Monday, May 16, 2022

Can You Get Social Security And Disability At Same Time

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What Qualifies You For Ssa Benefits

SSDI and SSI at the Same Time: is it Possible?

Well, generally, SSA is known for its two major program benefits for their workers, the Retirement Benefits and the Disability benefits. Hence, you must know how the system works and the qualifications that you must need to meet, in order to enjoy the benefits of the program.

Therefore, lets start with your retirement benefits and its qualifications.

Income And Work Requirements

There are also different requirements for each. For VA disability benefits, you must demonstrate:

  • A current diagnosis of a qualifying condition and
  • An in-service event, injury, or illness and
  • A nexus between that diagnosis and the in-service event.

To receive SSDI, you must show:

  • You have a medical condition that the SSA finds potentially disabling and
  • An inability to engage in substantially gainful employment and
  • You have a sufficient work history and have paid a minimum amount into Social Security via your payroll taxes.

To receive SSI, you must show:

  • You are disabled, blind, a child under 18, or an adult over 65, and
  • You have limited income and assets.

Working Part Time After You’re Approved For Benefits

After you start receiving benefits, the rules change a bit as to whether you can work part time. For Social Security disability insurance , technically the SGA limit still applies, but you have what’s called a “trial work period.” This is a period of nine months during which you can more than the SGA limit. For more information, see our article on the trial work period.

If you’re receiving SSI, the $1,310 SGA limit applies only during your first month of benefits. After that, the SSI income limit applies instead. Because of the way earned income is counted , there is no set SSI income limit for those who work part-time. But the more you earn, the lower your SSI payment will be. And when you start making upwards of $1,600, your SSI payment will be reduced to zero. To understand how this works, see our article on the SSI income limit.

Read Also: How Do You Make An Appointment For Social Security

Benefit Amount And Colas

Social Security applies a complex formula to your lifetime earnings to arrive at your benefit amount. Whether it’s for disability or retirement, the benefit is the same. If you draw disability at age 62, you have the option to start taking early retirement however, the retirement benefit will still be reduced. If you start early retirement and then become disabled, Social Security will make up the difference between the reduced and full benefit amount.

In some years, both disability and retirement recipients are given cost of living adjustments, or COLAs, to help their benefits keep pace with inflation.

Qualifying For Retirement Benefits

Can You Collect Social Security Disability and Workers ...

To qualify for retirement, you must have at least 40 work credits by the time you get to full retirement age. You earn a work credit by making a certain amount of money, $1,320 for 2018, from a job or from self-employment, and paying Social Security taxes on that income.

Social Security sets your full retirement age, which varies from 65 to 67 according to the year of your birth. The later you were born, the later your full retirement age. You can take early retirement as soon as age 62, but if you do your benefit is reduced.

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When Will My Regular Monthly Benefits Begin

Usually regular monthly benefits begin the month after you receive your check for past-due benefits, although occasionally people get a check for regular monthly benefits first. Your check will be sent out to arrive on the second, third or fourth Wednesday of the month, depending on what day of the month you were born. The check will pay benefits for the previous month. Thus, for example, the check for Januarys benefits will come in February.

Disabled Before Early Retirement Benefits Start

If you drew less than a full monthly retirement benefit for some period of time, and then were approved for disability benefits, Social Security can make up the difference between the early retirement amount and the full disability amount for those months you were disabled but receiving early retirement benefits retroactively.

For example, say you quit work due to health problems, started to collect early retirement benefits for a time, and then applied for and got approved for disability benefits. If your disability started before you began collecting early retirement, Social Security would pay you the difference between your disability payment and your early retirement payment for the months that you received early retirement payments.

In addition, when you reach full retirement age, you would get your full retirement benefit, as if you had never opted to collect early retirement payments.

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Contact The Attorneys At Ryan Bisher Ryan & Simons For A Free Consultation

If all this seems confusing, be aware that Social Security disability law is complex and fraught with inconsistencies. Rarely are two cases alike.

Dont go it alone. Draw on the knowledge and one-on-one personal attention of law firm partner Philip Ryan. He has successfully handled SSDI and SSI claims for almost 30 years, including more than 3,000 SSDI hearings. Relax knowing he wont back down.

Will Medicare Offset Workers Compensation Medical Benefits

You CAN Get Other Benefits at the Same Time as Social Security Disability!

The Medicare Secondary Payment Act provides that Medicare is the second payer on any medical expenses where an insured has other coverage liable for the expenses. If the medical expense is directly caused by the work injury, its the employers workers comp insurer that is responsible to pay the expense.

Things might get a little more complex if medical benefits are included in a workers compensation settlement, which may end the workers rights to future workers comp benefits. Medicare may request these funds designed for medical expenses be set aside so the worker can use them instead of relying on Medicare to pay medical expenses.

The American Bar Association has advocated for Congress to pass legislation that addresses the uncertainty that can accompany these cases to return an appropriate level of certainty, predictability, and efficiency to the Medicare set aside process.

Injured workers can learn more about how the intersection of workers compensation, Social Security disability, and Medicare rules and regulations affects their case by talking with an attorney. Markhoff & Mittman can navigate you through difficult areas of workers compensation as well as Social Security disability.

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Does Ssi Affect Short Term Disability

Generally, SSI would not affect short term disability. From a practical standpoint, you would receive short term disability benefits well before receiving SSI benefits. Additionally, these programs are intended for different purposes. Short term disability benefits are intended to cover 13 weeks of missed employment. SSI is a long term disability program which requires you to be disabled for a year or more.

When Disability Benefits Will Stop

There are three separate occasions when Social Security disability benefits stop. The benefits will stop:

When you are no longer disabled. If your condition changes such that your disability is no longer considered to be severe or debilitating enough to preclude you from working, your benefits will end. For instance, if you qualified for disability for cancer but you have completely recovered, expect your benefits to stop.

When you reach retirement age. When you reach the age of 65, your Social Security disability benefits stop and you automatically begin receiving Social Security retirement benefits instead. The specific amount of money you receive each month generally remains the same.

When you being to earn too much money. There are limits on the amount of income you can earn when receiving SSDI payments or SSI .

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Understanding Ssdi And Long

Social Security Disability Insurance, or SSDI, is a program offered through the Social Security Administration . It is available to individuals who cannot work for 12 months or longer due to a disability. In addition to qualifying under the SSAs definition of disability, applicants must have worked a certain amount of time and earned work credits to qualify for SSDI.

The amount of SSDI that you receive is based on your average lifetime earnings before you became disabled. It is not based on the severity of your disability. When you qualify for Social Security disability, you may receive a lump sum payment to cover the back benefits from your disability onset date.

By contrast, long-term disability benefits are paid by a private insurance company. An individual may have LTD insurance through their employer, or by purchasing their own policy. A person who cannot work due to a disability can make an LTD disability claim after a waiting period, which is usually approximately 6 months after the disability began.

LTD benefits are calculated based on a percentage of your monthly salary. Typically, your benefits will be 50 to 60% of your salary. These benefits may last for a set amount of time, until your disability has resolved, or through retirement age.

Does A Spouse Get Survivor Benefits

Can You Collect Social Security Retirement and Disability ...

Your spouse, children, and parents could be eligible for benefits based on your earnings. You may receive survivors benefits when a family member dies. You and your family could be eligible for benefits based on the earnings of a worker who died. The deceased person must have worked long enough to qualify for benefits.

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When Does Social Security Pay More Than Disability

The reverse of the above situation is if you are between your FRA and age 70. After you reach your FRA, your Social Security benefit amount increases by 0.8% for every month you hold off on electing. This continues until you reach 70, at which point your benefit reaches its maximum. In this situation, your monthly Social Security benefit would be larger than your monthly Disability benefit.

What Ssdi Covers And How It Works

All disability insurance policies whether government-sponsored, like SSDI, or individual coverage from an insurance company like Guardian share certain features. A good way to understand disability insurance is by evaluating SSDIs features and comparing the information to other options. The five basic features to look at include:

  • Premium: The monthly or annual amount you pay for the policy.
  • Waiting period: Also called an elimination period, its the amount of time after you are disabled until you can start receiving benefits.
  • Definition of total disability: Every disability policy has a specific definition of what it takes to qualify for total disability benefits. Generally speaking, there are two types of definitions:
  • An own-occupation definition means you qualify for benefits if a disability prevents you from working in your specialty or field.
  • An any-occupation definition means you only qualify for disability benefits if you cant do any work at all.
  • Benefit: The amount of money you get each month while you are too sick or hurt to work.
  • Benefit period: The length of time you can receive benefits.
  • SSDI is a government-sponsored disability insurance program that is included in your Social Security benefits, so the premiums are paid for by a portion of your Social Security taxes. The current tax rate for social security is 6.2% for the employer and 6.2% for the employee, or 12.4% total. If you are self-employed, you pay the entire 12.4%.

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    Qualify For Ssdi And Ssi At The Same Time

    Yes, you can receive Social Security Disability Insurance and Supplemental Security Income benefits both at the same time. When you file for disability benefits the same application is used for SSDI and SSI. The Social Security Administration will determine if your disability benefits will be drawn from SSDI or SSI.

    What Do You Need To Apply For Ssdi

    Can I Work and get Social Security Disability at the Same Time? NY Attorney Troy Rosasco Explains

    To apply, you will need to gather your medical records and evidence of your migraines. You may need your patient ID numbers, a migraine diagnosis, a treatment plan and other information detailing how your migraines are disabling. You should have documentation from a specialist, such as a neurologist, and be able to explain the symptoms of your migraine attacks.

    On top of all this, you will need to list your work history. That way, the Social Security Administration can see how often youre able to work .

    Your work history matters, because you need to show that you have enough credits to qualify for Social Security Disability. If you do, then you will need to fill out an application and make sure your evidence is copied, so that the SSA has all of the information it needs to make a determination on your claim.

    Dont be surprised if your initial claim is denied. You have the option of appealing a denial so that you can fight for the benefits you deserve.

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    When Should You Apply And What Are The Requirements

    Once you have become disabled, you should apply for disability benefits immediately since the processing of the application will usually take three to five months. You may apply online by visiting this site.

    Make sure to prepare the following information:

    Personal information:

    • Your birth registration or a baptismal certificate will do
    • Your social security number or any identification number such as drivers license

    Employment information:

    • A copy of your latest W-2 Form

    If you are self-employed:

    Can You Collect Social Security And Disability

    Wondering whether you can collect Social Security and Social Security Disability Insurance at the same time? The short answer is probably not. The long answer, however, is maybe. Social Security and SSDI serve similar purposes, but the requirements vary for each. Social Security is for those whove reached early or full retirement age, while disability insurance typically serves younger individuals who cannot work due to serious medical conditions. However, an exception may apply. We take a closer look in this guide.

    A financial advisor can provide professional insight into the world of retirement planning. Find a financial advisortoday.

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    How Can I Discuss My Situation With A Disability Lawyer

    If your spouse already receives disability benefits and you believe you may also qualify, the legal team from Berger and Green can help. We can explain how your approval could affect your familys current benefits and look over your application before you file your claim. If the SSA denied your benefits, we can look into why and fight for the monthly payments and back benefits you deserve. Call us at for a free consultation.

    For A Free Case Evaluation Call 865

    Can You Get Workers Compensation and Social Security ...

    If you have questions about Social Security disability or need help putting together a strong claim for benefits, our attorneys can help. We are the Disability Advantage Group, and we help disabled workers recover the benefits they deserve. For a free case evaluation with a member of our team, call .

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    Disabled Folks Over 65 Can Collect Social Security Disability Benefits Rather Than Retirement

    By Lorraine Netter, Contributing Author

    Some individuals who are over the age of 65 may not have the desire or financial ability to retire, but become disabled and are unable to continue working. Individuals who dont wish to start collecting Social Security retirement benefits may be eligible to receive Social Security Disability benefits if they can prove a disability keeps them from working. See our article on collecting disability and retirement for why collecting disability can be better than starting to collect retirement.

    Social Security adds a few distinctions to the rules for those who are over 65 when applying for benefits. In general, these rules help those over 65 in the evaluation process.

    The rules that apply to those over 65 can be divided by the method of qualifying for disability benefits. Individuals over 65 can qualify for benefits in two ways.

    • Meeting or equaling a listing. Social Securitys Blue Book lists impairments that will automatically be considered disabling for those who meet all of the requirements in the listing. Listings can be equaled if you have an impairment that is very similar to, but not exactly the same as, a listing in the Blue Book.
    • Medical-vocational allowances. Social Security will look at your limitations, age, education level and work history in deciding whether you can do other work. If not, you can be approved through a medical-vocational allowance.

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    Sleep Apnea Secondary To Asthma

    By law, service connection may be established on a secondary basis for a disability which is proximately due to or the result of service-connected disease or injury. See 38 CFR § 3.310.

    Establishing service connection on a secondary basis requires evidence sufficient to show Medical diagnosis of Obstructive Sleep Apnea that the Sleep Apnea was either proximately caused by or proximately aggravated by a service-connected disability. Allen v. Brown, 7 Vet. App. 439, 448 .

    When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant. 38 USCA § 5107 38 CFR § 3.102 see also Gilbert v. Derwinski, 1 Vet. App. 49, 53 .

    To service connect Sleep Apnea secondary to Asthma, youll need to get an Independent Medical Opinion Medical Nexus Letter to support the connection between Sleep Apnea and Asthma.

    Recent medical research discusses the bidirectional relationship between sleep apnea and asthma and several studies support the finding of asthma worsening sleep apnea and vice versa.

    There are direct mechanical effects of asthma worsening sleep apnea beyond its natural progression.

    Heres a recent BVA case decision where a veteran got service connected for obstructive sleep apnea secondary to asthma.

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