset their future monthly payments by the amount of the Social Security disability benefit, the LTD carrier will claim they are entitled to any back benefits paid by Social Security for any prior period of time you were being paid LTD insurance benefits.
A common practice of LTD carriers is to convince you to pay the LTD carrier all of your SS disability back benefits and then within a month or two of receiving your back benefits sending you a letter denying your future LTD benefits on the grounds that you are no longer disabled. Dont be denied, get help. Call social security disability lawyer Lloyd Bemis at 512-454-4000
For example, lets assume that you have an LTD insurance policy that pays you 60% of your annual earnings of $40,000 per year.
This raises the obvious question as to why should you even bother to seek Social Security disability benefits.
There are several compelling reasons why you should seek SS disability benefits in this scenario:
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How To Protect Or Enforce Your Rights: Appeals
SSA denies many applications for disability benefits. Denials often occur because there was not enough medical evidence to prove a disabling problem. More than 50% of appeals are successful. If SSA denies your claim, strongly consider filing an appeal. Many people give up, wait a period of time, and reapply. In most cases, it is a better decision to file an appeal rather than to wait and to reapply. You should also consider appeals in other cases. You can appeal if you believe that SSA wrongly reduced or terminated your benefits. Also, if SSA takes wrongful actions, such as finding an overpayment or requiring a representative payee. Suppose you are already receiving benefits, and SSA sends you a notice to reduce or terminate. In that case, you may be able to keep your benefits while you appeal. You will need to act quickly to appeal, usually within ten days of receipt of the notice. Indicate on the appeal form that you wish to continue to receive your benefits during the appeal. For example, if SSA decides you are no longer disabled and sends you a notice, you may choose to keep your benefits until a judge issues a decision.; There levels of the Appeal Process are as follows:
Requests for reconsideration
Request for an ALJ hearing
Request for review by the appeals council
- The ALJ made an error of law,
- His decision was not supported by substantial evidence, or
- There was an abuse of discretion.
Lawsuits in U.S. District Court
The judge can:
How to file an appeal with SSA
How Works Affects Your Ssi Payment
It’s important to understand how SSI benefit amounts are calculated before you can figure out how working will affect your payments.
For the year 2021, the SSA will pay up to $794 in SSI benefits . This amount is called the federal benefit rate . Your monthly benefit amount is the difference between the FBR and your countable income. Your countable income is made up of the following:
- wages you are paid from your job
- the value of free food and shelter provided for you
- support money from family or friends , and
- payments from other sources, like veterans benefits or unemployment.
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What Can Cause Benefits To Stop
Two things can cause us to decide that you are no longer disabled and to stop your benefits:
if you work at a level we consider “substantial.”
In 2021, average earnings of $1,310 or more per month are usually considered substantial. The amount of earnings that we consider substantial changes each year.
- if we decide that your medical condition has improved to the point that you are no longer disabled.
Remember, you are responsible for promptly reporting any improvement in your condition, or if you return to work. The booklet we send you when your application is approved explains what you need to report to us. For more information on what else may cause your benefits to stop, refer to How We Decide if You Still Have a Qualifying Disability.
Your Ssdi Benefits While In Jail
Its important that you understand what will happen to your SSDI benefits while in jail. You may lose them depending on the length of your incarceration. But, it shouldnt affect your family. Especially, if they depend on your benefits to live. Additionally, if you do lose your SSDI benefits because of criminal charges, know this can change.
Following your release, The SSA may reinstate your benefits without you having to reapply. Simply put its not worth attempting to trick the Social Security Administration by not notifying them youre in jail.
This is attorney advertising. SSDA, LLC is a group of attorneys that pursues claims for Social Security Disability benefits on behalf of its clients against the Social Security Administration. SSDA, LLC is in no way a part of the Social Security Administration. Further, the information on this blog is for general information purposes only. Nothing herein should be taken as legal advice. This information is not intended to create, and receipt or viewing does not constitute, a representative-client relationship.
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What Is The Difference Between Ssi And Ssdi
SSI eligibility is determined based on age, disability and available resources, while SSDI is based on a persons disability and work credits.
For most people, medical requirements that will allow you to receive disability payments are the same for both, and disability is determined using the same process. Both SSI and SSDI are managed by the Social Security Administration as well.
Location and monthly income
Record of earnings
The most notable difference between SSI and SSDI is that SSDI is only available to people who have accumulated enough work credits, while SSI is available to low-income individuals who have not accumulated enough work credits or who have never worked. In addition, SSDI is based on your work history, but SSI is strictly based on a financial situation of considerable need.
Additionally, SSI benefits begin on the first of the month that a social security disability application is submitted and approved, but for SSDI there is a five-month waiting period. People who qualify for SSI can also receive Medicaid benefits.; After receiving SSDI benefits for two years, a disabled person will be eligible for Medicare benefits. The amount of SSI benefits depend on where a person lives and what their monthly income is, while SSDI benefit amounts are dependent on a persons earnings record.
How The Ticket To Work Program Can Help You Maintain Your Benefits
Participating in the SSAs Ticket to Work Program could be the best way to secure your benefits. You may join the SSA Ticket to Work Program if you are already receiving SSDI benefits and feel you may be able to work despite your disability.
If you are an adult between the ages of 18 and 64 who receives disability benefits, you may be eligible for the Ticket to Work Program. This program will help you get the resources and support you need to get back to work. The goal is to assist you in earning enough money to become financially self-sufficient. You can get help finding a job or other vocational training assistance if you participate in the program. These services are provided by employment networks and state vocational rehabilitation agencies.;
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