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
What Direct Express Says
In a tweet on March 16, Direct Express said: While we do not have specific information on timing, most people will receive their stimulus payments within the next few weeks.
The companys latest tweet on Friday provided no further update and only said the IRS is issuing stimulus payments to eligible recipients over the next few weeks.
The tweet directed users to the Get My Payment portal of the IRS websitefor the most current information on individual stimulus payments.
Those who currently dont have a Direct Express card cannot sign up for one now to receive their stimulus payments, Direct Express advised on March 15.
Third stimulus funds sent to Direct Express card accounts that were recently closed will be returned and the IRS will reissue the payment, the company said.
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Special Rules For People Who Are Blind Or Have Low Vision
We consider you to be legally blind under Social Security rules if your vision cannot be corrected to better than 20/200 in your better eye or if your visual field is 20 degrees or less, even with a corrective lens. Many people who meet the legal definition of blindness still have some sight and may be able to read large print and get around without a cane or a guide dog.
If you do not meet the legal definition of blindness, you may still qualify for disability benefits if your vision problems alone or combined with other health problems prevent you from working.
There are a number of special rules for people who are blind that recognize the severe impact of blindness on a person’s ability to work. For example, the monthly earnings limit for people who are blind is generally higher than the limit that applies to non-blind disabled workers.
In 2021, the monthly earnings limit is $2,190.
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How To Get Disability Back Pay
You get disability benefits by winning your claim and your monthly benefit amount is based on your work history. Back pay is just the total of all the months you SHOULD have been paid benefits, but were not because your claim took so long to get approved. Most SSI and SSD applicants receive back pay.
As Inflation Rises Rapidly The Senior Citizens League Is Calling On Congress To Send Those On Social Security A Fourth Stimulus Check Worth $1400
Earlier this fall, the Senior Citizens League , a non-partisan advocacy group, started a pressure campaign to push Congress to send those receiving Social Security additional stimulus money. In a letter to leaders of Congress, TSCL Chairman Rick Delaney called for a one-off $1,400 Social Security stimulus payment for seniors.
Delaney urged members to send a special $1,400 stimulus check to those receiving Social Security benefits. Such a measure could help defray the costs associated for some seniors from the 2022 cost-of-living adjustment, which was the highest in 40 years, pushing them into a higher tax bracket. The letter began by highlighting that the organization has heard from thousands of seniors who have exhausted their retirement savings and started eating just one meal a day or cutting their pills in half because they cant afford their prescription drugs.
NEW: Inflation is being blamed on workers and government spending. The real culprit? Corporate greed.In our new episode of The Class Room we dug into financial reports to investigate the REAL reason prices are going up.Hint: corporate profits have never been higher.
More Perfect Union
Social Security Administration announced a historic COLA increase
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How Should I Claim Missing Stimulus Money For My Dependents
If you used the IRS Non-Filers tool from May 5 to Aug. 15, 2020, the IRS should have automatically issued a catch-up payment for your dependents in October 2020. If you received your original stimulus money by direct deposit, you should have gotten the catch-up payment the same way. Others would have received it in the mail.
If you filed for your missing dependent money by Nov. 21, 2020, the payment should have arrived by the end of 2020 in the same way you received your first payment . If you missed the deadline, your payment should be included on your 2020 tax return in 2021 if you file for a Recovery Rebate Credit.
To see the status of your or your dependents payment for the first or second payments, check your IRS account.
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Lets Break Down The Ssdi Application Process
Before you begin: You might want to make sure you qualify for benefits. To qualify, you must have worked long enough and recently enough in jobs under Social Security, and you must have a disability that meets Social Security disability criteria. You can find out the specifications by visiting SSAs page on these qualifications.
There are also exceptions to these two criteria. For example, a person might qualify if they
- Are blind or have low vision.
- Are the spouse of deceased worker.
- Are a disabled child.
- Qualify for the Wounded Warrior & Veterans programs.
If you believe that you qualify for benefits, you should begin preparing for an application. Waiting too long can disqualify you from benefits. Delaying the application might also be causing you to miss out on the benefits you could be receiving had you applied sooner.
Step 1: Begin with the SSDI application from the Social Security Administration, which you can find here. You can also call SSA at 1-800-772-1213. If you are hearing-impaired, you can call TTY 1-800-325-0778. The third option is to visit your local Social Security office, which you can find here.
Step 2: You will need to provide personal information to SSA, including
SSA might require the originals of documents listed above, though copies certified by the issuing office will also be acceptable.
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If You Live In Quebec
If you live in Quebec, you would not apply for the disability benefit under the Canada Pension Plan. You can apply for the Quebec Pension Plan disability benefit if one of the following applies to you:
- you have worked only in the province of Quebec
- you currently live in Quebec and have worked both in the province of Quebec and in another province or territory
- you have worked in Quebec, currently live outside Canada and your last province of residence was Quebec
If you worked both in and outside Quebec
If you paid into both the Canada Pension Plan and Quebec Pension Plan, you need to apply to the province where you live now.
If you worked outside Canada
If you worked in a country other than Canada, the credits you earned in that country may help you qualify for the disability benefit.
If you worked less to care for young children
If you have periods of zero or low income because you stayed home to raise your children, the child-rearing provision could help you qualify for the disability benefit.
If you are divorced or separated
Any contributions you and your spouse or common-law partner made to the CPP while you lived together may be equally divided after a divorce or a separation. This may help you qualify for the disability benefit. Find out more about .
If you missed applying for disability benefits in the past
If you are applying for the disability benefit, but stopped working a while ago, you may still apply for a benefit now.
You may be able to receive the benefit if:
Ssdi Disability Payment Schedule
If you started receiving SSDI benefits after 1997, the date you receive your payment depends on your birthday.
- If your birthday is on the 1st 10th of a month, your SSDI checks or direct deposit will arrive on the second Wednesday of every month.
- If your birthday is on the 11th 20th of a month, your SSDI checks or direct deposit will arrive on the third Wednesday of every month.
- If your birthday is on the 21st 31st of a month, your SSDI checks or direct deposit will arrive on the fourth Wednesday of every month.
If you started receiving benefits before 1997, you will receive your payments on the third day of the month, no matter when your birthday is. If the third is on a Saturday, Sunday, or legal holiday, your benefits will be paid on the banking day before. In some circumstance, if you are still receiving SSDI benefits on the third of the month, you can change your payment date. However, you cannot choose any day of the month you want for your new payment date. Your birth date will determine what day your benefits will arrive, based on the same list above.
Keep in mind that Social Security now wants all SSDI recipients to sign up to receive their payments through direct deposit, the Direct Express® card program, or through an Electronic Transfer Account.
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How Much Do I Get With Ssi
Supplemental Security Income is not a government-run insurance program like SSDI. Instead, its an assistance program for people with limited income, work history and financial means who experience disabilities.
So the amount you receive under SSI is not tied to a formula based on years of your income.
Its the same, set amount for everyone. But it gradually changes over time.
Here are three recent years of SSI monthly payments:
- 2016
- Individual: $750
- Eligible couple: $1,125
To qualify for SSI, you have to meet certain income standards. If you qualify but have some income or receive food, housing or other assistance, these resources may reduce how much you can receive in benefits.
Types Of Disability Policies
There are two types of disability policies.
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Short-term policies may pay for up to two years. Most last for a few months to a year.
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Long-term policies may pay benefits for a few years or until the disability ends.
Employers who offer coverage may provide short-term coverage, long-term coverage, or both.
If you plan to buy your own policy, shop around and ask:
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How is disability defined?
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How long do benefits last?
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How much money will the policy pay?
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What We Mean By Disability
The definition of disability under Social Security is different than other programs. Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability.
We consider you disabled under Social Security rules if all of the following are true:
- You cannot do work that you did before because of your medical condition.
- You cannot adjust to other work because of your medical condition.
- Your disability has lasted or is expected to last for at least one year or to result in death.
This is a strict definition of disability. Social Security program rules assume that working families have access to other resources to provide support during periods of short-term disabilities, including workers’ compensation, insurance, savings, and investments.
How Your Ssdi Payments Are Calculated
The severity of your disability will not affect the amount of SSDI benefits you receive. The Social Security Administration will determine your payment based on your lifetime average earnings before you became disabled. Your benefit amount will be calculated using your covered earnings. These are your earnings at jobs where your employer took money out of your wages for Social Security or FICA.
Your SSDI monthly benefit will be based on your average covered earnings over a period of time, which is referred to as your average indexed monthly earnings . The SSA uses these amounts in a formula to determine your primary insurance amount . This is the basic amount used to establish your benefit.
SSDI payments range on average between $800 and $1,800 per month. The maximum benefit you could receive in 2020 is $3,011 per month. The SSA has an online benefits calculator that you can use to obtain an estimate of your monthly benefits.
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Heres When Va Disability Social Security Ssi Recipients Will Get Their $1400 Stimulus Checks
If you receive VA disability pay, Social Security or SSI and you havent received your third stimulus check, your wait is almost over. The IRS just announced that payments to those receiving VA disability could be made in mid-April, while most payments for people who receive other federal benefits and arent required to file a tax return will be made Wednesday, April 7.
The April 7 payment date applies to those who get benefits from Social Security retirement and disability, Supplemental Security Income and the Railroad Retirement System. A payment date for those who get VA benefits hasnt yet been announced.
Why Are VA Disability and Social Security Recipients Still Waiting?
If you file a tax return and receive benefits, chances are good that youre among the 127 million Americans who have already gotten their $1,400 stimulus checks. But about 30 million recipients of Social Security and other benefits are still waiting on stimulus money.
Thats because the IRS is processing stimulus payments using 2019 and 2020 tax returns. But just as with the first two rounds of payments, the IRS didnt require recipients of Social Security and other benefits to file a tax return if they werent otherwise required to. Instead, the IRS got the information it needed from the appropriate agency.
Do I Have to Do Anything to Get My Check?
Probably not. If you received the first two checks, youre probably in line to get this one, too. The only thing you can do right now is wait.
What Does Social Security Pay For Disability
The answer to this depends on whether a person gets disability through Social Security Disability or SSI. SSI beneficiaries are all limited to the same maximum amount. But Social Security Disability is based on your history of earnings, and can be more than $2500 per month, though the average is probably closer to $1200.
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How Much Is The Disabled Facilities Grant
The maximum amount of grant is:
- £25,000 in Northern Ireland
- £30,000 in England
- £36,000 in Wales
The amount you receive depends on your own individual circumstances as the grant is means tested for adults. This takes into account your savings, income and outgoings.
For families with a disabled child under 19 years the grant is not means tested.
If the cost of the work is above the maximum grant your local authority has discretionary powers to provide further financial help.
What Are Social Security Disability Benefits
Social Security disability benefits come from payroll deductions required by the Federal Insurance Contributions Act to cover the cost of Social Security benefits such as retirement, as well as spousal and survivor benefits. Some of this funding goes into the Disability Insurance Trust Fund and pays for disability benefits.
According to the Social Security website, to qualify for Social Security disability benefits, you must have worked a certain length of time in jobs covered by Social Security. Generally, you need 40 credits, 20 of which were earned in the last 10 years, ending with the year when you became disabled. You must also have a medical condition that meets Social Securitys definition of disability.
Social Security Disability Insurance should not be confused with Supplemental Security Income , which pays benefits to those who have financial needs regardless of their work history. Although these two names sound similar, the qualifications to get the payments and what you might receive are very different.
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How Much Work Do You Need
In addition to meeting our definition of disability, you must have worked long enough and recently enough under Social Security to qualify for disability benefits.
Social Security work credits are based on your total yearly wages or self-employment income. You can earn up to four credits each year.
The amount needed for a work credit changes from year to year. In 2021, for example, you earn one credit for each $1,470 in wages or self-employment income. When you’ve earned $5,880, you’ve earned your four credits for the year.
The number of work credits you need to qualify for disability benefits depends on your age when you become disabled. Generally, you need 40 credits, 20 of which were earned in the last 10 years ending with the year you become disabled. However, younger workers may qualify with fewer credits.
For more information on whether you qualify, refer to How You Earn Credits.