Benefits For Widows Or Widowers With Disabilities
If something happens to a worker, benefits may be payable to their widow, widower, or surviving divorced spouse with a disability if the following conditions are met:
- The widow, widower, or surviving divorced spouse is between ages 50 and 60.
- The widow, widower, or surviving divorced spouse has a medical condition that meets our definition of disability for adults and the disability started before or within seven years of the worker’s death.
Widows, widowers, and surviving divorced spouses cannot apply online for survivors benefits. If they want to apply for these benefits, they should contact Social Security immediately at 1-800-772-1213 to request an appointment
To speed up the application process, complete an Adult Disability Report and have it available at the time of your appointment.
We use the same definition of disability for widows and widowers as we do for workers.
Division Of Disability Benefits
The Ohio OOD Division of Disability Determination , in agreement with the Social Security Administration , determines medical eligibility for Ohioans who apply for Social Security disability benefits. Benefits include:
- Social Security Disability Insurance pays benefits to an individual and certain family members if the individual is “insured”
- Supplemental Security Income pays benefits based on financial need.
Disability, under the SSA, is based on an individuals inability to work. SSA uses the same definition for both benefit types. Unlike workers’ compensation or veterans benefits, SSA has no partial disability category. DDD is a federally regulated division of OOD. It receives 100 percent of its funding from SSA.
Medical Criteria Needed To Qualify
You will also need to meet the medical requirements to qualify for disability benefits. Both SSI and SSDI have the same medical criteria. You must show you medically disabled to qualify for disability benefits. To be “medically disabled” means that you are unable to do any substantial gainful activity due to your condition. To prove this, you will need to meet a Blue Book listing. The Blue Book is a compilation of all medical conditions that may qualify for benefits.
The Blue Book is divided into different sections, each with different listings that qualify for disability benefits. You will need to show that your conditions meets the SSA definition of disabling for your condition. It explains how each condition may qualify for benefits. You can find what you will need to show that you meet the listing. This includes test results, medical documentation. You can do this with:
- Test results required by your Blue Book listing
- Scans, x-rays, CAT scans, MRI’s
- Treatment plans
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How Does A Person Qualify For Ssi
In addition to meeting the disability criteria , an SSI enrollee must meet several non-medical criteria, including having a low income. SSA has complex rules for determining financial eligibility. In general, income is anything received in cash, earned or unearned, that can be used to meet a persons need for food or shelter.17 Income is countable except for some limited amounts that are disregarded.18 Income also includes in kind support, such as any food or shelter provided or paid by another person. In kind support generally is valued at one-third of the maximum federal benefit amount.19 SSA also deems a portion of income from a persons spouse or parent/step-parent as countable income.20 To financially qualify for SSI, a persons countable income cannot exceed the maximum federal benefit rate , and the amount of SSI that a person actually receives is the maximum federal rate reduced by the amount of their countable income.21 These rules apply to SSI enrollees of all ages.
Figure 4: SSI Disability Determination Process for Adults
Figure 5: Disability and SSI Status of Nonelderly Adults with Medicaid, 2019
Figure 6: SSI Application Allowance Rate for Medical Decisions by Adjudicative Level, 2018
Ssi And Nonmedical Requirements
Your eligibility for SSI does not depend on a work record and the payment of Social Security payroll taxes on earnings as does SSDI. Instead, SSI eligibility is based on need, so it has income and resource limits as nonmedical requirements.
Resources, such as money on hand or in the bank, real estate, and other assets may not exceed $2,000 as an individual or $3,000 for a couple. You should talk to an SSI lawyer at NY Disability about resource limits because Social Security does not count all resources. For example, the value of land and a house built on it would count against the resource limits unless it is used as your principal residence. If it is, then its value does not count unless you sell it without reinvesting the money in another principal residence.
An income limit is another nonmedical qualifying requirement when applying for SSI. Generally, your income in 2021 may not exceed the federal benefit rate of $794 for an individual and $1,191 for a couple. However, you still qualify for benefits even when earning over the income limits because Social Security allows you to exclude some of it.
For example, you may exclude the first $20 of earned or unearned monthly income and $65 of earned income. Other exclusions, including the exclusion of one-half of earned income after deduction of the $65 exclusion, exist that an SSI lawyer can review with you to determine whether you meet the income requirements.
An SSD Lawyer Can Help
Substantial Gainful Activity And Ssdi Eligibility
Another nonmedical Social Security disability requirement that only applies if you work and earn income when applying for benefits or while receiving them has to do with how Social Security determines whether you are disabled. Disabled means that you have a medical condition preventing you from engaging in substantial gainful activity, such as standing, walking, climbing stairs, and other work-related activities.
Your earnings from work serve as an indication of an ability to engage in substantial gainful activity. If you earn over $1,310 a month, it proves your ability to engage in substantial gainful activity, which means you are not disabled.
Social Security Disability Insurance
Social Security Disability Insurance provides benefits to the disabled and, in some cases, their families. Individuals and their family members qualify for SSDI through the earning of Social Security work credits, and will only receive benefits if the disabled person was able to work long enough, and recently enough, to earn these credits.
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How Has The Covid
Working people with disabilities experience disproportionate job loss, compared to workers without disabilities, during economic downturns,39 and SSI applications generally increase when the unemployment rate increases . This trend held during the Great Recession and subsequent economic recovery.40 One exception to the general trend is the period from 2003 to 2007, when SSI applications continued to rise despite falling unemployment.41 Possible explanations for this anomaly include factors such as the lagged effect of federal welfare reform leading TANF enrollees to switch to SSI and persistently high poverty rates.42 The same study also found that the likelihood of applying for SSI significantly increases during extended periods of high unemployment.43
Figure 7: Percent change in SSI Applications Filed by Adults Ages 18-64 and U.S. Unemployment Rates, 1991-2019
Supplemental Security Income Claims
In contrast to SSDI, the Supplemental Security Income program does not require applicants to pay into the system before drawing benefits. Instead, the non-medical requirements are based strictly on need. There is a so-called means test.
The SSI claims reviewer will review the applicants income and financial assets. If they have too much income or their assets are too substantial, then their disability will be denied on the grounds they do not meet the non-medical requirements.
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Social Security Disability Insurance Coverage Information
The Social Security Disability Insurance coverage information is the most important non-medical disability criteria for most Social Security Disability claimants. This includes information regarding where you have been employed, for how long, and how much you have paid in FICA premiums. Social Security Disability Insurance eligibility and the amount of benefits payable are based on how much you have worked the ten years prior to your Social Security Disability claim.
To Schedule A Free Case Evaluation Call The Disability Advantage Group Today
The Disability Advantage Group, is a Social Security law firm, and our team members want to help you get the benefits you deserve by ensuring you make the non-medical disability requirements for SSD and SSI. We offer a free case evaluation where we can answer your questions. To schedule an appointment, call today.
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Benefits For Children With Disabilities
A child under age 18 may have a disability, 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 they are a full-time student in an elementary or high school or have a qualifying disability.
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 have a qualifying disability.
Financial And Legal Requirements For Disability
Generally the first aspect of processing a disability claim has to dowith financial and legal requirements — issues that have nothing to do with a claimant’s medical conditions or medical eligibility.
The main barrier to benefits is that you can’t be making more than a certain amount of money from work and still be eligible for benefits. For more information, see our articles on how much you can work and still get disability benefits.
Social Security will also screen your file to see if you are eligible for one of its programs: SSDI or SSI. SSDI is for workers who have paid into the Social Security retirement system for years. SSI is for low-income people who don’t qualify for SSDI. There are different eligibility requirements for each program.
Bureau Of Medical Disability Information Services
This bureau is responsible for the administrative oversight and management of all Information Technology functions to include the Local Area Network, Wide Area Network, servers, workstations, printers, iSeries, Helpdesk, Legacy System Application, application development, web publishing, systems security, access control, and all other overall system related tasks in the support of the processing of disability cases.
The Disability Determination Process
The Social Security Administration requires each state to process its own disability applications, with some exceptions. West Virginia residents’ disability applications generally will be processed in West Virginia. Each state processes claims independently, and all must follow the same rules and regulations set forth by Congress.
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What Criteria You Need To Meet To Qualify
To qualify for Social Security disability benefits, there are both medical and non medical requirements. There are three main criteria you must meet in order to qualify for SSD benefits:
- You must have a medically determinable disability that substantially limits your inability to maintain gainful employment.
- Your medical condition must either be terminal or be reasonably expected to last at least 12 months.
- You must have sufficient work credits available with the SSA.
For the purposes of the SSD determination, gainful employment is defined as the ability to earn at least $1,350 per month, or $2,260 per month if youre blind.
If the SSA determines youre eligible for benefits based on the medical records contained in your initial application or from the details of your continuing disability review documentation, then you have meet the criteria for the medical part for receiving SSD. The non-medical part of the review process includes the evaluation of your financial records and work history.
Who Receives Ssi
Nearly 8 million people receive SSI benefits as of April 2021 . The majority of SSI enrollees are nonelderly adults. Over one-quarter are seniors, and the remainder are children.
The rate of SSI receipt varies by racial/ethnic group . People who are Black or American Indian/Alaska Native are more than twice as likely to receive SSI compared to White people.
Figure 2: Share of Population Who Are SSI Enrollees by Race/Ethnicity, 2019
Grouped into broad categories, 40 percent of nonelderly adult SSI enrollees had a physical disability as of December 2019 . People age 65 and older are excluded as they can qualify for SSI based on their age rather than disability status. The most prevalent types of physical disabilities were musculoskeletal disorders , followed by neurological disorders , or muscular dystrophy) or loss of vision, speech or hearing and circulatory disorders. One-third of nonelderly adult SSI enrollees qualified based on a mental health disability. The most prevalent types of mental health disabilities were schizophrenic and other psychotic disorders, followed by mood disorders . One-quarter of nonelderly adult SSI enrollees have an intellectual or developmental disability . Within this category, the most prevalent type was intellectual disability, followed by autism.
Figure 3: SSI Enrollees by Age and Diagnostic Group, December 2019
What Are The Non
Social Security Disability Insurance benefits provide financial support to people who become disabled, either by illness or accident. But the government puts every SSD benefit applicant through a multi-stage assessment to determine if the claimant fits all the criteria the law requires.
This post explains what every SSDI claimant needs to prove to the Social Security Administration before the government grants them monthly SSD benefit payments.
To learn more about how the SSD and SSI rules and regulations apply to your case, contact the disability lawyers who specialize in getting every client the highest level of SSD and SSI benefits available.
Applying for SSDI or SSI benefit payments can be a complicated and confusing process for someone with little or no experience. Expert SSD lawyers know how to read and apply all the regulations to achieve the best results for you and your family. The Clauson Law Firm is standing by to help you win all the SSD and SSI benefits you deserve.
Can You Do Any Other Type Of Work
If you cant do the work you did in the past, we look to see if there is other work you could do despite your medical impairment.
We consider your medical conditions, age, education, past work experience, and any transferable skills you may have. If you cant do other work, well decide you qualify for disability benefits. If you can do other work, well decide that you dont have a qualifying disability and your claim will be denied.
Medical Assessment As Needed
Some impairments are so severe that they already meet the requirements of the Listings, and further processing and assessment is not needed. Others require the disability evaluation specialist to assess the limitations of the impairment, vocational experience, age, and education to determine if the person is eligible for disability. The case also may be reviewed by a medical or psychological consultant, who is a licensed doctor contracted by our agency.
If necessary, the disability evaluation specialist then contacts relevant medical sources for documentation of the impairments. It also may be necessary to schedule consultative exams for claimants. These exams help determine what functional limitations may result from an individual’s impairment they are not for providing further medical treatment.
When sufficient medical evidence has been gathered, the disability evaluation specialist will use the “Listing of Impairments” as a guide to determine if the individual qualifies for disability benefits.
Social Security Disability Insurance Claims
The Social Security Disability Insurance program is funded out of the SSAs trust fund. Every employee in the country whether a wage earner or a self-employed professional is required to pay into this trust fund when they earn income. After you pay in the required amount, you will become insured under SSDI.
To obtain SSDI benefits, you must have paid into the system. If you are not insured, then you will not meet the non-medical requirements and your claim will be denied on those grounds.
What Happens If The Dac Gets Married
If the child receives benefits as a DAC, the benefits generally end if they get 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.
Social Security Disability Benefits: An Overview
The Social Security Administration pays disability benefits under two programs:
Social Security Disability Insurance SSDI provides disability benefits to blind or disabled individuals who are insured based on federal insurance contributions paid into the Social Security Trust Fund. Certain family members can also receive benefits based on a worker’s contributions.Supplemental Security Income SSI provides benefits to individuals who are disabled, blind or elderly, with limited income and resources, including children under age 18, who are disabled, blind or elderly.
The medical requirements that determine who is eligible for disability payments are the same under both programs. Under the Social Security system, disability payments are based on inability to work. Individuals are considered “disabled” if they are unable to do any kind of work and their disabilities are expected to last for at least twelve months or result in death.
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