Dont Use Social Security Disability As Unemployment Benefits It Could Come Back To Haunt You
If you can help from filing for both Social Security disability and unemployment benefits at the same time, try to do so.
In fact, pick one or the other.
On one hand, you are saying to the Social Security Administration that due to your impairments, there are no jobs within the national economy you are capable of performing.
On the other hand, you are also telling the Texas Workforce Commission that you are ready, willing, and able to work.
Hopefully, you can see the dichotomy.
There is a split in SSA on unemployment benefits. About 1/2 believe that you are lying to either SSA or TWC when you file for disability benefits and unemployment at the same time. In their minds, how are they supposed to believe you when you state to SSA you are unable to work? I have been in many hearings where the judge directly asks the claimant why he or she filed for disability and at the same time filed for unemployment benefits.
The 1/2 are more understanding. They realize that if there is absolutely no income coming into the home, they you could possibly be on the street. So, out of necessity a person files for both.
The only problem is that you never know who youre going to get for a judge if you have to go to a hearing. If you did file for disability and unemployment, it sometimes makes it that much harder to win your case. Not always, but sometimes it does.
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Will I Have To Pay Taxes On The Social Security Disability Benefits I Receive
Probably not, but this depends on the amount of your total income. Most people wont have to pay taxes on their Social Security disability benefits. Couples whose combined incomes exceed $32,000 and individuals with income exceeding $25,000 will pay income tax on a portion of their Social Security disability benefits. The IRS has an odd way of figuring out total income for this rule. The IRS uses adjusted gross income as reported on Form 1040, plus one-half of the total Social Security benefits received for the year, plus non-taxable interest.
Single people with incomes over $34,000 and married people with incomes over $44,000 pay tax on a higher percentage of their Social Security disability benefits.
Heres an odd thing: People whose Social Security benefits are reduced because of the workers compensation offset or offsets for other public disability benefits must count the amount of Social Security benefits not paid when determining taxability of their benefits. But if a child receives benefits on a parents account, those benefits count only for determining if the child must pay taxes on Social Security benefits received.
Tax law is very complex. Please talk to a tax specialist if you have any questions about taxes on your Social Security benefits.
Request A Free Evaluation
If a disability prevents you from working, we can help you get the benefits you deserve. Rabin & Associates is home to some of the best disability lawyers in Chicago. We know exactly what the SSA looks for on disability applications and provide our clients with the best chance at a successful claim. Call us today at 888-529-0600 to schedule a free consultation.
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What A Social Security Lawyer From Our Firm Can Do For You
Helping you determine if you qualify for SSDI and calculating your income are just two of the many tasks our lawyers will do on your behalf.
While you focus on resting and getting treatment, you can rely on your lawyer to:
- Answer any and all of your questions
- Review your application for benefits
- Handle communication with the SSA and alert you of any updates
- Track your claim
- Request a reconsideration and file an appeal if you are denied benefits
- Prepare you for a hearing, should you be asked any questions directly
- Represent you in a hearing with an Administrative Law Judge
We will carry out all these responsibilities for you on a contingency-fee basis, meaning we dont mandate any upfront or out-of-pocket costs. Our payment comes out of the financial awards that we secure for you at the end of your case.
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Let Us Help You With Your Social Security Disability Claim
Even if you clearly qualify for SSDI benefits, you shouldn’t be surprised if your application for benefits is denied. Unfortunately, the SSA denies many legitimate claims. If you need help filling out your initial application for benefits or fighting for the benefits you deserve, our Roswell Social Security disability lawyers are here to help. Call our office today to schedule a free, no-obligation consultation.
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Dependents And Social Security
One key difference between the two programs is how dependents are treated. Dependents may be eligible to collect Social Security after monthly benefits begin. Family members can receive a combined total equaling 150 to 180 percent of your Social Security benefit after you die. Child eligibility extends to age 18 unless the child is a student, in which case benefits continue until he graduates, or becomes disabled before age 22. Ex-spouses also may qualify two years after the divorce, provided the marriage lasted 10 years and they are at least 62.
What Are Limited Resources
The SSA defines limited resources by first calculating the cash you have on hand to pay for daily expenses. Then, the federal agency places a value on any land and other types of personal property that you own. Personal property includes motor vehicles and any asset that you can quickly liquidate into cash. A life insurance policy that contains a cash value is also considered an asset that is easily liquidated into cash. The 2021 maximum amount of limited resources allowed by the SSA is $2,000 for individuals and $3,000 for couples.
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Medical Criteria Needed To Qualify
You will also need to meet the medical requirements to qualify for disability benefits. Both SSI and SSDI have the same medical criteria. You must show you medically disabled to qualify for disability benefits. To be medically disabled means that you are unable to do any substantial gainful activity due to your condition. To prove this, you will need to meet a Blue Book listing. The Blue Book is a compilation of all medical conditions that may qualify for benefits.
The Blue Book is divided into different sections, each with different listings that qualify for disability benefits. You will need to show that your conditions meets the SSA definition of disabling for your condition. It explains how each condition may qualify for benefits. You can find what you will need to show that you meet the listing. This includes test results, medical documentation. You can do this with:
- Test results required by your Blue Book listing
- Scans, x-rays, CAT scans, MRIs
- Treatment plans
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Social Security Disability Benefits
The Social Security Administration administers the Social Security Disability Insurance and Supplemental Security Income programs. These programs have the same definition of disability but have different eligibility requirements.
Social Security Disability
Social Security Disability is a Federal insurance program designed to help people with disabilities who are no longer able to work because of one or more severe medical conditions. Disabled workers are eligible to apply for SSDI if they have worked long enough and earned sufficient wages over the past 10 years. To be fully insured for purposes of eligibility, a workers Social Security account must be credited with at least 20 quarters of earnings in the past 10 years, or 40 quarters.
Supplemental Security Income is the SSAs financial needs-based program for disabled individuals with income and assets below a certain level.
A person is disabled according to SSA if they have a severe medical impairment or combination of impairments lasting or expected to last 12 months or more. During that year, your condition must prevent you from working and earning what is considered substantial and gainful income. While many of our clients are over age 50, injury or illness can impact a person at any stage of their life.
If you have earned sufficient work credits for SSDI or meet the financial need-based criteria for SSI benefits, you may qualify for benefits any time prior to full retirement .
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What Are The Nonmedical Requirements For Social Security Disability
Qualifying for Social Security disability takes more than proof of being disabled and unable to work. You also must satisfy nonmedical requirements to qualify for benefits. Each disability program, Social Security Disability Insurance and Supplemental Security Income has its nonmedical requirements for Social Security disability.
Here is a look at the nonmedical Social Security disability criteria for SSI and SSDI to give you a better understanding of what you need to prove in addition to the existence of physical or mental impairments expected to last more than a continuous period of 12 months or cause death. Working with an SSD lawyer at NY Disability ensures that all requirements, both medical and nonmedical, are addressed when submitting an initial application for benefits or when challenging an adverse decision on your claim through the Social Security appeal process.
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You Must Have Earned Enough Work Credits
SSDI is a program for workers who paid into Social Security over the course of their careers. To qualify, you must have an extensive enough work history and enough recent work to earn 20 credits, depending on how old you are.
When you work and pay Social Security taxes, you earn these credits based on your income. The average worker earns four credits per year. For 2021, you receive one credit for each $1,470 you earn, up to the maximum of four credits. In turn, you only need to earn $5,880 to receive all four credits.
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What Is Technical Denial In A Disability Benefits Application
When you apply for Social Security disability benefits, you must meet a wide range of requirements defined by the Social Security Administration . It is only when you fulfill these requirements that your claim gets accepted. Technical denial is only one way your claim could be possibly blocked.
The toughest of these are the medical requirements. SSA basically requires that your medical condition must be severe enough to pose real limitations on your earning capacity. A large number of SSA applicants fail to meet this requirement. This is why medical reasons are one of the leading causes of disability claim denials.
However, many SSA applicants also fail in their claims over non-medical reasons. This is typically the case when SSA issues a technical denial in a disability claim. Heres a look at what is a technical denial and when is SSA likely to deny a claim in this way.
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Medical Requirements For Disability
If you meet the non-medical requirements for disability, Social Security evaluates the medical requirements. Your claim will be sent to Disability Determination Services DDS contacts your doctors for you medical records. They may schedule examinations with a Social Security consultative examiner. DDS will determine whether you are medically disabled.
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Why Gao Did This Study
SSI is a federal assistance program administered by SSA that provides cash benefits to certain individuals who are elderly, blind, or have a disability. SSI acts as a safety net for individuals who have limited resources and little or no other income. As such, SSI is a means-tested program. As of July 2021, approximately 71 percent of SSI beneficiaries were children or working-age individuals with disabilities. SSA faces longstanding challenges related to administering SSI and its other disability programs. GAO has issued multiple reports with recommendations on how SSA might address these challenges.
This testimony describes SSA’s challenges with incentivizing employment for SSI recipients who wish to work, and preventing improper payments to SSI recipients, including overpayments.
This statement is based primarily on prior GAO reports issued between 2010 and 2021, as well as preliminary observations from an ongoing GAO review of the Ticket program. To conduct the work for these reports and the ongoing review, GAO used a variety of methods including analyzing data reviewing relevant federal laws, regulations, and guidance reviewing key agency documents, such as SSA’s strategic plan and annual SSI stewardship reports and interviewing experts and SSA officials.
For more information, contact Elizabeth H. Curda at 512-7215 or .
Financial Requirements If You Are Under 18
SSI is available to those under 18 as well. To financially qualify for SSI, the SSA will examine the household income of the working adults. The SSA has income limits set in place to determine eligibility for SSI. The limit varies based on the number of working adults in the household as well as the number of children that are ineligible for disability benefits in the household.
For example, the monthly household income limit for a single child of a single parent that also has no siblings is $3,257 while the monthly income limit of a two-parent household with one ineligible child is $4,433.
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What Does Blindness And Disabled Mean
The SSA defines blindness for SSI eligibility to be a central visual acuity that is 20/200 or less in your better eye. You might also qualify for SSI benefits if the field visual limitation in your better eye is not greater than 20 degrees.
Disabled adults must be unable to complete any type of substantial gainful activity . This means you must prove you cannot work for a period that is not less than 12 consecutive months. Through its Compassionate Allowance Program , the SSA provides immediate financial assistance for applicants that meet the minimum standards established for defining a disability.
Social Security Benefits Vs Ssi Benefits
The Supplemental Security Income program can help make ends meet but, as you can see, qualifying beneficiaries may need to identify other programs to add extra stretch to the monthly budget. If youre considering SSI and believe you meet the needs-based standards, ask about the SNAP! Program if you dont already receive food stamps.
Many states also offer supplemental income programs . If you qualify, its possible to receive state supplemental income and SSI. A short list of states dont offer state supplemental income programs to residents. If you dont live in Arizona, West Virginia, Arkansas, Texas, Oregon, Mississippi, and Tennessee , its challenging to determine the amount of SSI income you may qualify for. Your living situation may also affect how much money you receive in SSI benefits.
Contact Social Security at 1-800-772-1213 to discuss your SSI application questions or make an appointment with the SSA office nearest you. If you already receive Social Security benefits, including Social Security disability, its possible to qualify for SSI in some situations.
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Benefits For A Disabled Child
A child under age 18 may be disabled, but we don’t need to consider the child’s disability when deciding if he or she qualifies for benefits as a dependent. The child’s benefits normally stop at age 18 unless he or she is a full-time student in an elementary or high school or is disabled.
Children who were receiving benefits as a minor child on a parents Social Security record may be eligible to continue receiving benefits on that parents record upon reaching age 18 if they are disabled.
Who Evaluates Medical And Financial/legal Eligibility
When you file aclaim for disability, the application is taken by a claimsrepresentative at the Social Security office. Claims reps do notevaluate claims for their medical eligibility, but they do look at an applicant’s nonmedical eligibility. If they find that an applicant appears eligible for either SSDI or SSI, the claims rep will transfer your file to Disability Determination Services , where disability claims examiners are based. Claims examiners decide whether or not an applicant is medically disabled, with the help of a medical consultant.
If a claims rep finds that you are working and earning more than a certain amount of money, or you don’t have enough work credits for SSDI and but you have too much income or assets for SSI, you will get a “technical denial.” You usually receive notice of a technical denial fairly quickly.
However, as part of their medical eligibility assessment, claims examiners at the DDS will also be interested in whether you are working and earning money. If a DDS claims examiner finds you are “engaging in substantial gainful activity,” you can be issued a technical denial by the DDS, which can take a few months. Learn more about technical denials.
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How Far Back Will My Benefits Go
Your benefits should begin with the month of the date of entitlement in your case. Many people ask why benefits dont begin on the date they were found disabled. Social Security disability benefits never begin on the date one is found disabled because of the waiting period of five full calendar months. Another rule limits payment of back benefits to 12 months before the date of the application. Therefore, your benefits begin either 12 months before the date of application or five full months after the date you were found to be disabled, whichever is later.
Social Security: Substantial Gainful Activity
In assessing whether you qualify non-medically, the Social Security Administration will initially look to whether you are right now working. In the event that you are working with low income wages below the stated threshold and not procuring a high income, you won’t consequently be denied disability benefits, however completing a considerable measure of work, means that you’ll be denied benefits.
How do I know if I earn under substantial gainful activity?
The amount considered under substantial gainful activity for 2019 is $1220 for non-blind , disabled claimants and $2040 for blind disabled claimants. If your earnings are above these thresholds, then you will not be considered as eligible for social security claims by the SSA. This means that the SSA considers people earning above those threshold as capable enough to find employment in ‘competitive environments’. While analyzing whether you qualify for social security non-medically, the SSA would not consider income from any other sources than your work as substantial gainful activity. These sources may include income from trusts, gifts, investments or interests.
Exceptions to the substantial gainful activity, SGA
- Low income limits
- Higher income limits
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