You Have Been Convicted Of A Crime
Certain conditions related to conviction of a crime or imprisonment will prevent you from receiving Social Security disability insurance benefits. They are as follows.
- You are in prison after being convicted of a felony, unless you are in a court-approved rehabilitation program that is likely to result in your getting a job when you get released, and your release is expected to occur within a reasonable amount of time.
- You were injured while committing a felony and were convicted of the crime. The impairmentor the worsening of an existing impairmentthat you suffered during the commission of a felony cannot be used as a basis for applying for disability benefits.
- You were injured while in prison. The impairmentor the worsening of an existing impairmentthat you suffered while you were in prison cannot be used to obtain benefits. But you can generally receive benefits after being released from prison.
However, it’s worthwhile to apply for SSDI benefits even if one of the above situations apply to you, because even if you can’t get cash benefits, you may be granted a period of benefit-free disability that will “freeze” your earnings record, keeping your eventual disability, retirement, or dependents benefits from decreasing.
Note these situations do not prevent you from receiving SSI disability benefits, although being incarcerated does keep you from collecting SSI benefits.
Social Security Disability Evaluation Process
While there are some conditions that the Social Security Administration considers so severe that they automatically render an applicant disabled, many conditions require careful screening, including answering these five questions:
In addition, qualifying conditions must be expected to last at least one year or result in death.
We Are With Those Who Need A Helping Hand
The Supplemental Security Income program is a program that provides income support to people with disabilities, people age 65 or older, or blind, who have low income and resources. U.S. Treasury general funds, not the Social Security trust funds, pay for SSI.
If you or someone you know may be eligible for SSI, visit to learn more and apply.
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Is Your Condition Severe
Your condition must significantly limit your ability to do basic work-related activities, such as lifting, standing, walking, sitting, or remembering for at least 12 months. If it does not, we will find that you are not disabled.
If your condition does interfere with basic work-related activities, we go to Step 3.
Earn Ssa Work Credits In Some Countries
You may not have enough credits from your work in the United States to qualify for retirement benefits. But, you may be able to count your work credits from another country. The SSA has agreements with 24 countries. If you earned credits in one of those countries, they can help you qualify for U.S. benefits.
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A Lifetime Of Security
We are with you from day one when your parents named you, and when you named your children. Most parents apply for their childs Social Security number at birth, usually through the hospital. When the time comes for your childs first job, the number is already in place.
A fun bonus of assigning Social Security numbers at birth is that we know the most popular baby names, which we announce each year. On our website, you can find the top baby names for the last 100 years.
How Many People Currently Receive Social Security Disability Benefits And What Is The Value Of The Benefits They Receive
About 8.8 million workers with disabilities currently receive Disability Insurance. The amount of Disability Insurance benefits that a disabled worker receives is based on his or her earnings before becoming disabled. As Table 1 shows, Disability Insurance benefits typically replace less than half of a disabled workers previous earnings.
As of March 2013, the average monthly benefit for a disabled worker was about $1,129, with male workers receiving $1,255 per month and female workers receiving $993 per month on average. About 1.9 million children of disabled workers and 160,000 spouses of disabled workers also receive supplemental benefits from Social Securityroughly $300 a month on average.
For most beneficiaries of Disability Insurance and Supplemental Security, disability benefits make up most or all of their income. For the vast majority of Disability Insurance beneficiariesabout 71 percenthalf or more of their income comes from Disability Insurance. And for nearly half of beneficiaries, 90 percent or more of their income comes from Disability Insurance. Given the modest extent to which benefits replace lost earnings and the limited sources of other income upon which they can depend, people who receive Disability Insurance are rarely able to maintain the same standard of living they had before becoming disabled. Disability Insurance provides a floor, however, that moderates the decline in their living standards.
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Ptsd And The Ssa Blue Book
The SSA Blue Book includes a list of qualifying medical and mental illness impairments. This listing contains medical criteria that applies to how they evaluate impairments when determining disability benefits.
According to the SSA, the disorder is characterized by experiencing or witnessing a traumatic event and the psychological aftermath of clinically significant effects on functioning. Examples of symptoms and signs of PTSD may include:
- Distressing memories
- Dreams and flashbacks related to the trauma or stressor
- Avoidant behavior
- Diminished interest or participation in significant activities
- Persistent negative emotional states
- Persistent inability to experience positive emotions
- Anxiety or irritability
- Aggression or exaggerated startle response
- Difficulty concentrating
- Sleep disturbance
If your PTSD is severe enough that prevents you from working, you may be entitled to Social Security Disability benefits. Do you need help applying for disability?Contact us today.
Collecting A Deceased Spouses Ssdi Benefits
If you are the spouse of someone who was collecting Social Security Disability Insurance benefits before passing away, you may continue receiving those benefits. The regulations regarding when and how a widow or widower can collect the SSDI benefits of a deceased spouse can be complex and confusing. Because of this, it is a good idea that you speak to an experiencedSocial Security disability attorney who can help you understand and protect your legal rights.
At Lanier Law Group, we can review your situation and determine if you are eligible to continue receiving your deceased spouses SSDI benefits. We havemultiple office locations throughout the state to better serve you.
Contact us online or call 757-4204 for a free consultation about SSDI benefits for widows/widowers in North Carolina.
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After You Apply For Benefits
After you submit your application, Social Security sends your file to your state’s Disability Determination Services office. Next, a claims examiner will request and review your medical records and may call you for an interview or send you additional paperwork. When the claims examiner has enough information, Social Security will make the decision and notify you by mail. This normally takes three to four months, but it could take longer.
If you receive a denial letter and your condition has worsened, or you think your case is strong enough to win an appeal, consider contacting a disability lawyer. Applicants who go to an appeal hearing represented by a lawyer have a better approval rate than applicants who represent themselves.
And Insured Womens Rate Of Ssdi Receipt Has Caught Up With Mens
Not only are todays women nearly as likely as men to be insured for SSDI theyre just as likely to collect it, if insured. Thats a subtle and recent development.
Until the mid-1990s, insured women of any age that is, women who had worked enough to qualify for SSDI in the event of disability were only about three-fourths as likely as insured men to receive SSDI benefits. Now theyre equally likely to do so in fact, in middle age, slightly more so.
The puzzle isnt why women have caught up. Rather, its why they lagged so far behind for so long. Because the comparison is limited to workers with the required years of employment, this change is not directly due to womens rising labor force participation. Researchers who have overwhelmingly focused on what influences mens enrollment in SSDI have not always noticed this trend, which is dubbed womens catch-up, and even fewer have studied it.
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How Common Is It For Beneficiaries To Return To Work
Both Disability Insurance and Supplemental Security provide incentives for beneficiaries to work. Disability Insurance beneficiaries are encouraged to work up to their full capacity and can earn an unlimited amount for up to 12 months without losing any benefits. Beneficiaries who work for more than 12 months and have earnings above the substantial gainful activity level cease to receive a monthly benefit. If at any point in the next five years their condition worsens and they are not able to continue working above the substantial gainful activity level, however, they are eligible for expedited reinstatement of their benefits. This means they do not need to repeat the entire, and typically lengthy, disability-determination process that they initially went through to qualify for benefits.
Supplemental Security beneficiaries who are able to work are encouraged to do so as well. Their benefits are reduced based on their earningsafter the first $85 of earnings each month, which is not counted against the benefitbut by only $1 for every $2 of earnings. Beneficiaries who are able to do some work will therefore always be better off with both earnings and a reduced benefit than just the benefit alone.
Can A Divorced Spouse Receive Social Security Disability Survivors Benefits
Yes, you may still qualify for survivors benefits for your divorced spouse if:
- You were married to your ex-spouse for at least 10 years,
- You are not currently married, and
- You are at least age 62.
The death of a spouse can cause overwhelming emotional and financial strain.
You need someone with legal experience you can trust to help you move your life forward. At Pilzer Klein, we know what it takes to qualify for Social Security Disability survivors benefits.
We pay attention to every detail of securing your benefits, so you can focus on restoring a sense of peace in your life.
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Common Conditions Qualifying For Ssd Benefits
There are several types of accepted conditions that may apply to your situation, including:
- Musculoskeletal conditions. This can include injury to the spine or back.
- Respiratory conditions. Asthma and COPD may qualify for SSD benefits.
- Mental disorders. This is a broad category that may include depression, anxiety, cognitive disabilities or schizophrenia.
- Neurological issues. This may include Parkinsons, cerebral palsy or multiple sclerosis, among other conditions.
- Immune system disorders. HIV, rheumatoid arthritis and lupus are all examples of accepted immune system disorders.
- Cardiovascular function. If you suffer from coronary artery disease or heart failure, you may qualify for benefits.
You Must Prove That You Are Disabled
Your disability may be obvious to you and your loved ones, but the Social Security Administration needs to see thorough documented proof before approving your claim. It is very important to obtain medical treatment and follow your doctors orders. I can help you understand all of the steps you can take to improve your chance of obtaining a successful result and avoid the wait related to an appeal after a denied claim.
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Benefits For A Disabled Child
A child under age 18 may be disabled, but we don’t need to consider the child’s disability when deciding if he or she qualifies for benefits as a dependent. The child’s benefits normally stop at age 18 unless he or she is a full-time student in an elementary or high school or is disabled.
Children who were receiving benefits as a minor child on a parents Social Security record may be eligible to continue receiving benefits on that parents record upon reaching age 18 if they are disabled.
If You’re Not Sure Why You Received A Payment
If you receive a check or direct deposit payment from the Treasury Department and do not know what its for, contact the regional financial center that issued it.
If you received a check, look for the RFCs city and state at the top center. Then contact that RFC to find out which federal agency authorized the payment. It will be one of these:
If you received payment byelectronic funds transfer , or direct deposit, follow the directions under Find Information About a Payment.
Use the Treasury Check Verification System to verify that the check is legitimate and issued by the government.
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On Average Women Get Lower Ssdi Benefits Than Men
Although women now essentially match men in terms of SSDI enrollment, they lag behind in average benefit. In December 2017, the average woman disabled worker received a monthly benefit of $1,069 nearly 20 percent smaller than mens average amount, $1,320. The gender gap has shrunk in the 1980s and early 1990s it was closer to 30 percent but not disappeared, nor will it. Nearly 14 percent of men, but only 5 percent of women, received $2,000 a month or more.
Theres no mystery why womens average benefit is lower than mens. Women receiving SSDI benefits have spent a smaller fraction of their adult life in paid work than men, at lower pay. While three-quarters of men receiving SSDI in 2013 worked in at least 90 percent of the potential years between age 21 and the onset of disability, only slightly more than half of female beneficiaries did. Their past earnings also differed at the median, about $43,000 for men versus $31,000 for women in their top five years. Social Security benefits are calculated by updating workers past earnings to todays equivalents, dropping a limited number of the lowest years, averaging the rest, and applying a progressive formula to the result. Thus, low earnings and time outside the labor force both of which are more common among women hurt a workers eventual benefit.
What Happens If The Adult Child Gets Married
If he or she receives benefits as a disabled “adult child,” the benefits generally end if he or she gets married. However, some marriages are considered protected.
The rules vary depending on the situation. Contact a Social Security representative at 1-800-772-1213 to find out if the benefits can continue.
To speed up the application process, complete an Adult Disability Report and have it available at the time of your appointment.
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You Or Your Family Members May Be Eligible For Increased Benefits
Our mission is to deliver Social Security services that meet the changing needs of the public.
It’s not unusual for a benefit recipient’s circumstances to change after they apply or became eligible for benefits. If you, or a family member, receive Social Security or Supplemental Security Income , certain life changes may affect eligibility for an increase in your federal benefits. For example, if your spouse or ex-spouse dies, you may become eligible for a higher Social Security benefit.
To find out if you, or a family member, might be eligible for a benefit based on another persons work, or a higher benefit based on your own work, see the information about benefits on the Social Security website. You can also use the Benefit Eligibility Screening Tool to find out if you could get benefits that Social Security administers. Based on your answers to questions, this tool will list benefits for which you might be eligible and tell you more information about how to qualify and apply.
The questions and answers below are about a few of the life changes that could possibly increase your benefits.