Social Security Disability 5-year Rule

Adults With A Disability That Began Before Age 22

An adult who has a disability that began before age 22 may be eligible for benefits if their parent is deceased or starts receiving retirement or disability benefits. We consider this a “child’s” benefit because it is paid on a parent’s Social Security earnings record.

The Disabled Adult Child who may be an adopted child, or, in some cases, a stepchild, grandchild, or step grandchild must be unmarried, age 18 or older, have a qualified disability that started before age 22, and meet the definition of disability for adults.

Example

It is not necessary that the DAC ever worked. Benefits are paid based on the parent’s earnings record.

• A DAC must not have substantial earnings. The amount of earnings we consider substantial increases each year. In 2022, this means working and earning more than $1,350 a month.

Working While Disabled: How We Can Help

Disability Is Unpredictable And Can Happen To Anyone At Any Age

Disability is something many Americans, especially younger people, think can only affect the lives of other people. Tragically, thousands of young people are seriously injured or killed, often as the result of traumatic events. Many serious medical conditions, such as cancer or mental illness, can affect the young as well as the elderly. The sobering fact for 20-year-olds is that more than 1-in-4 of them becomes disabled before reaching retirement age. As a result, they may need to rely on the Social Security disability benefits for income support. Our disability benefits provide a critical source of financial support to people when they need it most.

Which States Offer Supplementary Disability Payment Programs

The majority of all disability payment programs are administered on the federal level, but there are five states that offer state-funded disability programs in addition to SSDI and SSI. Currently, those five states are California, Hawaii, New Jersey, New York and Rhode Island. They are intended to supplement, but not replace, federal disability payment programs.

Recommended Reading: Sample Spouse Letter To Va For Ptsd

Social Security Disability Vs Ssi

What can cause your benefits to stop differs between the two separate disability benefit programs that the Social Security Administration operates, so let’s take a brief look at the two programs.

Social Security Disability Insurance is based on an individual having paid enough in Social Security taxes to be eligible for benefits. Someone who hasn’t worked long enough, or recent enough, to have sufficient “work credits” isn’t eligible for SSDI regardless of their disability.

Supplemental Security Income is a needs-based program. It isn’t necessary to have paid Social Security taxes, or to have even worked, to be eligible for SSI. However, there are strict limits on the amount of income or assets that someone can have to qualify for SSI benefits.

Social Security Disability Payments Are Modest

At the beginning of 2019, Social Security paid an average monthly disability benefit of about $1,234 to all disabled workers. That is barely enough to keep a beneficiary above the 2018 poverty level . For many beneficiaries, their monthly disability payment represents most of their income. Even these modest payments can make a huge difference in the lives of people who can no longer work. They allow people to meet their basic needs and the needs of their families.

Recommended Reading: How To Get Disability In Florida

What Is The Va 10 Year Rule

The VA 10 year rule means the VA cannot eliminate a rating thats been in place for 10 years or more.

However, the rating can be reduced if medical evidence shows that the disability has improved.

There is always an exception to this rule if the VA determines that the original disability rating was based on fraud.

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. We will also consider you legally blind 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. This may be the case if your vision problems alone or combined with other health problems prevent you from working.

There are several 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 workers with disabilities.

In 2022, the monthly earnings limit is $2,260.

Recommended Reading: Can You Get Disability For Adhd

Medical Improvement Can Stop Both Ssdi And Ssi

The rules surrounding cessation of benefits for medical improvement are the same for Social Security disability and SSI.

If your disabling medical or mental/psychiatric condition improve, the SSA can find that you’re no longer disabled and stop your benefit payments. The SSA periodically reviews the case of all beneficiaries to determine whether they are still disabled.

The standards used in “continuing disability reviews” for determining whether someone has improved enough to return to work are tough for the SSA to meet, and most disability beneficiaries continue to receive benefits after their review. For more information, see our article on Continuing Disability Reviews.

When Can Va Reduce A Disability Rating

Veterans under the five-year mark with service-connected conditions not deemed stabilized or permanent by VA may be scheduled for a C& P exam to determine if a rating reduction is necessary.

If VA anticipates that a veterans condition may improve over time, the veteran will be reevaluated to ensure they are being compensated for their current level of disability. VA uses C& P exams to reevaluate service-connected conditions based on the severity of symptoms and their impact on daily life.

Following a scheduled C& P reevaluation, VA may reduce a veterans rating if their condition has improved. VA outlines the criteria for reducing ratings in 38 CFR § 3.105, which states that a reduction may only take place if:

• VA has reviewed the veterans entire medical history
• The veteran undergoes a thorough C& P examination and
• VA finds sustained improvement in the veterans ability to function in daily life.

It is important to note that sustained improvement cannot be circumstantial or related to mitigating factors .

Read Also: Can You Get Disability For Rheumatoid Arthritis

Effects On The Budget

The largest source of uncertainty in the estimate of savings over the next 10 years involves determining the number of new disability beneficiaries who will be 67 after January 2020. The number of veterans age 67 and older who receive disability compensation has increased in the past decade as Vietnam veterans have aged. CBO projects that the number of new recipients age 67 and older will decline in the coming years as the share of the veterans’ population in that age group falls. However, the health of the veteran population also affects the number of older veterans on the rolls, as do outreach efforts by VA and others to inform veterans about the benefit and other factors.

What About Childhood Disability Benefits

Some children can receive disability benefits. If you received these benefits as a kid, the SSA would review your case two months before you turn 18.

The review will see if your medical condition qualifies for adult disability benefits. If you are eligible, you can receive SSDI as an adult for as long as youre disabled.

Also Check: What Is Voluntary Short Term Disability

You May Not Be Receiving The Benefits You Deserve The 5

The 5-year rule protects a Veteran from receiveing Veterans disability benefits based on the assumption that their condition has improved over time. Because of this, many Veterans have had their disability scores increased while still seeking treatment for their disabilities. If you are continuing to get treatment and suffer from a service-connected disability, you deserve to continue receiving disability compensation from the VA. If your condition is re-evaluated and your disability rating gets lowered, you can dispute the VAs decision to lower your rating by making an appeal.

Appealing a VA decision can help you keep the benefits that you deserve in some cases, the appeals process can even lead to an increased disability rating. If your rating has gone down after a VA re-evaluation, one of the best steps to take is recruiting a reliable attorney and appealing the VAs decision. An attorney can help you make a successful appeal by assisting you in navigating the often-complicated VA appeals process.

Cdr And Other Disability Issues At Age 60 And Above

When someone is 60 years old is disabled, whether they are already receiving SSD benefits or they are just thinking about applying for them, the question of early retirement usually comes to mind.

Do not file for early retirement benefits at age 62 if you are disabled.

Social Security disfavors early retirement as a policy. The government designed the Social Security System to provide full retirement benefits to those who reach Full Retirement Age . You can file for early retirement at age 62, but you will lose a substantial percentage of your full-retirement-age benefit amount, and the reduced benefit is permanent.

Early retirement can cost you up to 30% of the monthly benefit you would receive if you waited until you reached your FRA. But Social Security Disability benefits are equal to what you would receive under your full-retirement-age benefits. If you are 62 or older and still younger than your FRA, you should apply for SSD benefits. There is no penalty for applying and qualifying would bring you your full retirement payments until you reach your FRA. Then, when you reach your full retirement age, your benefits simply transfer from disability benefits to retirement benefits, without any change in the amount of your monthly benefit.

Read Also: Is Being Left Handed A Disability

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.

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 to have a qualifying disability under Social Security rules if all the following are true:

• You cannot do work and engage in substantial gainful activity because of your medical condition.
• You cannot do work you did previously or adjust to other work because of your medical condition.
• Your condition 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.

Don’t Miss: How To Apply For Disability In Alabama

Can The Va Reduce A Permanent And Total Rating

No, the VA cannot reduce a Permanent and Total VA rating unless the original disability rating was based on fraud.

The major benefit of being deemed both Permanent and Total or 100% P& T is that your VA rating is protected from a future rating reduction.

This means the VA can NEVER reduce your rating!

When Will I Receive My First Ssdi Payment

If the Social Security Disability application is approved, the first benefit will be paid to you for the sixth full month after the date that the disability began.

Monthly disability benefits are wholly based on your lifetime average earnings covered by Social Security. You can receive an estimate here.

Read Also: Is Arthritis Considered A Disability In Canada

What Is Social Security Disability Insurance

Social Security Disability Insurance pays benefits to people who cannot work because of certain disabilities or medical conditions. SSDI is funded by FICA Social Security payroll taxes. Workers earn SSDI by accumulating enough work credits throughout their working life. In order to qualify for SSDI, a person must be under 65 years old and have a qualifying severe disability as designated by the Social Security Administration .

Also, federal law has a very strict definition of disability that requires the medical condition be one thats expected to last one full year or more, or result in death. Social Security does not grant benefits to people with partial or short-term disabilities.

There is some confusion about the difference between SSDI and SSI , so lets clear up that confusion next.

Reaching Retirement Age While On Ssdi

Social Security disability beneficiaries who reach full retirement age will see their disability benefits stop, since one cannot receive both Social Security disability benefits and Social Security retirement benefits at the same time. If you’re receiving SSDI when you reach full retirement age, Social Security will switch your payments to Social Security retirement benefits.

Also Check: How To Apply For Disability Benefits For Depression

How To Keep Your Social Security Disability Benefits

What can you do to ensure that you keep your social security benefits until age 66 or 67 when they convert to retirement benefits?

Dont just assume you will continue to get disability payments forever plan ahead and be ready for your continuing disability reviews. Document everything, so you and your doctors can provide complete information to the SSA at your disability review.

Schedule regular doctors visits and talk to your doctors about your medical condition including how your disability affects you and prevents you from performing daily activities. SSA will review your medical records at the disability review, and, if you have not been seeing your doctor, they will determine that your disability is not being documented.

Reply immediately to your continuing disability review notices and follow up if you do not hear back from the SSA. If you dont participate in the disability reviews, the SSA may terminate your benefits.

Reply immediately to all requests for information. When medical records or physicians statements are requested, provide them immediately. In some cases, you may be required to see a doctor chosen by the SSA for an independent medical examination respond immediately, schedule the appointment promptly, and show up.

Social Security Helps People Work Without Losing Benefits

Often, people would like to re-enter the workforce but are afraid they might lose disability benefits if they try to get a job. If you are age 18 through 64 and receive Social Security disability benefits, you can participate in Social Securityâs Ticket to Work program. The Ticket to Work program allows you to receive free employment support services and take advantage of work incentives that make it easier to work and still receive benefits such as health care. In some instances, you can receive cash benefits from Social Security, and you are protected if you have to stop working due to your disability. Learn about our Ticket to Work program or call1-866-968-7842 or 1-866-833-2967 .

Read Also: Is Spinal Stenosis A Permanent Disability

What Is The Va 5 Year Rule

The VA 5 year rule allows the VA to reevaluate your existing VA disability rating within 5 years of your initial examination, if and only if, your disability condition is expected to show material improvement over time.

However, the VA may still reevaluate your disability rating past the 5 year deadline if your condition has significantly improved, as shown by medical evidence.

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.

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.

Don’t Miss: Can You Work While On Permanent Disability