The Cover Sheet Of The Favorable Decision Says That The Appeals Council May Review The Decision On Its Own Motion What Does This Mean
In a very small number of cases the Appeals Council in Falls Church, Virginia, will decide on its own to take away benefits awarded by the decision of the administrative law judge. If it is going to do this, the Appeals Council will almost always send you a notice within 60 days of the date of the judges decision. This is rare, so it is unlikely that the Appeals Council will do this in your case but if it happens you will have to work out with your attorney how to deal with it.
Social Security Works Aggressively To Prevent Detect And Prosecute Fraud
Social Security, along with the Office of the Inspector General, identifies and aggressively prosecutes those who commit fraud. Our zero tolerance approach has resulted in a fraud incidence rate that is a fraction of one percent.
One of our most effective measures to guard against fraud is the Cooperative Disability Investigations program. Under the program, we investigate suspicious disability claims early, before making a decision to award benefits. In effect, we proactively stop fraud before it happens. In fiscal year 2018, with the help of state and local law enforcement, the program reported nearly $188.5 million in projected savings to the disability programs. This resulted in a return on investment of $17 for each $1 spent.
Eradicating fraud is a team effort. We need people who suspect something to say something. If you suspect fraud, please visit the Office of the Inspector General and select Report Fraud, Waste, or Abuse or call 1-800-269-0271.
Insurance Coverage Is Available When You Qualify For Ssdi
If you qualify and are approved for benefits through SSDI, you may also be eligible for Medicare. Medicare Part A provides hospital insurance while Part B, medical insurance, pays for medical care when you are not a patient in a hospital.
There is a waiting period of 24 months before someone approved for Social Security disability through SSDI becomes eligible for Medicare coverage. The Social Security Administration recommends that you inquire about the availability of health insurance coverage through a former employer during the 24-month waiting period before Medicare becomes available to you.
The SSA counts the number of months of SSDI entitlement in calculating the 24-month waiting period for Medicare eligibility. A disability lawyer may help you to receive credit for previous periods of disability for which you received benefits provided it is within 60 months after termination of those benefits. The 60-month restriction does not apply if your current SSDI approval is related to an impairment that previously was approved for SSDI.
Workers Compensation Disability Benefits
After an on-the-job injury, you may receive temporary or permanent disability benefits if you are unable to work. Workers compensation laws about working while receiving benefits vary depending on your state. For example, Louisiana forbids you to get another job while receiving WC benefits. However, in Massachusetts if you already have another job, you can continue to work as long as long as your duties do not conflict with your injury and you report the income to your workers compensation benefit provider. Contact the claims adjuster managing your case if you have any questions about obtaining or retaining a part-time job.
Some Publications That Will Give You More Information On Disability Benefits
The Disability Starter Kit will help you get ready for your disability interview or online application. Kits are available for adults and for children under age 18.
The starter kits provide information about the specific documents and the information that we will request from you.
The kits also provide general information about the disability programs and our decision-making process.
Here are some additional resources with information on disability benefits:
- Disability Evaluation Under Social Security – Medical criteria for evaluating Social Security disability claims
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Ssi And Medicaid Coverage
When you apply for SSI, it also serves as an application for Medicaid in most states. A few states require that you submit a separate application for Medicaid directly to them rather than using only the SSI application.
If you live in a state with eligibility guidelines for Medicaid that follow the federal SSI guidelines, you will automatically be approved for Medicaid when you qualify for SSI benefits. Be mindful of the fact that a few states have stricter financial guidelines for Medicaid that you need to meet to qualify for SSI.
For example, the value of financial resources available to you cannot exceed $2,000 for an individual and $3,000 for a couple to qualify for SSI. There are a few states that have lower amounts for allowable resources, so you could qualify for SSI and not qualify for Medicaid under the criteria set by your state.
Unlike people who qualify for SSDI and Medicare, there is no waiting period associated with Medicaid coverage. Medicaid coverage becomes effective immediately on approval of your application for SSI benefits or if you live in a state that requires a separate application for Medicaid, upon approval of the application.
What Can Cause Benefits To Stop
Two things can cause us to decide that you are no longer disabled and to stop your benefits:
if you work at a level we consider “substantial.”
In 2021, average earnings of $1,310 or more per month are usually considered substantial. The amount of earnings that we consider substantial changes each year.
- if we decide that your medical condition has improved to the point that you are no longer disabled.
Remember, you are responsible for promptly reporting any improvement in your condition, or if you return to work. The booklet we send you when your application is approved explains what you need to report to us. For more information on what else may cause your benefits to stop, refer to How We Decide if You Still Have a Qualifying Disability.
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Can Your Child Get Ssd Payments If You Are Receiving Social Security Disability
If you have one or more children and you qualify to receive SSD benefit payments, you can receive additional SSD payments for your child. The Social Security Administration provides for additional benefit payments for children who live with you who are under 18 years old. But the total family benefit is capped at between 150 percent and 180 percent of your monthly benefit amount.
The actual dollar amount varies because each SSD/SSDI benefit recipients monthly benefit payment amount is based upon their individual earnings record. Thats why some SSD benefit recipients get more or less than others. Lets look at how the benefit amount is determined.
Can You Receive Retroactive Payments
Once the SSA approves your SSDI application and calculates your monthly benefit, you may be entitled to a back pay award. How many months of payments you will receive will depend on the date you applied for benefits and your disability onset date.
If you are applying for SSDI benefits, you need the assistance of a skilled Social Security disability lawyer to get your application approved and receive the benefits you deserve. To schedule a free consultation with a member of our legal team, fill out the online form on this page or call our Roswell office today.
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Some Of Your Earned Income Wont Count Against The Earnings Limit
You are permitted to deduct certain expenses from your income before you calculate to see if it exceeds the monthly limit. For example, if your disability requires you to pay a personal attendant to assist with your daily living activities , then you can deduct those expenses from your gross earnings when you calculate whether you exceeded the SSD earning limit.
Disability-related costs incurred to get to work, or to perform work, are also deductible. Transportation costs to and from work for a mobility-related disability could also be considered deductible.
What Is Expedited Reinstatement
Expedited Reinstatement allows former SSDI beneficiaries who have gone back to work and used up their Trial Work Period and Extended Period of Eligibility to get up to 6 months of temporary SSDI cash benefits if their income drops below the Substantial Gainful Activity level.
During those 6 months, Social Security will conduct a medical review to figure out if the beneficiary still meets Social Security’s disability requirements. If they do, theyâll be placed back on benefits without having to reapply for SSDI. If they don’t, their SSDI benefits will stop.
To be eligible for Expedited Reinstatement, you must request it within 5 years of the end of the Extended Period of Eligibility.
Check Your Bank Account
If you gave the SSA direct deposit information and you were approved for disability, you may see a deposit from the U.S. Treasury in your bank account before you receive a letter in the mail.
If you do get a disability payment before you receive your approval letter and you want to understand the specifics of your application approval, contact SSA at 800-772-1213, as a representative there can give you an explanation of your benefits over the phone and even provide information on back pay, if applicable.
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.
What Was The Judges Unfavorable Decision On Social Security
The vocational witness identified several sedentary job but none in the light category. If my client was not able to perform light jobs, she would meet one of the grid rules. Since the judge did not consider the impact of additional restrictions on my clients light capacity, his analysis was faulty.
Question: Will the adminstrative law judge, i.e the disability judge, ever give you a decision on the spot, at the hearing? And the answer is, yes, sometimes the ALJ will do this. When this happens, it is known as a bench decision.
Insurance Coverage Through The Ssi Program
More than 10 million people with disabilities qualify for Medicaid coverage with more than a third of them doing so through the SSI program. Filing an application with Social Security for SSI benefits is, in most states, also an application for Medicaid benefits. If you live in a state that requires a separate Medicaid application, Social Security will provide you with the contact information for the state office handling Medicaid applications.
The majority of states follow the SSI eligibility guidelines, including resource limits, for determining Medicaid eligibility, so approval for Medicaid insurance coverage is automatic with SSI approval. However, some states have eligibility guidelines that differ from those used to determine eligibility for SSI. For example, a few states set the resource limits lower for Medicaid applicants than the $2,000 SSI limit for an individual.
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If L Get Paid First Should I Wait Until I Receive The Notice Of Award Before I Cash The Check Or Spend My Past
There is no problem with cashing the check. But it is best that you deposit your check in an interest bearing savings account and not spend it all until you receive the Notice of Award so that your attorney can make sure that attorneys fees were withheld and that you have not been overpaid. It is also a good idea to make two photocopies of the check before you deposit it. Send one copy of the check to your attorney and keep the other for your records.
Disability Benefits For Veterans
You may be eligible for disability benefits if you’re on disability from your service in the Canadian Armed Forces or Merchant Navy.
You may get social assistance payments from:
- your province or territory
- your First Nation
These payments will depend on your household income, savings and investments.
You may also be eligible for health-related benefits from your province or territory. These benefits may include benefits that help cover the cost of:
- medical aids or devices
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What Is Substantial Gainful Activity
Substantial Gainful Activity is one of the measures that Social Security uses to figure out whether or not youâre disabled and therefore eligible for Social Security benefits.
If your countable monthly income is greater than the SGA level , you will not be considered disabled.
If youâre self-employed, Social Security may not consider your income alone to figure out whether or not youâve reached the SGA limit. Instead, they may use 3 different tests that examine a variety of factors to figure out whether or not youâve reached SGA.
Filing For Supplemental Security Income
Supplemental Security Income is a different federal program that is designed to provide basic needs assistance for the blind, aged or disabled. Qualifying and filing for Supplemental Security Income can also be complicated. Among the many determining qualifications are asset and income thresholds.
Calculating your assets and income to determine if you qualify can be tricky, and the process has many factors that can apply. Not all your assets can be counted, but every situation must be viewed individually. There are even guidelines that apply to spouses and handicapped children. Our experienced Atlanta disability lawyers can offer valuable guidance and information to help you determine if you are eligible.
Many Atlanta area residents that qualify for SSI may also be entitled to federal Social Security benefits. In fact, when you file for SSI in Georgia, you are also automatically applying for Social Security benefits.
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Do You Need To File Taxes If You Receive Social Security Disability Benefits
Yes, you do need to file your taxes if you receive benefits through Social Security such as retirement benefits or disability payments. Whether or not you owe taxes on these payments is a different story. Most people receiving disability payments do not end up owing any taxes on them because their income is not high enough to require it. The disclaimer to that is when you have additional income such as from an IRA or file a joint return with a working spouse that puts your total income high enough to require paying taxes on a portion of your benefits.
You should always consult a tax professional on the proper way to file your taxes and report your Social Security income. There is a place on your return to report the total benefits you received through SSDI and a separate line where you report the taxable portion of those benefits.
How Much Does Social Security Disability Pay Per Child
Filing for Social Security Disability benefits is always a stressful event, even more so when you have children to support. The financial pressure adds immense weight to the burden you are already carrying when you wonder if you will ever get back to work. At NYDisability, Attorney Daniel Berger understands your anxiety and is ready to help you get all the SSD benefits you can possibly qualify for.
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Apply For Benefits Online
You should apply for disability benefits as soon as you become disabled. Follow these easy steps to apply online for disability:
- To start your application, go to our Apply for Benefits page, and read and agree to the Terms of Service. Click Next.
- On that page, review the Getting Ready section to make sure you have the information you need to apply.
- Select Start A New Application.
- We will ask a few questions about who is filling out the application.
- You will then sign into your mySocial Security account, or you will be prompted to create one.
- Complete the application.
You can use the online application to apply for disability benefits if you:
- Are age 18 or older.
- Are not currently receiving benefits on your own Social Security record.
- Are unable to work because of a medical condition that is expected to last at least 12 months or result in death and
- Have not been denied for disability in the last 60 days.
Note: If your application was recently denied, our application is a starting point to request a review of the determination we made.
You may be able to file online for SSI at the same time that you file for SSDI benefits. Once you complete the online process above, a Social Security representative will contact you if we need additional information.