Friday, December 2, 2022

What Is A Social Security Disability Freeze

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How Does The Disability Freeze Affect Ssd Recipients Who Reach Retirement Age

What is a disability freeze as it relates to Social Security disability?

Many who are receiving disability benefits are concerned their monthly amount will go down when they retire. The SSA recognizes the concern and the impact your disability has on your earning potential. Instead of utilizing the 35-year work history rule, they only consider work history prior to disability.

So if you dont have a disability when you retire, the disability freeze comes into play. The SSA will ignore your periods of disability in their calculations for retirement benefits.

This concept, according to the SSA, is simple but powerful. Disabilities limit opportunities and income. They shouldnt also define benefits to hardworking individuals with a disability beyond their control.

What Is A Social Security Disability Freeze

  • What Is a Social Security Disability Freeze?
  • A disability can make it difficult or impossible for you to work. As a result, you may have gaps of unemployment in your work history or periods where you were earning less than usual due to your disability. If you are in this situation, its important to understand how a disability freeze can help.

    Q: Does The Ssa Consider A Mental Illness Disabling

    Yes but it depends if the mental illness is severe enough to qualify. Hundreds of thousands of American beneficiaries receive disability benefits for their mental illnesses. If you would like to know if your mental illness qualifies for disability benefits, feel free to contact us, the Disability Care Center, for a pre-screening evaluation at no cost.

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    When Would I Use A Disability Freeze

    Depending on the nature of your disability, you may be physically able to continue to work for a while despite it, but not as hard as before. An example would be going blind. There will be a period of time where the person in question will be partially blind and still able to work, but it is unlikely that he or she will be able to work at the same capacity as when he or she had full sight.

    This is when you would use a disability freeze. Putting a pause on your earnings history when you are at full working capacity will maximize the amount of money the government will give you in disability benefits.

    Social Security Disability And Vision Impairment

    What Is a Social Security Disability Advocate?

    Social Security will usually recognize vision impairment as a disability based on one of the following issues:

    A few special rules apply in Social Security disability cases involving visual impairments. Those who are statutorily blind will have a higher level of income that is considered to be substantial gainful activity . This may allow them to continue to work while still qualifying for Social Security disability benefits. In addition, a disability freeze will apply if a person had previously been able to work, but the income they were able to earn has decreased due to visual impairments. In these cases, SSDI benefits will be calculated based on the income earned before the person experienced reduced income due to blindness.

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    What If I Receive A Pension

    When you apply for SSDI, the Social Security Administration calculates the amount of your possible monthly disability benefits based on your work history. The SSA may reduce the amount you receive in some cases if you have other sources of income. Specifically, Social Security may lower your disability payments if you receive;certain types of pension payments.

    The main point that Social Security considers is whether you paid Social Security taxes on the money you earned while working the job that provided your pension. Most government jobs and private businesses participate in Social Security withholding, so any pension you receive from employment in such a job will not impact your disability benefits.

    Applying For Social Security Disability Benefits

    You can apply for Social Security Disability benefits online at the SSA website or in person at your local Social Security office. When applying in person, make sure you bring copies of all your medical records related to your disability.

    These records should include a history of your diagnoses, a history of your hospitalizations, the findings of physical and mental exams and a personal statement from your treating physicians about the limitations caused by your condition.

    You will also need to bring your employment history and financial records.

    When applying online, you may be able to submit your medical documentation electronically.

    You will receive a decision regarding your disability claim within three to six months of the date of your application. If you are approved for benefits, your notice of award will provide information about receiving your first disability payment.

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    Physical Or Mental Impairment

    The basic rule regarding disability is that the condition preventing you from working must be a medical one, meaning that it can be discovered and described by doctors To prove you have a medically determinable condition, when you file your disability claim, you should bring records and statements from doctors, or from hospitals or clinics where you have been treated, describing the medical condition that prevents you from working, and exactly how your limitations affect you. The letters should also state that your disability is expected to last for 12 months or to result in your death.

    Determining Eligibility For Social Security Disability Benefits

    How The Social Security Disability Wage Freeze Can Benefit You

    The Social Security Disability Insurance program is one of the largest federal programs for people who have suffered a disabling injury or illness.

    Run by the Social Security Administration , SSDI pays cash benefits to partially replace income lost as a result of ones disability. As an employee, you actually pay into the program through the taxes which are withheld from your paychecks.

    You are eligible to receive payments for SSDI if you have been medically determined to suffer a disability.

    While many of us think of disabling conditions as something that happens to other people, studies cited by the SSA indicate that as many as one in four young people will suffer a disabling injury or medical condition by the time they reach the age of 65.

    In making a determination for disability benefits, the SSA will consider a number of factors, such as the severity of your condition and if it interferes with your ability to work.

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    The New National Disability Strategy Is Out Today Promising To Improve The Lives Of Disabled People As Part Of The Governments Levelling Up Agenda

    The process of the development of the strategy has been controversial, with concerns raised in particular about the level and type of consultation with disabled people that went into its development.;

    In his foreward to the Strategy, the Prime Minister, Boris Johnson, says:;

    If there is one thing more than any other that drives this government, its our determination to level up the country so that whoever and wherever you are, the spark of your talent and potential can be connected with the kindling of opportunity;As we emerge from the long shadow of Coronavirus, I want to build back better and fairer, for all our disabled people and this strategy is the down payment on making that happen.;

    While its good to see the Government state an ambition for transformational change for disabled people, the strategy released today feels like just the beginning, and well need much more information not least on funding before we can be confident it will deliver this promised change.;;

    The first part of the strategy does not feel strategic, reading as a one-year plan, with policies led by individual departments. There are some positive ideas in there which could improve things for blind and partially sighted people, like:;

    • Accelerating the roll out of tactile paving at railway stations;
    • Improvements to access to work, including the creation of a passport so you can move your adjustments from one employer to another;
    • And pledges to fix the accessibility of government communications;

    What Should I Know About The Disability Freeze

    On Behalf of Steppacher Law | Apr 20, 2021 | Social Security Disability

    There are multiple ways that Americans suffer from disabilities. Some persons become disabled due to a single catastrophic event or illness, and other Americans struggle with disabilities for years. The Social Security Administration has designed the Social Security Disability Insurance system to account for this reality.

    If you are one of the thousands of Americans who has spent years fighting against your disabilities, you may be eligible for a disability freeze. According to the Social Security Administration, a disability freeze can help you decrease the impact of years when you could not work due to your disability.

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    Why Would I Want A Disability Freeze

    Unlike Supplemental Security Insurance , SSD payments focus heavily on how long you spent in the workforce and how much money you made during that time. The longer you work and the more money you make, the more the government will give you in disability payments. Thus, if there are periods in your employment history where your earning potential was lower due to you fighting with your disability, the government may freeze those years so that they do not count against you when the government calculates SSD payments.

    How Pip Affects You If You Receive Dla

    Number of People Receiving Federal Disability Payments ...

    Any people who were receiving DLA and were aged over 16 and under 65 on 8 April 2013 are being invited to claim PIP.;If you are in the relevant age group and have not yet had an invitation to claim PIP, you will eventually get a letter from DWP/DfC which will explain what you need to do to begin your claim.

    When you are invited to make a claim for PIP, it is vital that you contact the DWP/DfC to;start your claim within four weeks. If you do not start your claim within four weeks, the DWP/DfC will suspend your DLA. You can still make a claim for PIP after this, and if you do it within a further four weeks your DLA will be reinstated whilst you are making your claim for PIP.

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    Early Retirement Or Social Security Disability

    Are you thinking about filing for early retirement due to health concerns. If this is you, you may be

    eligible for the Social Security Disability Insurance program. It does not matter whether you already get a company retirement benefit, long-term disability payments, or workers compensation benefits. You have a reasonable chance of approval if your health problems contributed to your decision to retire early or even if your ;health problems started or worsened after retirement. The Social Security Administration will require that you:

    • are working at levels below the SGA level
    • have disabling health problems that have lasted or will last at least 12 months, and
    • are still insured for the SSDI disability program.

    When Ssdi Lowers Your Pension

    In most cases, a pension doesnt impact the amount of an SSDI payment. What about the other way around? Can an SSDI payment reduce the amount you receive from your pension?

    The short answer is, yes. It isnt a common occurrence but it can happen. Whether or not your;pension payment alters Social Security Disability benefits;depends on the kind of pension you have and on the type of Social Security benefits youre receiving.

    The SSA has two forms of disability income, each program with its own qualifying rules and methods for calculating benefits. The two programs are;Supplemental Security Income; and;Social Security Disability Insurance;

    SSI payments are needs-based, where SSDI benefits are not. For this reason, your pension is more likely to reduce your SSI payments than your SSDI. However, it can happen.

    Your eligibility for SSDI depends on your documented medical condition. This means most government and private pensions will not have an impact on the monthly SSDI benefits youll receive once you qualify for disability.

    As with just about everything in life, there are occasional exceptions to the rule.

    • Civil service retirement benefits may affect your SSDI payments
    • Some types of disability pensions and long-term disability plans impact SSDI benefits

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    Contact An Orlando Social Security Disability Benefits Attorney

    Are you interested in applying for disability benefits after receiving early retirement? If you or a loved one took early retirement due to health problems, or if you began having problems after you retired, contact attorney Frank M. Eidson today.

    Our legal team can help you to navigate the complex and often confusing Social Security Disability Insurance system, including helping you with an appeal if your application for benefit was initially denied.

    We always provide individual attention, support and personalized service for our clients in Orlando, Winter Park and throughout Florida. Contact us today to schedule a free review of your case. We can learn more about your objectives and answer all of your questions.

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    What Is Considered Legally Blind In Canada

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    Being legally blind does not mean that you are completely blind. Those who are legally blind often can see some things, but their eyesight could be very narrow or extremely blurry.

    In Canada, someone is considered blind under the law if their best eye has less than 20/200 vision, even with the help of contact lens or glasses. To put that in perspective, it means that the person cannot see more than six meters in front of them. Normal vision allows you to see about 60 meters away.

    You can also be considered legally blind if your vision field is less than 20 degrees with the help of glasses or contacts. That means that you have trouble seeing on the sides .

    Because being legally blind is measured by your best eye, that means that you likely are not considered disabled if you are only blind in one eye.

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    Q: What Is The Probability Of Being Approved For Social Security Disability Benefits

    Due to the immense magnitude of new applications, severe budget cuts from the federal government and the unpredictable nature of the economy, the Social Security administration denies over 70% of the applications in the initial stage. The SSA might deny a valid case for several reasons including missing or not enough medical documentation, application was not completed correctly, applicant is working too many hours, etc. Approximately 12% of claimants who put in a request for reconsideration are approved and roughly 35% who put in a request for a hearing before an Administrative Law Judge are approved.

    An effective alternative to raise your chances of approval is to seek help through a disability advocate or attorney. Disability advocates know how the social security system works and will efficiently handle your application by collecting all necessary evidence and documentation. A disability advocate will also continue to help you through the appeals process should you get denied. Many disability advocate organizations can increase your chances of approval by 50-70%. For more information, check out our page on the advantages of representation.

    Have You Or A Loved One Been Denied Social Security Disability Benefits

    If you or a loved on has been denied Social Security Disability Benefits you need to speak with an experienced SSD attorney as soon as possible. Please contact us online or call our Virginia Beach office directly at 757.490.3500 to schedule your free consultation. We have offices throughout Virginia including Chesapeake, Newport News, Norfolk and Suffolk.

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    Q: Can Drug Addicts And Alcoholics Get Disability Benefits

    The SSA is prohibited by Congress to give benefits to individuals who are only having difficulty with drug addiction and/or alcoholism. Congress doesnt want drug addicts and alcoholics to spend their disability benefits on drugs and alcohol. However, these individuals are just as susceptible to diseases, mental illnesses, and other impairments like any other person and could potentially qualify for disability benefits. Although in most instances, it requires the individual to seek treatment for the addiction before benefits can be received.

    Our Personal Independence Payment Toolkit

    Social Security Process Assistance

    The idea of filling out a claim form can be a little daunting, so to help you complete your form we have created a handy PIP Toolkit. Our Toolkit identifies the questions on the PIP application form that are most relevant for many blind and partially sighted people and contains our top tips to help you complete the form effectively.

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    Q: What Is The Difference Between Ssi And Ssdi

    The SSA runs two different disability programs, Supplemental Security Insurance and Social Security Disability Insurance . SSI is a financial need-based program for disabled individuals who havent earned enough work credits or havent worked at all in the past 10 years. SSDI is a disability program for workers who have earned enough work credits based on taxable employment in the past 10 years. Overall, the main difference resides in how long an individual has worked in the past 10 years.

    What Is Social Security

    Social Security includes two Federal programs that provide benefits based on disability and are the largest of several programs that provide assistance to people with disabilities: the Social Security Disability Insurance program and the Supplemental Security Income program. Eleven million people with disabilities and their families, about one third of recipients, rely on social security for their survival. Workers who pay Social Security taxes qualify for disability and retirement benefits, and, if they die, their spouses and children receive survivors’ benefits. People with disabilities may receive Social Security’s retirement, survivors, and disability insurance benefits based on their work history, age, or eligibility category.

    • A measure to implement social insurance during the Great Depression
    • Enacted August 14, 1935
    • Established a disability “freeze” for disabled workers and defined disability
    • Enacted September 1, 1954
    • Established monthly cash benefits for eligible disabled workers
    • Enacted August 1, 1956
    • Provided benefits for dependents, spouses, and children, of disabled workersand provided for 12 months of retroactive payments
    • Enacted August 28, 1958
    • Established benefits for disabled workers under age 50 & introduce a trial work period to allow beneficiaries to try working without losing benefits right away
    • Enacted September 13, 1960
    • Enacted October 30, 1972

    What is Achieving a Better Life Experience Act?

    History of Legislation

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