Tuesday, August 16, 2022

What Can You Own On Social Security Disability

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Can You Own Property While On Disability

If You Receive Social Security Disability, Can Your Spouse Get Benefits?

So, you can file for SSDI whether you own a single home or multiple houses or vacation homes or rental properties . SSDI is also not concerned with other types of assets such as multiple vehicles or investment accounts, and so on. In short, assets do not affect eligibility for Social Security disability insurance.

Appealing Denied Social Security Disability Application

Its common for applicants to be denied. In fact, only about 1 in 3 applicants are initially approved for SSDI benefits. The two main reasons for denial are usually a lack of work credits, or that applicants do not meet the criteria for disability.

If you have been turned down, you do have the right to go through a Social Security Disability appeal process. Either you or your designated representative can file a Request for Reconsideration. Your initial appeal will then be turned over to Disability Determination Services, who will thoroughly review your file.

If you are denied again, you can proceed to the next level of appeal which is to appear in front of an Administrative Law Judge. An Administrative Law Judge will conduct a hearing in which all of your medical records and testimony will be heard before the judge renders a decision in the form of a written notice.

If you are still denied benefits, then you have a final appeal step you can take: filing a lawsuit in U.S. district court. You will need an attorney for this step if you havent already retained one. This can be an expensive and time consuming option, and as a result, less than 1% of disability claimants take their cases to this level.

What We Mean By Disability

The definition of disability under Social Security is different than other programs. Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability.

We consider you disabled under Social Security rules if all of the following are true:

  • You cannot do work that you did before because of your medical condition.
  • You cannot adjust to other work because of your medical condition.
  • Your disability has lasted or is expected to last for at least one year or to result in death.

This is a strict definition of disability. Social Security program rules assume that working families have access to other resources to provide support during periods of short-term disabilities, including workers’ compensation, insurance, savings, and investments.

Also Check: How Is Social Security Paid Out

Example : What You Can Own Under Ssdi

For example, Sam worked for many years as a cook. He stopped working due to a back injury. He is married and his wife still works. Sam has a retirement account. He also owns and rents another property. Sam earned enough work credits to qualify to apply for SSDI. Therefore, his wifes income, retirement account and rental property wont interfere with his ability to file for SSDI.

The Exception To The Rule

Can I apply for disability benefits if my spouse is working?

You may be able to get both benefits if you opted for early retirement before you received disability benefits. These are also known an concurrent benefits. This exception would be applicable in a situation where an individual retired early due to serious medical conditions. If that individual can prove that they developed the disability prior to receiving early retirement income, theyll be able to earn both benefits.

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Medical Qualifying With A Mental Illness

The SSA conducts a detailed review of your medical records to determine your eligibility for benefits. During this review, they try to match your records to a disability listing in the Blue Book. The Blue Book is the SSAs medical guide that is used to evaluate every disability application.

Disability listings outline the severity level requirements and the specific medical evidence needed to support a claim for benefits. Mental illnesses appear in Section 12.00 and include:

  • 12.06, Anxiety-related Disorders you may qualify under this listing if you have a severe phobia, post-traumatic stress, a panic disorder, or another anxiety-related condition.
  • 12.08, Personality Disorders this is the listing under which you may qualify if you have severe, clinical depression.
  • 12.04, Affective Disorders if you have bipolar disorder, your application will be reviewed under this listing.

Extensive medical records are necessary to qualify, including:

  • Information on your diagnosis, ideally from a psychiatrist or psychologist
  • Brain scans or other evidence of physical abnormalities that document an organic cause for symptoms, if applicable
  • Treatment records, documenting medications, therapy, and other management methods used and their effects
  • Thoroughly documented episodes of increased symptoms or periods of decompensation
  • Well documented affects of your symptoms on your everyday abilities or activities of daily living

Is Your Condition Found In The List Of Disabling Conditions

For each of the major body systems, we maintain a list of medical conditions that we consider severe enough that it prevents a person from doing substantial gainful activity. If your condition is not on the list, we have to decide if it is as severe as a medical condition that is on the list. If it is, we will find that you are disabled. If it is not, we then go to Step 4.

We have two initiatives designed to expedite our processing of new disability claims:

  • Compassionate Allowances: Certain cases that usually qualify for disability can be allowed as soon as the diagnosis is confirmed. Examples include acute leukemia, Lou Gehrigs disease , and pancreatic cancer.
  • Quick Disability Determinations: We use sophisticated computer screening to identify cases with a high probability of allowance.

For more information about our disability claims process, visit our Benefits For People With Disabilities website.

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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 are disabled. If you can do other work, well decide that you dont have a qualifying disability and your claim will be denied.

Social Security Disability Insurance

Can you work if you are receiving Social Security Disability benefits?

To be eligible for Social Security Disability Insurance , you must not only be disabled, but you must also have built up sufficient “work credits” with Social Security. Exactly how many credits you will need depends on your age and the year you became disabled. You must have worked some part of five of the last ten years before you became disabled.

If your application is approved, your Social Security disability benefits will include cash payments in an amount determined based on your personal earnings record. Average payments range from $1,100 to $1,300 a month. Higher earners who paid higher FICA taxes will get a larger benefit.

After collecting disability benefits for 24 months, you will become eligible for Medicare, regardless of your age. In the meantime, if your income is low, you may qualify for Medicaid.

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Who Qualifies For Ssdi

  • People who have worked for a number of years and had enough money taken out of their paychecks for Social Security
  • Self-employed people who paid self-employment taxes
  • You must meet Social Securitys very strict definition of disability to qualify for SSDI.
  • Having a low income or financial needs do not affect whether you can get SSDI.

If you get turned down for SSDI, reapply, and appeal if necessary. Many cases end up being approved after an appeal. The amount you get from SSDI will be based on how long you worked, and how much Social Security tax was taken from your pay. Once you apply for SSDI, the disability clock starts running.

If your disability application is approved, you will usually receive your first benefit payment six months after the date the Social Security Administration finds that your disability began. You will also become eligible for Medicare after you’ve received SSDI benefits for 2 years.

If you qualify and start getting SSDI, your spouse and any eligible children can also apply for SSDI. If you find you dont qualify for SSDI, but you are disabled and have limited income and resources, look into Supplemental Security Income . This program also can pay benefits to the disabled, but is based on your income and need.

Are Clothing Household Goods Personal Effects And Automobiles Counted When Determining Eligibility For Benefits

BASICALLY NO. In 2005, the Social Security Administration issued important regulations designed to simplify what assets are excluded when determining a personâs eligibility for benefits. This SSA rule explained how income and resources would be treated under the Supplemental Security Income program and clarified three issues of concern for persons with disabilities, thereby offering important protections for people with disabilities:

First, clothing was eliminated from the definitions of income and in-kind support and maintenance. As a result, gifts of clothing generally are not counted as income when the SSA decides whether a person can receive SSI benefits, or when the amount of such benefits is computed.

Second, the resource-counting rules eliminated the dollar value limit for the exclusion of household goods and personal effects. Consequently, the SSA ignores the value of household goods and personal effects when it decides whether a person can receive SSI benefits.

Third, the SSA now has a bright-line rule that excludes one automobile from countable resources, regardless of its value, if the vehicle is used for the individualâs transportation or for that of a member of the individualâs household.

Also Check: Social Security Retirement Check

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:

  • Are you currently working? If you are working, you are not blind, and your earnings average more than $1,310 per month in 2021, then you will not be considered disabled. If you are not working, or if your income falls below Substantial Gainful Activity limits, move on to question two.
  • Is your condition severe? If Social Security determines that your condition does not interfere with basic work-related activities, then you will not be considered disabled. If your condition does interfere with basic work-related activities, move on to question three.
  • Is your condition found in the list of disabling conditions? Social Security maintains a list of disabling medical conditions that automatically qualify you as disabled. If your condition is not one of these, then Social Security will determine if it is severe enough to qualify. If so, you will be considered disabled, and your application will be approved. If not, move on to question four.
  • Can you do the work you did previously? If your condition does not interfere with your ability to do the work that you used to do, then you will not be considered disabled. If it does, move on to question five.
  • In addition, qualifying conditions must be expected to last at least one year or result in death.

    How Can I Find Out If I Have A Disability That Will Qualify Me To Collect Ssdi Benefits

    Apply for Social Security Disability Arizona

    Social Security bases many of their decisions about what qualifies as a disability based on information published in the Blue Book of Impairments. This Social Security Disability list of impairments details all qualifying medical conditions that meet the test for disability. While it is a comprehensive list, if you have a medical condition not listed in the Blue Book, you can still possibly qualify for SSDI benefits. As part of your disability application, you will need to submit copious information about your condition, including medical records, doctors statements and other related materials that will help to convince Social Security you meet Social Security Disability Insurance requirements.

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    How Does Car Ownership Impact Ssi Benefits

    Ill be honest when it comes to the Social Security process, I have a lot to learn. A recent transition in our firm has me now placed with the individuals who determine eligibility for new Social Security clients.

    For me, it was kind of like what happened on Lost when they met The Others. In other words, I am in unfamiliar territory. For the past three years, I have only been around individuals who work in VA Disability.

    While I still work in the field of VA, I am now a part of the team that does all of the new calls for Social Security. What I do has not changed, just my environment. People usually have misconceptions about social security.

    I am an observant person, some may even say hyper-vigilant, but I tend to pick up on things.

    One thing I picked up on in my new workspace was that all of the people who evaluate social security clients were asking how many cars people owned. I happen to really like cars, so I was curious as to why this question was being asked.

    Unfortunately, I found out that we werent building some sort of car database or organizing a car show. Instead, our social security leads employees are asking about the cars individuals own because it can affect Social Security Insurance benefits.

    When Will I Receive My First Ssdi Payment

    If the Social Security Disability application is approved, the first benefit will be paid to you for the sixth full month after the date that the disability began.

    Monthly disability benefits are wholly based on your lifetime average earnings covered by Social Security. You can receive an estimate here.

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    Information You Need To Apply

    Before applying, be ready to provide information about yourself, your medical condition, and your work. We recommend you print and review the . It will help you gather the information you need to complete the application.

    Information About You

    • Your date and place of birth and Social Security number.
    • The name, Social Security number, and date of birth or age of your current spouse and any former spouse. You should also know the dates and places of marriage and dates of divorce or death .
    • Names and dates of birth of children not yet 18 years of age.
    • Your bank or other and the account number.

    Information About Your Medical Condition

    • Name, address, and phone number of someone we can contact who knows about your medical conditions and can help with your application.
    • Detailed information about your medical illnesses, injuries, or conditions:
    • Names, addresses, phone numbers, patient ID numbers, and dates of treatment for all doctors, hospitals, and clinics.
    • Names of medicines you are taking and who prescribed them.
    • Names and dates of medical tests you have had and who ordered them.

    Information About Your Work:

    • Award letters, pay stubs, settlement agreements, or other .

    We accept photocopies of W-2 forms, self-employment tax returns, or medical documents, but we must see the original of most other documents, such as your birth certificate.

    Do not delay applying for benefits because you do not have all the documents. We will help you get them.

    Benefits For A Disabled Child

    VA Disability & Social Security Disability Insurance | VA & SSDI | Social Security | theSITREP

    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.

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    Ticket To Work Program

    The Ticket to Work Program can help you to keep your benefits as you try to get back to work, and it allows you to receive:

    • Vocational rehabilitation,
    • Job referrals, and
    • Employment support.

    While you are participating in the Ticket program and making progress, you wont have any continuing disability reviews and you will not lose your disability benefits.

    What Other Requirements Are Beneficiaries Required To Meet

    In order to receive Disability Insurance, a worker must have worked during at least one-fourth of his or her adult lifetime and during at least 5 of the 10 years before disability onset. There is also a five-month waiting period before a worker can qualify for benefits.

    Supplemental Security provides assistance to people with severe disabilities who have very low incomes and assets and who either lack sufficient work history to be covered for Disability Insurance or receive only a very small Disability Insurance benefit. It is important to note that many Supplemental Security beneficiaries, although lacking the sustained work history necessary to be insured under Disability Insurance, have worked and paid into the Disability Insurance system. And others, particularly women, are not eligible for Disability Insurance because they took time out of the paid labor force to care for children or other family members.

    Workers must apply for and exhaust all other available benefits before qualifying for Disability Insurance or Supplemental Security. Accordingly, Social Securitys disability programs serve as a true last resort for people with severe disabilities and little to no ability to work.

    Recommended Reading: How Do I Find Out How Much Social Security I Will Get

    Which States Offer Supplementary Disability Payment Programs

    The majority of all disability payment programs are administered on the federal level, but there are five states that offer state-funded disability programs in addition to SSDI and SSI. Currently, those five states are California, Hawaii, New Jersey, New York and Rhode Island. They are intended to supplement, but not replace, federal disability payment programs.

    Ssdi: An Insurance Program Based On Work History

    5 Tips for Winning Your Disability Case â National Disability Benefits

    SSDI is set up like a government-run disability insurance company. If you have ever had private disability insurance, you understand how it works. You pay premiums to the company, and if you become disabled, you can file a claim and collect benefits. But if you do not pay premiums, or if you stop paying premiums, then you are ineligible to file a claim.

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