The Social Security
D. Miller Law provides advice and guidance to individuals who are seeking disability benefits. Unlike other law firms, our practice is focused on serving disabled individuals and their families. When you become our client, you will have peace of mind, knowing that dedicated advocates are fighting for your rights.
Above is Miller addressing a crowd of Seniors about how they can protect themselves from fraud and threats toward the vulnerable adult community.
When do I apply for Social Security Disability?
You may apply for Social Security Disability Benefits when you have suffered from a condition and you have missed a minimum of 30 days of work. Additionally, you need to meet the following qualifications: your condition has resulted in being off of work for at least twelve months, or you anticipate your condition will result in missing work for at least twelve months. Let-D-Help
What types of Social Security disability benefits are there?
There are two types of disability benefits available — Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI):
- Social Security Disability Insurance (SSDI) — These benefits are provided to disabled individuals between the ages of 18 and 65, regardless of their financial resources. To be eligible, an applicant must have paid into the Social Security system through payroll deductions and earned sufficient work credits, which are determined by the number of quarters worked each year.
- Supplemental Security Income (SSI) — These benefits are reserved for those who are disabled, blind or over the age of 65, who have limited financial resources. They also cover children under the age of 18 with a qualifying medical condition. To be eligible, the applicant’s income and resources must fall below a certain threshold ($2,000 for an individual or $3,000 for a married couple); however, a primary residence is not included in the calculation of resources.
What are the differences between SSDI and SSI?
Although SSDI and SSI are both federal programs that provide financial assistance to individuals who meet the definition of disabled, the two programs are different in a number of ways.
First, Social Security disability insurance is an entitlement program generally available to any individual who has paid into the Social Security for at least 10 years, regardless of his or her income or assets. SSI, on the other hand, is known as a “means-tested” benefit that is designed to help elderly, blind and disabled individuals pay for basic needs such as food and shelter. Because it is limited to these individuals, there are strict financial requirements for SSI eligibility.
In addition, both programs provide beneficiaries with access to different health insurance programs benefits. SSDI beneficiaries are eligible for Medicare two years after becoming eligible for SSDI. Medicare is a federal program that provides coverage for most primary medical care and routine hospital services.
Because there are gaps in Medicare coverage, however, recipients typically purchase supplemental health insurance. SSI benefits differs because beneficiaries automatically qualify for Medicaid, the joint state and federal healthcare program that provides comprehensive medical coverage.
Finally, the financial benefits of SSI and SSDI vary greatly. The monthly SSI payment is based on the federal benefits rate (FBR). In 2019 the FBR is $771 month for an individual and $1,157 for couples, and the FBR increases annually if there is a Social Security cost of living adjustment. SSI benefits are reduced by any income received by the beneficiary, which means that the monthly payment could be less than $771.
Since SSDI is based on the beneficiary’s earnings record, the monthly payment is typically much higher than the monthly SSI benefit. Currently, the average SSDI payment is $1,234 per month, up to the maximum monthly benefit of $2,861.
How do I obtain disability benefits?
You can obtain disability benefits by filing an application by mail, online or with the local SSA office in your state; however, the application process is complicated. A significant amount of personal, financial and medical information must be included, including medical records prepared by your treating physician.
To qualify, the disability must be due to a medical condition that is expected to last for at least one year and/or result in death. Moreover, the medical impairment must limit your ability to perform the work you did before or any other type of work.
If you have an illness or injury that prevents you from working, you may have many concerns. Where can I obtain the medical care that I need? How will I pay the medical bills? How will I support myself and my family? The best way to address those concerns is by working with an experienced Disability Attorney, such as D. Miller.
Well-versed in the eligibility requirements for SSDI benefits and SSI benefits, we will take the time to understand your circumstances and make sure you receive the benefits you deserve. There’s no need to worry about fees or the differences between SSDI and SSI, either.
We offer free consultations and you will not pay attorneys’ fees unless we win your claim. Knowing that becoming disabled is a physical, emotional, and financial burden, we will offer you knowledge, compassion, and first-rate legal representation. Call Us today at 855-Let-D-Help
What is the Social Security Disability Appeal Process?
If Social Security rejects your SSD or SSI application, you have the right to appeal this decision; you may also request a hearing with an administrative law judge. However, your appeal can only be for a medical denial, meaning that Social Security believes your medical condition is not severe enough to warrant missing work. Your appeal must be filed within 60 days of the date of your denial letter. This can be done in person at your local Social Security office, or by U.S. mail. Many claimants choose to hire a representative to assist in this process and to build their case.
What Happens At The Social Security Disability Appeal Hearing
At the hearing, the judge will take your testimony regarding your ability to work – they will want to get a sense of what you are capable of, and evaluate if you could return to work in some capacity. After you testify, the judge will question a Vocational Expert (VE) who is present at the hearing, and will ask if they could place you in any jobs in the national or regional economy. If you have hired an attorney or representative, they may ask you additional questions to help support your claim and cross-examine the Vocational Expert if necessary.
When To Expect The Judge’s Decision On Your Social Security Disability Benefits Claim
About two to three months after the hearing, you will receive a copy of the judge’s decision in the mail. If you’re approved, you can follow up with Social Security to begin receiving your benefits. If you’re denied, you can either file a new application or an appeal to the Appeals Council.
Appeal To The Appeals Council
The Appeals Council is a panel of adjudicators in Falls Church, Virginia, who process hearing denials. The Appeals Council will review your file to see if your judge made an error of law, and if so, may overturn the hearing judge’s finding, or request that your case be sent back for another hearing.
The Bottom Line
As you can see and imagine, this is often a long, hard fought draining process. And with your health and financial struggles, you want a legal expert on your side making sure the right questions are being asked and the correct documents are being submitted in a timely manner. We will leave no stone unturned. We will be by your side the entire way, setting you up for the best chance for success. And there’s no money coming out of your pocket. We do not get paid unless you win!
Call D. Miller Law today at 855-Let-D-Help! Where D Stands for Disability
“When I was diagnosed with MS, it was a terrifying endeavor. Although I tried to continue working, it became clear that I could no longer perform my job responsibilities. I called D. Miller and he assisted right away with getting me the help I needed to secure my Social Security Disability benefits. If you or your loved ones are experiencing something similar, call D. Miller Law today. They’re wonderful!”
– Ruth Dutcher-Giasone