What Is 551 What Is Ssdi
Social Security has two programs that pay disabled people. One is SSI the other is regular Social Security, or SSDI. There is a lot of confusion about these two programs in the mind of the public. The difference is simple.
The SSDI or regular disability program pays a claimant based on the money paid into Social Security during a lifetime. The amount is determined by how much has been paid in, divided by years of life expectancy. Payments may also be sent to a spouse and children. Eligibility includes Medicare two years after entitlement date.
The SSI program is an entitlement program, paid to people who had no work record during the past five years. There is an asset limitation and a household income limitation for eligibility as well. There is immediate state Medicaid coverage with this program.
What Happens Next After Completing The Trial Work Period
Its important to note that the nine months that make up your trial work period dont need to be consecutive. Once the nine months are finished, should you decide to return to work, youll usually be able to receive SSDI benefits any time your earnings fall below that SGA average. However, this only lasts for three years. This three-year period is referred to as the extended period of eligibility. Your SSDI benefits should only stop after your trial work period if your income is considered substantial by the Social Security Administration.
However, you may still have the option to have your benefits reinstated. For five years after the trial period, you should not be required to file a new application if you need to stop working again and go back on disability. Additionally, if you are working and there are added expenses due to your disability that any other person wouldnt have, these could also be calculated into the benefits you receive each month.
Do You Have Enough Work Credits For Ssd Benefits
You need to be sure that your application accurately shows that you have worked long enough to qualify for SSD benefits.
Your eligibility for benefits depends partly on the number of work credits you have earned. The most work credits you can earn in a single year are four.
Your application must show that you pass two different types of earnings tests: Recent work test and duration of work test. The number of work credits you need to pass these tests will depend on how old you were when you became disabled.
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Reasons Why You Need A Social Security Disability Lawyer
Due to the importance of getting approved for disability benefits when you are unable to work, there are multiple reasons why you need a social security disability lawyer.
The Social Security Administration offers SSI and SSDI benefits. Supplemental Security Income is intended for people with limited resources and low incomes. It is considered a needs-based program. Social Security Disability Insurance is different. This type of benefit is for individuals who have a history of working and paying into the system. Some people will only qualify for either SSI or SSDI. Others may qualify for both.
There are strict guidelines and deadlines throughout the process of filing a claim for social security disability. Many applications for social security disability benefits are denied due to mistakes. If critical information is missing, forms are not filled out correctly, or deadlines are missed, this can delay or jeopardize your receipt of benefits. A lawyer can be the key factor in you not losing any money that you are entitled to.
Other Ways You Can Apply
Apply With Your Local Office
You can do most of your business with Social Security online. If you cannot use these online services, your local Social Security office can help you apply. You can find the phone number for your local office by using our Office Locator and looking under Social Security Office Information. The toll-free Office number is your local office.
Apply By Phone
If You Do Not Live in the U.S. Or One of Its Territories
Contact the if you live outside the U.S. or a U.S. territory and wish to apply for retirement benefits.
Mailing Your Documents
If you mail any documents to us, you must include the Social Security number so that we can match them with the correct application. Do not write anything on the original documents. Please write the Social Security number on a separate sheet of paper and include it in the mailing envelope along with the documents.
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How Do You File A Social Security Disability Claim In Maryland
Filing for Social Security Disability is an involved process. Before you file, you must go through a five-step evaluation process to determine if you can even receive benefits. This process includes evaluating your medical condition and the type and amount of work you can perform while experiencing your condition. From there, you must meticulously fill out all the paperwork that the Social Security Administration requires. Once you have filled out your paperwork and sent it in, you must wait for what seems like a long time for a response. Even after all of that, you may still receive a denial letter in the mail, as the SSA denies approximately one million claims each year. We will take on your case from the beginning, before you have even applied for SSD. We will prepare and file the application for you, and represent you at every step of the process, through every level of the evaluation and any appeal.
Social Security Disability Appeals
As knowledgeable SSDI lawyers, we understand the several step process involved in SSD appeals. We can step in to assist you regardless of where you are in the process:
Our SSDI attorneys understand how complex this process must sound. Do not get lost in what ifs right now. Instead, schedule a free consultation to ask your questions and get a personalized plan of action.
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Appealing Your Social Security Disability Denial With The Attorneys At Silver & Silver
If your initial claim has been denied, dont give up. We know how frustrating it can be when you cannot work and your claim for disability has been denied. The appeal process can be long and time-consuming, but with the help of our Social Security lawyers, success can eventually be achieved. However, you only have a limited amount of time after you receive an initial denial to file an appeal. That is why it is so important to call one of our experienced Social Security attorneys right away if your claim has been denied.
Just because you were denied at first, this does not mean your case is over. At Silver & Silver, we understand the process, and you can trust our Social Security attorneys to:
- File your appeal
- Request relevant medical records
- Request a hearing before a Social Security Administrative Law Judge
If the judge denies your case, we can appeal your case to the Appeals Council. Finally, if the Appeals Council denies your case, we can then file a Federal appeal. You can rest assured that the Social Security attorneys at Silver & Silver will be with you every step of the way.
We Recommend You Apply For Ssd Benefits Through Your Attorney
Of course, we recommend filing for benefits with the help of your lawyer. Even though the SSA denies 70% of all claims, we still win most of our cases. We win SSD & SSI cases because we know the law. Also, we know what medical evidence the SSA needs to grant your benefits. Additionally, our lawyers and staff work with you to build your case. Consider us part of your team. You need a legal team on your side.
In the past 30 years, our Salt Lake City-based Social Security Disability attorneys have won benefits for over 20,000 clients. We have also won over $100 million in SSDI and SSI benefits for our clients.
When you hire an attorney, you want one you can trust. You can trust Cannon Disability Law. With our team approach and our years of experience, you can trust us to fight for your benefits. Give us a call and put our experience to work for you. You can also contact Cannon Disability Law online.
The Time It Takes The Ssa To Process Your Disability Claim
Months or even years could pass from when you apply for disability benefits to when you have a hearing with an ALJ and receive a decision. Indeed, the process usually takes from one to two years for many of my clients. And this time is in addition to any delay between your health worsening and applying for SSDI or SSI.
Here is why:
The SSA denies more initial claims and applications than it approves, which means there is a high likelihood you will need to go through several levels of appeals before you get approved.
And you may have to wait months for a decision at each level.
The time you wait, which depends on what stage the SSA allows your claim, affects the back pay amount.
Did You Refuse To Cooperate With Ssas Requests In Your Case
Many people fail to submit their medical records to the SSA. This is a mistake. The burden of proof is on you to show you cannot work due a mental or physical condition. If you do not submit your medical records to the SSA, then you will not receive benefits. Likewise, if you fail to attend the consultative examination, then your case will be denied. These exams are free to you. Additionally, they provide valuable information about you to the SSA. If you miss the appointment or refuse to go to the exam, your case will be denied.
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How Much Does It Cost
Most disability lawyers and advocates work on a contingency basis, meaning they only get paid if your claim is approved. Any fee agreement between you and your representative must be authorized by Social Security.
If your claim is successful, Social Security pays your representative directly out of your back pay past-due benefits the SSA can award if it determines after the fact that you were medically qualified to receive benefits while still awaiting a ruling on your case. In a typical fee agreement, the representative’s payment is capped by federal law at 25 percent of back pay or $6,000, whichever is less.
In certain circumstances, your representative may file a fee petition with Social Security requesting more than the $6,000 cap for example, if your claim involved multiple appeals that required a lot of additional work, or if you switched attorneys midstream and both are seeking payment. Social Security must approve any additional fee.
You’ll find more information in the Social Security publication “Your Right to Representation.”
Keep in mind
- Your lawyer or advocate is allowed to bill you for out-of-pocket expenses, such as the cost of having a medical report prepared, without Social Security’s approval.
- If your claim is ultimately denied and there is no back pay, your representative can use the fee-petition process to request payment, but they cannot collect if they signed a contingency-fee agreement upon taking the case.
Can You Do Any Other Type Of Work
If you are now on this step, it has been decided that you cannot do work you have performed in the past. Now, the Administration will look at your medical condition, age, education, past work experience and any skills you may have. If the Administration decides that you cannot do any other type of work, you will be awarded disability benefits.//www.lawyernc.com/contact-us/
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Free Social Security Disability Consultation
Keller & Keller never charges a consultation fee for a New Mexico resident seeking disability benefits. In fact, if were able to accept your case, you wont ever owe us anything until youre approved for your benefits and/or any back pay you are owed.
If you have questions and want to speak to one of our disability staff members, contact us today. You can use our free contact form or call us directly at 1-800-253-5537 to speak with someone right away.
Dont give up on the benefits you deserve. Call us today for your free consultation.
Request Free Consultation
Qualifying For Social Security Disability
If you are suffering from a disability and you cant do the work you did before, cant adjust to other work because of your medical conditions, and your disability has lasted or is expected to last for at least one year or result in death, you may be eligible for SSD benefits.
There are several conditions that may qualify you for SSD benefits, such as:
- Blindness or deafness
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Social Security Disability An Overview
If you are considering applying for Social Security Disability benefits, or if you are in the midst of appealing a denial of benefits, it is important to understand the Social Security Administrations approval process. In addition to meeting the definition of disabled and fulfilling the earnings requirements that the Social Security Administration dictates, you must present a convincing and organized claim. An experienced SSDI lawyer from Jan Dils, Attorneys at Law, can offer insight and guidance in your pursuit of benefits.
How Can I File For Social Security Disability Benefits
he Social Security program exists to give financial aid to US residents who need extra support. Many people rely on Social Security retirement payments after they quit working. Disabled people who are forced to leave their jobs for more than a year can use Social Security benefits to maintain their financial stability. Social Security runs very much like an insurance companyif you pay into the system long enough, you can rely on benefits when you need them most. Individuals can qualify for SSDI if they have paid into the system for a long enough time period, usually through their work. Others who struggle with poverty could qualify for SSI if they are disabled, even if they havent contributed enough to Social Security to be eligible for SSD benefits.
Attorney Fee Cap Changes For Decisions Issued After November 30 2022
So, the fees attorneys can charge under a fee agreement remain at 25% of past due benefits with a cap of $6,000 for cases decided prior to November 30, 2022 and 25% with a cap of $7,200 for cases decided after November 30, 2022.
You may wonder why SSA announced the increase in June but delayed the effective date to November. They did this to avoid making attorneys fees subject to the cost of living increase that beneficiaries will get in 2022 due to the recent spike in inflation. How thoughtful!
You know that winning disability benefits will be a fight against a system that is designed to make the disability process confusing, time consuming and arbitrary. Attorneys who do this type of work well are motivated less by money and more by the goal of helping deserving claimants win the benefits they need to survive. I hope you now know that the struggle is systemic in nature and it pervades the entire disability system.
Ssi For Limited Income
Eligibility mostly depends on a persons income. If your income is too high, your benefits could get reduced, or your claim for SSI benefits could get denied. The Social Security Administration determines your total income from different sources, such as:
- Earned income: Wages, net earnings from being self-employed, and sheltered workshop payments.
- Unearned income: Income you didnt earn, such as pensions, unemployment benefits, interest income, Social Security benefits, state disability payments, and cash your friends or family gifted to you.
- In-kind income: Shelter or food given to you for free or less than the fair market value.
- Deemed income: The income of your live-in spouse, live-in parent, or a sponsor .
Factors that dont count as income include:
- Income tax refunds
- The first $20 of your monthly income
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The Basics About Disability Benefits
The SSDI program pays benefits to you and certain if you are insured. This means that you worked long enough and recently enough – and paid Social Security taxes on your earnings. The SSI program pays benefits to adults and children who meet our requirements for a qualifying disability and have limited income and resources.
While these two programs are different, the medical requirements are the same. If you meet the nonmedical requirements, monthly benefits are paid if you have a medical condition expected to last at least one year or result in death.
How Much Does A Disability Lawyer Cost
Most disability lawyers work on a contingency fee basis. They do not receive a legal fee unless they secure benefits on your behalf. As a result, you wont owe any upfront attorney fees.
Typically, your attorney will draft a fee agreement to submit to SSA for approval. Once approved, both you and your attorney will sign the agreement. If your lawyer secures benefits on your behalf, they will take a share of the total reward. According to SSA regulations, the amount cannot exceed $6,000 or one-quarter of your backpay, whichever amount is smaller.
However, in addition to legal fees, there may be other expenses associated with your case that you need to cover, such as costs of obtaining medical records and other case expenses. Many attorneys permit their disabled clients to pay these additional fees as part of their overall fee agreement at the end of their case.
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