A life-changing disability can be stressful, so when it comes to your benefits and legal needs, it’s best to hire a disability attorney. Learn more details right here.
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Administrative Law
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Thinking about filing for Supplemental Security Income? Hiring an attorney will increase the chances of your claim being approved.
Supplemental Security Income (SSI) is a benefit program for low-income individuals.
Unlike Social Security Disability (SSD), which is available to people who have paid into the Secoail Security system through taxable income throughout the year, SSI is a safety net for people who have not worked long enough to claim Social Security Disability.
Today, we’re going to take a closer look but we recommend working with an experienced SSD and SSI attorney for the best results.
Let’s get started …
Supplemental Security Income (SSI) Is Based On Income & Resources
SSI benefits are not based on an individual’s prior work history. So, a claimant who did not earn enough taxable income for SSDI benefits can still apply for SSI benefits.
SSI benefits are eligible to those who are 65, disabled adults, and children who are blind or disabled. If a claimant is successful in applying for SSI benefits, monthly payments will be paid based on his or her income and resources, up to the maximum federal benefit rate. Some states also provide supplemental benefits with additional monthly amounts.
In many states, once disabled workers become SSI beneficiaries, they automatically become eligible for Medicaid.
The Social Security Administration (SSA) determines an applicant’s income by calculating his or her resources including cash and property. Applicants with fewer resources are more likely to be accepted for SSI benefits. For example:
- An individual adult must have $2,000 or less in cash or combined bank accounts; for a married couple, it’s $3,000.
- An individual’s home value is considered separately and will not be a reason to disqualify an applicant from receiving SSI.
- An individual’s automobiles with a fair market value of up to $4,500 will not be counted as part of an individual’s resources.
Disabled Children May Qualify for SSI Benefits
Benefits are available for disabled children under the age of 18, as long as the disability fits SSA definitions of disability, and the household income fits within the financial guidelines of the SSA.
Certain items are not part of the income assessment including tax returns and food stamps. And there is a monthly limit for disabled children who are receiving health care coverage for treatment in a medical facility.
For children to be considered for SSI benefits, they may not be working and earning a certain amount per month. The amount changes each year, so anyone considering SSI should check the current figure.
Another requirement is that the disabled child has a mental or physical condition (or both) that causes “marked and severe functional limitations.”
And a third requirement is that the child’s condition must have been disabling (or expected to be disabling) for 12 continuous months, or is expected to result in the child’s death
The Rejection Rate Is High
It is highly probable that an initial application for SSI benefit will be turned down. This happens in 70 percent of the cases. But this is not the end of the road. You as an SSI applicant have the right of appeal, and an attorney can help you with the appeals process.
Many claimants get discouraged after their claim is rejected and simply give up. This is not necessary. Some claimants reapply in the same way. This is not advisable. The best way to appeal is with an appeals attorney who understands what needs to be done for a successful appeal.
There is a good chance that the appeal will be successful. More than half of the applicants who pursue the disability appeal process will go on to receive SSI payments in the future.
If your application for Social Security Disability benefits is turned down, giving up is never a good idea. A mere thirty percent of applications are approved at the initial stage of the disability application process, whereas more than half of the applicants (some estimates are as high as 60 percent) who pursue the disability appeal process go on to receive Social Security Disability payments in the future.
The Benefit of Hiring An Attorney
If you are denied SSI benefits, you should seek legal counsel to help with the appeals process because this can significantly increase your chances of winning an appeal.
Many people feel they cannot afford to hire a disability attorney. But the cost is more reasonable and affordable than you may think. Social Security Disability attorneys work on a contingency basis, meaning it doesn’t have to cost you any up-front and out-of-pocket expenses.
The attorney receives a portion of the back pay you are awarded by the SSA. The attorney will get either 25 percent of your disability back payment or $6,000, whichever is less.
This makes the process affordable and provides motivation for your attorney since he or she will not get paid if you are not awarded SSI benefits.
Filing A Claim Takes Time
As for the time period, you have 60 days from the date you receive your determination letter from the SSA to appeal a rejection. So, you should contact an attorney as soon as possible to begin your appeal.
An SSI disability claim can take three months or longer to process.
And that’s after you find a lawyer.
If you need help with this process, call 818-340-4529 and let us connect you with an attorney with experience filing for Social Security benefits near you. We may be able to get you up to 30 minutes of free consultation.
Hiring an attorney with experience filing for social security disability will help improve the chances of your claim being approved.
Are you thinking about filing a social security disability claim?
The first thing you should do is look for an experienced social security disability attorney.
Filing for social security disability is a complex process and often results in an extremely high rate of claims rejected. If your condition does not match the official list of acceptable conditions covered by the Social Security Administration, your attorney may be able to file an appeal on your behalf.
Today, we’re taking a closer look at this process so you know where to get started.
The Blue Book
You and your attorney need to establish if your condition qualifies you for social security disability. The Social Security Administration’s impairment listing manual is called the blue book. It lists a number of impairments, both physical and mental, that will automatically qualify you for Social Security disability benefits (SSDI) or Supplemental Security Income (SSI) – provided your condition meets or is equivalent to, the specified criteria for a listing.
The blue book listing manual, which has been updated for 2017, includes the following conditions:
- musculoskeletal problems, like back injuries
- cardiovascular conditions, like heart failure or coronary artery disease
- senses and speech issues, like vision and hearing loss
- respiratory illnesses, like COPD or asthma
- neurological disorders, like multiple sclerosis, cerebral palsy, Parkinson’s disease, and epilepsy
- mental disorders, like depression, anxiety, schizophrenia, autism, or retardation
- immune system disorders, like HIV/AIDS, lupus, and
- skin disorders, like dermatitis
- digestive tract problems, like liver disease or IBD
- kidney disease
- cancer
- and more
Your disease may not match exactly the blue book list. You can still be awarded disability benefits if the Social Security Administration (SSA) considers your condition medically equivalent to the criteria in the listing or a similar listing. And you may have more than one disability, and the SSA will consider the effects of the combined disabilities.
You can also be eligible for benefits if your condition limits your functioning so much that you can’t work. The SSA might determine your condition affects your capacity to perform routine daily activities and work. It will then determine if there is any other kind of job you can be expected to safely perform. It may also consider a medical-vocational allowance.
Work Credits
Once you have established that you have a medical condition that qualifies for Social Security Disability (SSDI), you need to show that you earned enough work credits to be considered under the SSDI program, or your income and assets have to be low enough to qualify for Supplemental Security Income (SSI) program.
Work credits are credits that you earn each year throughout your work history. You earn wages every year, pay FICA taxes into the Social Security system, and you receive work credits. When you file for SSID benefits, the SSA looks at how many work credits you have earned while working.
The number of work credits you will need for disability benefits depends on your age when you become disabled. Generally, the rule is you need 40 credits, 20 of which were earned in the last 10 years ending with the year you became disabled. However, younger workers may qualify with fewer credits, and the SSA has a chart of the credits needed according to age and years worked.
If you do not have enough work credits to qualify for SSI Disability benefits, you still may qualify for SSI, the supplemental income benefits.
How to Apply for Social Security Disability
You can submit your application for Social Security benefits to the SSA online, over the phone, or in person at your local California SSA office.The SSA provides a Disability Starter Kit to help you.
Unfortunately, denial rates at this initial stage of application are well over 60% due to the high volume of applications the SSA receives.
It is suggested that you hire an attorney to help you get familiar with the process and organize your paperwork including medical records to maximize your chances of having your initial application accepted.
Claims for SSDI and SSI benefits take more time to process than other types of Social Security claims –anywhere from 3 to 5 months.
You can help shorten the time for your case by gathering certain information and documents before you apply, including any medical evidence that you are disabled.
Note that all forms and documents need to be originals or certified copies that can be mailed or brought to SSA offices. Photocopies will be made and originals returned to you.
Here is some of the information you will need:
- Your complete name, Social Security number, and proof of your age
- The place(s) you worked, and the kind of work you did
- A copy of your W-2 or another federal tax form
- A list of the medications and dosages you are taking
- The names, addresses and phone numbers of doctors, caseworkers, hospitals, and clinics and the dates of your visits
- All medical records you have or can obtain from doctors, therapists, hospitals, clinics, and caseworkers
- Any changes to your medical conditions, daily activities, work, or education
- Any laboratory test results
When Benefits Start
Social Security Disability benefits begin the sixth full month of disability. There is a disability waiting period that begins with the first month after the date the SSA determines your disability started.
Supplemental Security Income (SSI) benefits will be paid for the first full month after the date you filed your claim, or, if later, on the date you became eligible for SSI.
What to Do If Your Request Is Rejected
After your application is reviewed, the SSA may decide you do not meet the qualifications for disability benefits. If this happens, it is not the end of the line for you. You have the right to ask the SSA to look at your application again.
There are several levels of appeal built-in, and an attorney can help you with the process to appeal the initial decision.
There are online forms to help you with your appeal, and after your appeal is made, the SSA will get back to you with any questions. You can also start a new appeal if appropriate.
Find An Attorney Today
Ready to start the search for an attorney specializing in social security disability?
We’re here to help.
The Attorney Referral Service can help connect you with the most experienced social security disability lawyer in your area. Furthermore, we can even help you get up to 30 minutes of free consultation.
Call 818-340-4529 to get started.
