Frequently Asked Questions About Social Security Disability
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How does an applicant’s death affect a pending SSDI application?
It can take a few years for an application for Social Security Disability Insurance (SSDI) benefits to be approved by the Social Security Administration (SSA). Unfortunately, it is not uncommon for an applicant to die while his application is being considered by the SSA or he is going through the appeal process. However, this does not necessarily mean that he no longer has a right to disability benefits.
Who May Be Able to Pursue an Applicant’s SSDI Claim After His Death
An SSDI claim can be continued after an applicant’s death to collect the payments he should have received before his death. The SSA refers to this as “an underpayment.” Only certain family members are entitled to collect these benefits. Family members can pursue the applicant’s right to benefits in the following order of preference:
- Surviving spouse. A surviving spouse who was entitled to SSDI benefits or living with the applicant in the month of his death has the highest priority to collect the underpayment.
- Children. Children of the applicant who were entitled to SSDI benefits in the month of his death have second priority to collect the benefits he was entitled to.
- Parents. Parents who were entitled to SSDI benefits in the month of the applicant’s death can collect his benefits if he did not have a spouse or children.
If no family member qualified for the underpayment, the estate of the applicant may be able to recover the benefits.
When Do SSDI Payments Start and Stop?
There is a five-month waiting period after the date of the onset of the disability before an applicant would be entitled to SSDI benefits. The payment of SSDI benefits would not start until this time period expires in an underpayment case. The payments could continue until the date of the applicant’s death. In some cases, a spouse and dependent children may also be entitled to survivor benefits.
How to Proceed With a Family Member’s Application After His DeathIf your loved one died while his SSDI application was pending, you need to notify the SSA by filing his death certificate and other required SSA forms. An experienced Social Security disability lawyer can help you file the required legal documents and fight for the benefits your family member deserved. He can also advise you on your right to survivor benefits. To find out how we can help, start a live chat to schedule a free consultation today.
How are SSDI payments calculated?
When you apply for Social Security Disability Insurance (SSDI), one of your top concerns most likely is how much your monthly payment will be if you are eligible for benefits. You need this information so you can be certain that you have sufficient income to survive. However, how your monthly payment is determined is complicated.
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 (SSA) 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 (AIME). The SSA uses these amounts in a formula to determine your primary insurance amount (PIA). 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.
Other Income That May Reduce Your SSDI Payment
If you receive other government benefits, your monthly SSDI benefit could be reduced. Sources of income that could affect your payment include:
- Worker’s compensation
- Public disability benefits
- Pension based on work not covered by Social Security, such as a government or foreign government pension
Can You Receive Retroactive Payments?
Once the SSA approves your SSDI application and calculates your monthly benefit, you may be entitled to a back pay award. How many months of payments you will receive will depend on the date you applied for benefits and your disability onset date.
If you are applying for SSDI benefits, you need the assistance of a skilled Social Security disability lawyer to get your application approved and receive the benefits you deserve. To schedule a free consultation with a member of our legal team, fill out the online form on this page or call our Roswell office today.
What is a trial work period for Social Security disability recipients?
If you are eligible for Social Security Disability Insurance (SSDI) and are receiving monthly benefits, you may want to try to go back to work if your medical condition improves. However, you may be afraid to do this because you do not want to lose your benefits. Fortunately, the Social Security Administration (SSA) allows you to return to work without jeopardizing them during a trial work period.
Your Right to a Trial Work Period
SSDI recipients are entitled to a nine-month trial work period without risking their SSDI benefits during a 60-month rolling period. There is no limit on the amount of income they can earn during the trial work period. The months that a person attempts to return to work do not have to be consecutive.
While an individual may make a conscious decision to try to work again under this program, this time period can also be triggered if he makes too much total monthly income. The amount that triggers the trial work period is set by the SSA and changes yearly. Here are monthly amounts that start a trial period:
- 2018: $850
- 2019: $890
- 2020: $910
If a person is self-employed, he will be considered in the trial work period if he works 80 hours or more in any month.
How Many Trial Work Periods Can You Have?
An individual is only entitled to one nine-month trial period during a five-year period. Once it is exhausted, a recipient is not entitled to a new trial period unless his SSDI benefits end and he either qualifies for SSDI benefits by filing a new application or through an expedited reinstatement.
What Is the Extended Period of Eligibility?
Once a recipient completes his trial work period, he enters into a 36-month Extended Period of Eligibility. During this time period, he can continue to receive SSDI benefits as long as he remains disabled and does not earn more than the Substantial Gainful Activity (SGA) amount set by the SSA every year. For non-blind individuals, the SGA is $1,220 in 2019 and $1,260 in 2020.
Do you have other questions about the trial work period or your eligibility for SSDI benefits? Call our Roswell office today to schedule your free consultation with our experienced Social Security disability lawyers to get the answers you need and to learn how we can assist you.
Should I hire an advocate or Social Security disability lawyer?
When you apply for Social Security Disability Insurance (SSDI), you have the right to be represented by a Social Security disability attorney or an advocate.
Reasons an Attorney May Be a Better Choice Than an Advocate
The cost to hire a lawyer is the same as for an advocate. In addition, both are only paid if your application is approved, and their fees are taken out of your award. Because of this, it makes more sense to retain an attorney. Here are other compelling reasons you should choose an attorney rather than an advocate.
Reason #1: An Attorney Is More Experienced
A lawyer has more training and experience than an advocate. He is required to have these qualifications to represent clients:
- Bachelor’s degree, which requires four years of college
- Juris Doctorate (JD) degree, which requires three additional years of study in law school
- Admission to the state bar association, which requires passing a state bar exam and meeting other requirements.
In contrast, an advocate is a non-lawyer representative that is permitted to represent you by the Social Security Administration (SSA). In order to qualify, he would only need to have these qualifications:
- Bachelor’s degree or equivalent qualifications from work experience and training
- Criminal background check
- Professional liability insurance
- Passage of an exam administered by the SSA
- Continuing education course
Reason #2: You Have Attorney-Client Privilege With Your Lawyer
When you hire an attorney, you have the benefit of the attorney-client privilege. Your lawyer is bound to keep anything you tell him and your information confidential. This is not true if you work with an advocate.
Reason #3: A Lawyer Must Follow Strict Ethical Guidelines
Attorneys are required to follow strict ethical guidelines that advocates do not have to abide by. For example, your lawyer would have a duty to zealously represent you.
Reason #4: An Attorney Can File Your Appeal
If your application for SSDI benefits is denied, a lawyer can file an appeal of the decision for you in federal court. An advocate cannot do this because only licensed attorneys are permitted to represent clients in court hearings.
Contact Us for the Legal Representation You Need
Are you applying for SSDI benefits? Our New Mexico Social Security disability lawyers are here to file your application, collect the evidence you need, and fight for the benefits you are entitled to. Call our Roswell office or start a live chat to schedule your free consultation today.
Can I receive Social Security disability benefits for hearing loss?
You may be eligible for Social Security Disability Insurance (SSDI) if you are deaf or suffer significant hearing loss. However, these claims are complicated, and you need the assistance of an experienced disability attorney if you want your application to be approved.
When You May Automatically Qualify for SSDI Benefits for Loss of Hearing
The Social Security Administration (SSA) has an impairment listing which states when you can be automatically considered disabled and eligible for SSDI benefits for hearing loss if you do not have cochlear implants. A cochlear implant is a medically inserted device that can provide a person with a sense of sound. You may qualify based on the results of one of these two tests:
- Audiometry. In your better ear, your average hearing threshold sensitivity for air conduction must be 90 decibels or less. In addition, you must have a bone conduction hearing threshold of 60 decibels or less in your good ear.
- Word recognition test. If you can repeat 40 percent or less of a list of standardized words, you can automatically qualify for benefits.
Your Right to SSDI Benefits If You Have Cochlear Implants
You are automatically eligible for SSDI benefits if you have cochlear implants in one or both ears for one year after they were implanted. This is true whether or not your hearing improves. After 12 months, your word recognition on a “Hearing in Noise Test” (TNT) must be 60 percent or less for you to continue to receive benefits.
What Happens If Your Hearing Loss Does Not Meet the Automatic Impairment Requirements?
Even if your hearing loss does not satisfy the requirements of the tests listed above, you may still be eligible for SSDI benefits. You would need to show that there are no jobs that you can perform with your hearing loss. In deciding your application, the SSA will consider your ability to communicate, follow instructions, and do various job tasks.
Do you have questions about whether you suffer from sufficient hearing loss to qualify for SSDI benefits? Call our office to schedule a free consultation with a member of our legal team to learn about your eligibility for benefits and how we can assist you.
What are Social Security disability work credits?
In order to qualify for Social Security Disability Insurance (SSDI), you must be disabled and unable to work under the Social Security Administration’s (SSA) definition of a disability and must have worked long enough in a specific time period under their rules. When you are working, you earn work credits and must have a sufficient number of them to qualify for SSDI benefits.
What Are Work Credits?
Work credits are based on your annual income from a job or through self-employment. You can earn one credit per each quarter of the year and a maximum of four work credits yearly.
The amount of earnings to earn a work credit changes each year. In 2019, you need $1,360 in work or self-employment income to earn one credit. The maximum amount of income you would need to earn your four credits for the year is $5,440.
How Many Work Credits Do You Need to Qualify for SSDI?
The number of work credits needed to qualify for disability benefits depends on the age when you became disabled. If you are 62 years old or older, you need 40 work credits, and 20 of them must have been earned within 10 years of when you became disabled. However, if you are younger than 62 years old, you may qualify with fewer work credits. Here are some examples of what is required:
- Before age 24. You need six work credits earned within a three-year period before the date of your disability to qualify.
- Ages 24 to 31. You must have worked half of the time for the time period between when you turned 21 years old to the date of your disability to have enough work credits.
- Ages 31 through 42. You need 20 work credits.
- Ages 43 through 61. The number of work credits increases as you age. For example, you would need 21 credits at age 43, 28 credits at age 50, and 38 credits at age 60.
How Can You Determine If You Have Enough Work Credits?
You can determine an estimate of your Social Security disability benefit and whether you have enough work credits by reviewing your Social Security Statement. To learn how to do this, watch our video on this topic. Then call our Roswell office to schedule your free consultation with our experienced disability attorneys to learn more about your eligibility for SSDI and how we can assist you in obtaining the benefits you deserve.
What is a cumulative medical exam?
When you apply for Social Security Disability Insurance (SSDI), you may be asked to go to a cumulative medical exam (CME). This is a medical examination that is scheduled by the Social Security Administration (SSA) with a physician that they choose. A CME can include a physical examination, diagnostic tests, and lab work.
Why You May Be Asked to Attend a Cumulative Medical Exam
The SSA frequently requests that SSDI applicants attend a cumulative medical exam and will use it to determine the existence and severity of an individual’s disability. Some of the reasons that the disability examiner may request that you attend a CME include:
- The examiner needs a key piece of medical evidence to make a decision on your application.
- You have not received medical treatment for 60 days or longer.
- The medical evidence that you provided is not sufficient.
What to Do If the SSA Requests a CME
A cumulative medical exam can be a quick procedure, but it can have a big impact on your SSDI application. You should not be charged for the exam. It is important to remember that the doctor performing it does not work for the SSA, but is being paid by them. Here are important tips on how to handle your exam:
- Be polite and respectful during your exam.
- Expect to be asked about your symptoms by the examining doctor. You want to give him short answers and include concrete examples.
- You should be truthful when discussing your illness or medical condition. Do not exaggerate or downplay the symptoms that you are experiencing.
Importance of Attending Your Cumulative Medical Exam
You must attend your CME if the SSA requests that you attend one. If you fail to attend your exam, the disability examiner could determine that you are not being cooperative and deny your application.
Retain an Attorney Immediately If You Receive a Notice of a CME
One of the most important first steps you should take if the SSA notifies you of a CME is to retain an experienced disability attorney. Your attorney can give you advice on how to best handle your exam and ensure that you receive the SSDI that you deserve. Call the Injury & Disability Law Center today to schedule a free consultation to learn how our skilled lawyers can help you with your SSDI claim.
What can I do to stay afloat financially while I wait for my Social Security Disability benefits application to be approved?
It can be very stressful to be too disabled to work and have no income coming in while waiting for your Social Security Disability Insurance (SSDI) application to be approved. It can take at least three months for the Social Security Administration (SSA) to make a decision on your application and months or longer to get your application approved if you must file an appeal. If you are like most people, you may not have the financial resources to pay your basic monthly bills while you are waiting to receive disability benefits.
Places to Go for Financial Help
You may need to seek financial assistance from outside sources while your application is pending. Fortunately, the SSA generally will not consider these funds in deciding whether you qualify for SSDI. Here are possible sources of help that you should explore:
- Public assistance. Depending on your financial situation, you may qualify for public assistance through the New Mexico Human Services Department. One of your first steps should be to apply for any benefits that you may be eligible for.
- Family and friends. It may not be pleasant to ask family and friends to help you out, but they may be a good source of financial assistance. They may be sympathetic to your temporary financial challenges and have the resources to assist you.
- Churches and religious organizations. If you are a member of a church or other religious group, you should contact them to see if they have any resources for members struggling financially. There may be other religious organizations in your community, such as the Salvation Army, that provides people in need with help for basic needs, such as rent or mortgage, utilities, food, and clothes.
- Food bank. Many communities have food banks for residents going through challenging financial times. Going to a food bank for food can help you feed your family and free up some of your money to pay your other monthly expenses.
How to Speed Up the SSDI Application Process
One of the best ways that you can make the SSDI application process go faster is to retain an experienced disability attorney to help you complete your application properly and provide the SSA with the information they need to make a decision. A lawyer can also file a prompt appeal on your behalf if this is necessary. To find out how The Injury & Disability Law Center can assist you, start a live chat to schedule your free consultation.
How is my disability onset date determined?
When you apply for Social Security Disability Insurance (SSDI), you must establish the date that you were unable to work due to a medical condition or disability. This is known as your disability onset date. The date you pick is an important one and can have a significant impact on the amount of back benefits you will receive.
How Your Disability Onset Date May Be Determined
It can be easy to establish your disability onset date if you become disabled due to an accident. However, if your disability has been caused by a medical condition or illness, you may have become disabled over time. Determining your onset date can be complicated in this situation. Here are some of the factors that the Social Security Administration (SSA) will consider when determining this date:
- The date you list on your SSDI application
- The date that you stopped working, or only worked in a limited capacity, and did not earn substantial income
- Your physician’s determination of the date you became disabled
- Your medical records
Why Your Disability Onset Date Is Important
Your disability onset date determines the amount of back disability payments you will receive. When you apply for SSDI, there is a five-month waiting period before you are eligible for benefits. In addition, you are only entitled to a maximum of 12 months in back disability benefits from the date that you apply for benefits.
Here is an example of how your disability onset date will affect the amount of your back benefits if your application was approved by SSA on 12/1/2018 and you claimed your disability onset date was 9/1/2017:
- If the SSA agreed with your onset date of 9/1/2017, you would be entitled to back benefits from 2/1/2018, which is five months after your onset date, to 12/1/2018.
- If the SSA does not agree with your onset date and instead claims your disability began on 2/1/2018, you would only receive back benefits from 7/1/2018, which would be five months after 2/1/2018, until your approval date of 12/1/2018.
Get the Legal Assistance You Need When Applying for SSDI Benefits
Do you have questions about your disability onset date? Was your application for benefits denied? Our experienced Social Security disability attorneys are here to explain your right to SSDI and ensure that you receive all the disability benefits you deserve. To schedule a free consultation, call our Roswell office today.
How can I pay a Social Security disability attorney if I am not working?
If you are unable to work due a medical condition or disability, the process of filing for Social Security Disability Insurance (SSDI) and fighting with the Social Security Administration (SSA) about your right to benefits can be complicated and lengthy. You may know that you need the assistance of an experienced Social Security disability attorney but fear that you will not be able to pay his attorney fees when you have no paycheck anymore. Fortunately, you can afford to retain a lawyer even if you have limited funds.
How Social Security Disability Attorneys Are Paid
Lawyers who represent clients filing for SSDI are paid on a contingency fee basis, which means they do not charge any attorney fees up front. In addition, the SSA has set limits on how much an attorney can charge for his services. Here is how a contingency fee agreement works:
- You only owe attorney fees if you win your case.
- If your claim is denied, you would not be charged any fees by your lawyer.
- Your lawyer will receive a percentage of your disability benefits as his attorney fees. Under SSA rules, an attorney can only receive 25 percent, but no more than $6,000, of your back disability benefits at the time your application is approved.
How Legal Fees Are Paid in SSDI Cases
When you hire your attorney, you will sign a contingency fee agreement. It gives the SSA permission to pay your lawyer for his services when your claim for benefits is approved. Your lawyer would file an application for his fees with the SSA rather than sending you a bill. Once approved, his attorney fees would be paid out of your past-due benefits.
Out-of-Pocket Expenses You May Owe
Your lawyer is permitted to charge you for out-of-pocket expenses as well as attorney fees for his services. These costs can include the fees for obtaining medical records, expert witness fees, and postage. You may owe these expenses whether or not you win your case. It is important to discuss these additional fees with your attorney before you hire him so you understand what they are and how their payment will be handled.
Let Us Help You File Your Claim for SSDI Benefits
Unfortunately, many SSDI applications are denied by the SSA even when the applicant qualifies for benefits. Our experienced Social Security disability attorneys are here to guide you through the process of filing your application and fight for the benefits you deserve. Fill out our convenient online form to schedule a consultation to learn more about how we can assist you.