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  • Disability Group 5:28 pm on March 4, 2011 Permalink | Reply  

    Social Security Disability: The Difference Between SSI and SSDI? Which One Do I Need? 

    Social Security Disability: The Difference Between SSI and SSDI?  Which One Do I Need?

    By:  Disability Group (http://www.socialsecuritylaw.com)

    The Federal Government provides two different benefits for Americans who become disabled and are no longer able to work.  Social Security Disability Insurance (SSDI) is for workers who have paid into the Social Security system through payroll taxes and is similar to the familiar retirement benefits program.  Supplemental Security Income (SSI) is an entitlement program for those with limited income and resources and is available regardless of work history.

    Can I apply for both benefits?

    You can and should apply for both SSDI and SSI benefits!  It is possible that you will qualify for both programs and have concurrent entitlement, but even if you don’t you should still apply for both.

    What are the qualifications for SSDI?

    ●     You must be a United States citizen or permanent resident;

    ●     You must not yet be eligible to claim retirement benefits (under 65);

    ●     You must have worked recently enough and for enough time;

    ●     You must be disabled by the Social Security Administration’s definition

    To determine if you have worked recently enough and for enough time to qualify for benefits, the Social Security Administration uses a “credit” system.  Certain income levels earn you “credits” within a year and if at a certain age you have enough credits you can qualify for SSDI benefits. (To find out if you qualify or for a free consultation regarding SSDI benefits visit us at www.socialsecuritylaw.com.)

    What are the qualifications for SSI?

    ●     You must earn less than a specific income level set by the Social Security Administration;

    ●     You must have limited resources;

    ●     You must be a United States citizen (there are a few exceptions);

    ●     You must be disabled by the Social Security Administration’s definition

    This benefit is designed for disabled citizens with limited means and the Social Security Administration measures this by determining your income level and the value of your “resources”.  Resources can include cash reserves, stocks, bonds, or any asset that could be converted into cash.  (If you have questions about whether or not you meet the resource or income limitation for SSI benefits please contact us at www.socialsecuritylaw.com)

    Copyright secured by Digiprove © 2011
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    • Carla Ramotar 10:22 am on April 27, 2011 Permalink | Reply

      Good Afternoon Sirs and Madames. I had my Son Timothy evaluated by a therapist for Social Security. I was sent a letter denying my claim. My Son has Esberger Syndrome. I hipe i spelled that right? He can’t stay focused when he really needs too. I guess they figure if you are able to lift items you are not disabled. i was granted an appeal but it was during the time of my Husband’s demise. I had so much going on in my life that the time expired for the appeal. My Son Timothy was always put in Slow classes and disabled classes all through HighSchool. They even put him in handicap classes in Highschool. He went as far as the 10th. grade but it became unbearable for him. they treated him like he had A.d.d. At times but found out that he has a chemical inbalance of the brain. When i was interviewed, i didn’t have any back up papers so maybe that’s why they denied him? By the Grace of God, i found a stack of papers when he was evaluated all through SWchool. Once he was even Baker acted. Anyway, We never collected for him as a child or as a young adult. I don’t understand how he was labled as mentally impaired in School but it has no bearing at all with the Social Security People. I am not trying to cheat anyone. I know my child can not hold down a job with his mentality. How will he be able to support himself after i’m gone. I hope this e-maIl doesn’t fall on death ears. Thank you in advance for your time. My number is 813-446-4038. Home number, 813-780-6254

    • Security system Colorado 2:54 am on April 5, 2012 Permalink | Reply

      Nice information, good stuff with good ideas and concepts, lots of great information and inspiration, both of which we all need, thanks for providing such helpful information here.

  • Disability Group 5:00 am on February 18, 2011 Permalink | Reply  

    Working After the Social Security Disability Benefits Award

    By: Disability Group (http://www.socialsecuritylaw.com)

    Have you received Social Security Disability Benefits? There’s a common misconception is that any work done after receiving an award for Social Security disability benefits will terminate those benefits.  In fact, however, a person receiving benefits may work and still receive many benefits.

    Trial Work Period

    The SSA does not consider work by claimants to mean that disability has ended until it exceeds the “trial work period.”  The “trial work period” is a 60-month period during which the claimant worked for at least 9 months.  These months – called “trial work months” – can be spread out over the 60 month period, and count if the claimant earned at least a certain amount.

    If self-employed, a “trial work month” is any month where the claimant either earned the amount stated above, or worked more than 80 hours in their own business.  The SSA’s website has a handy table to determine whether monthly earnings in a given year are enough to count as a “trial work month”.

    Benefits Past the Trial Work Period

    Working claimants who exceed the “trial work period” can still receive SSDI benefits in those months where their earnings are not “substantial” (another handy table at the SSA’s website can show you how much the “substantial” monthly earning rate is for a given year).  Claimants will not receive benefits for any month where their earnings exceed the “substantial” amount.

    Any work expenses that result from disability, however, can deduct from earnings enough to grant claimants benefits despite “substantial” earnings.  These expenses include prescription drugs, wheelchairs, and any specialized work equipment needed to perform a job.

    Even after SSDI benefits have stopped because of earnings, claimants have certain options.  They have five years in which they can ask SSA to reinstate disability benefits because a condition has again become disabling.  In this case, no new disability application is required.

    SSI Benefits

    SSI eligibility is based on financial need.  SSI benefits can decrease or stop when a beneficiary’s income increases.  Likewise, if income drops within the eligibility cap, SSI payments will automatically start again.

    If a disabled SSI recipient works, they may continue to receive payments until their combined income exceeds the SSI income limits, which varies by state.  Like before, if a beneficiary becomes unable to work again due to disability within five years of SSDI benefits ending, they may ask SSA to reinstate their benefits.

    Medicare and Medicaid

    Medicare Part A coverage will continue for at least 93 months after SSDI benefits have stopped due to earnings, as long as claimants are still disabled.  After this period has expired, claimants can buy Medicare Part A coverage by paying a monthly premium.

    Medicaid coverage generally continues even after SSI benefits stop.  Coverage may stop, however, if income reaches a certain level, varying by state and reflecting the cost of local health care.  Contact your local Medicaid office to determine your local income levels and other restrictions.

    The SSA wants claimants to work if possible, and employment should not be viewed as immediately terminating all benefits.  Speak to your attorney or the SSA office to see how it might affect you.

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    • Philly 11:03 pm on May 11, 2011 Permalink | Reply

      Thakns for sharing. Always good to find a real expert.

    • jeanna salas aquino 9:31 am on May 23, 2011 Permalink | Reply

      i was diagnose with ovarian cancer and gowing on chemo .
      im 63 yrs old reciving social security.but with my condition i don;t want to go back to work.
      im medical leave at work .

  • Disability Group 10:00 am on February 2, 2011 Permalink | Reply  

    How to Prove Pain in a Social Security Disability Case 

    What is the Social Security Administration trying to do in my disability case?

    The Social Security Administration’s main goal is to decide whether you are able to work, doing either your past job or any type of job.


    Does the Social Security Administration (SSA) consider the pain I am in when deciding whether to award me disability benefits?

    In many cases, it is the person’s pain that makes them unable to work full time. Pain is subjective, meaning it cannot be measured and everyone’s tolerance for pain differs. Pain can limit what you can do, which can be measured. For example you cannot lift more than 5 pounds, sit for more than 30 minutes or walk farther than 50 yards. These are examples of “exertional limitations.”


    What happens if my pain is just there, and isn’t from doing something (walking, sitting etc.) so it cannot be measured?

    The SSA recognizes that chronic pain and non-exertional pain (pain not from doing something) exists and can limit what you can do at a job.  The SSA looks at a number of different things to decide the effect of pain on your ability to work:

    • They look at your daily activities.
    • They look at the location of your pain, how often and how long you have pain, and how intense the pain feels.
    • They look at what makes the pain appear and what makes the pain worsen.
    • They look at the medications you take and what effects the medications may have.
    • They look at what you do in order to make the pain go away or lessen (lying flat, using heat or ice, etc.).
    • They look at how your activity is limited because of your pain.


    What can I do to prove my pain affects my being able to work?

    1)     Be SPECIFIC when describing your pain.

    Don’t say,” I hurt all over and I am in constant pain.” Rather say, “I have extreme pain in my lower back. On a scale from 1 to 10 my lower back is a 5, but if I walk or stand for more than 20 minutes, the pain jumps to an 8 or 9. The pain stays that way until I take medication.”

    Don’t always say your pain is at a level of 10 because the SSA might think you are exaggerating and have a harder time believing you.


    2)      Be CONSISTENT when describing your pain.

    Your testimony at your hearing will be considered stronger if what you tell your doctor at every visit about your pain level is the same as what you have told the SSA in the application process. If there is no medical test (MRI, etc.) to prove the source of your pain, your testimony will be a very important factor in deciding whether you are found disabled. Be consistent and specific.


    Still confused about how to describe your pain?  Give us a call, and we’ll help guide you through it!

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    • felicia 9:15 pm on May 10, 2011 Permalink | Reply

      I was involved in an accident 16 years ago. A car drove through a store I worked at and I got hit by debri. My right knee was injured. Over the years, I have had 4 surgeries, the last being a partial replacement. The pain now is worse than before the surgery, and I can’t sleep without Ambien. I have been out of work since this past November. My pain is constant. Usually my pain level is around a 4 or 5, but after I’ve been sitting in one place for too long (10-15min) the pain gets sharp and goes to a 7. If I walk to my mailbox and back when it is only a 5, by the time I get back to the house it’s up to a 9. I’m most comfortable when I’m stretched out on my right side with my injured leg stretched under me. That position helps, but even then when I go to bend my leg to get up, I experience a sharp pain that levels an 8 at least. With weather, usually 2 days before a front moves into the area I start hurting at higher levels. For those 2 days it is commonly around a 7 and sometimes goes up to a 9. I generally have a high tolerance for pain, but with it being my knee, I can’t function to my normal. I have worked convenience stores most of my life and in 1996 decided to go to school to become a medical assistant. My last surgery was about 6 months before I was hired at my first position as a CMA. Over the year I worked there, the pain increased until I couldn’t really do the job they expected. I can’t go up and down stairs normally, I can’t make sudden turns, and after being on my feet for a few hours, my knee would swell. As I’m sitting here typing this, my knee is feeling as if an icepick is being stuck in it. My family says I’m depressed. I feel useless most of the time because I can’t do the things I used to. Driving is getting harder. I have to use both feet for gas and brake because I can’t turn my right knee to get my foot to go to the brake. It even hurts to get out of the vehicle, because of the way I have to turn to get out. I know this is a lot of information, but I wanted someone to kind of understand why I’m checking in to this. What should I do? Everything was initially filed with Worker’s Comp. so they have all my information. I feel like giving up, because they don’t seem to care. My doctor has suggested another surgery (total knee replacement), but the WC people are having their doctors look at it because they aren’t sure another surgery would help me any.

      • felicia 9:18 pm on May 10, 2011 Permalink | Reply

        I correct… it was in 2006 not 1996 that I went to school for my CMA

    • felicia 9:26 pm on May 10, 2011 Permalink | Reply

      to correct… I started school in 2006, not 1996 for medical assistant.

      • Disability Group 9:22 am on May 13, 2011 Permalink | Reply

        Hi Felicia,

        Thank you so much for your comment and question. I am forwarding your comment to our paralegals. Stand by!

        Thanks,
        Disability Group

    • adrian rivas 2:56 pm on July 1, 2011 Permalink | Reply

      I got lupus when I was 12 and know as a adoult I have arthritis, fibromyalgia,chronic migranes, anxiety attachs and depression. All the meds I take for these things make me tiered. I need help pruving to s.s.i that I am unaboule to hold a job.

  • Disability Group 10:00 am on January 25, 2011 Permalink | Reply  

    Seizures and Social Security Disability Claims – How To Prepare Your Case 

    There are more than 29 different seizure disorders, and not all of them result in convulsions. In fact, seizures are experienced differently from person to person.


    Many individuals with chronic seizure disorders are able to control seizures with medications.  If you take medications as directed and still continue to experience seizures that prevent you from working, you may qualify for Social Security disability benefits.


    When evaluating your case, Social Security checks if you are seeing a neurologist, for compliance with all prescribed medications and doctor’s orders. They make sure that your seizures are not because of drug or alcohol abuse, and they check to see if medication prevents the seizures.


    It is sometimes difficult to prove seizures, because tests are often normal even after seizures.  To prepare a strong case, it is important to go to the hospital after every seizure and report seizures to your neurologist. Witness statements are helpful.  Also, it’s a smart idea to create and maintain a dairy to track the frequency and severity of your seizures.

    What Do I Put In My Seizure Diary?

    Keep your diary up to date, and write in it after every single seizure.  Here is the data you should record:

    • The date of your seizure
    • The time of your seizure – when did it start, when did it stop?
    • A description of your seizure – what did it feel like?  How did you notice when it was coming on?  Was it worse or better than your last seizure?

    Residual effects from a seizure and how long they last should also be documents in your diary and your medical records.


    Seizure disorders are difficult to prove because there are not always objective findings that prove they exist. Regular treatment and documentation of the seizure and residual effects by you and a specialist is of utmost importance in proving this disorder.

    If you keep track of your seizures by maintaining a regular diary, and by regularly seeing your physician, you will help strengthen your Social Security Disability case!

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  • Disability Group 10:00 am on January 24, 2011 Permalink | Reply  

    Social Security Myths EXPOSED!! Disability Group Inc Reveals The Truth About the Social Security Claims Process 

    Applying for Social Security disability benefits can be intimidating and time-consuming. Understanding how the system works can be the difference between winning or not winning your disability benefits.  Disability Group reveals common Social Security disability myths and misconceptions.


    Myth: The Social Security Administration denies everyone the first time they apply for disability.

    This is absolutely not true!  It is easy to see why people would believe this when over 70% of all first applications filed are denied.   A claim requires a lot of paperwork, and claimants are often denied when they do not provided documents that the SSA disability reviewer has requested.  A disability lawyer can be help you to prevent an unnecessary denial by staying on top of all requests from the SSA.


    Myth: The Social Security Administration will deny you a certain number of times before you are approved.

    Also not true!  Many people simply file applications over and over again, hoping to be approved.  If you continue to file and get denied at the first stage, you are denying yourself the right to an appeal and even more importantly, you are setting yourself at the back of the line again!

    Make sure that you follow the appeals process up to the highest level in a timely manner, meeting all deadlines.


    Myth: The best way to appeal a Social Security claim denial is to file a brand new application.

    No!  This is often the worst thing you can do because most initial applications are denied.  A new application will most likely be denied for the same reason as the last.  Historically, and statistically most claimants are awarded only after being heard by an administrative law judge.  A claim will never get that far in the process if you just file a new application.  Follow the appeals process and find representation.


    Myth: Certain medical conditions or mental health problems can get you automatically approved for benefits.

    No . . . . and yes.  Certain impairments are singled out.  If you meet an SSA listing it is easier to get approved, but not automatic.  All claims are evaluated according to medical evidence. See the list of the categories of impairments that meet the SSA listing here: http://www.socialsecuritylaw.com/qualify/

    Make sure to get regular medical treatment during your claim documents your condition for a better chance of obtaining benefits.  If you have irregular doctor visits and little medical evidence, your chances for approval of disability benefits is greatly reduced.


    Myth: You cannot get Social Security Disability if you have used drugs or alcohol.

    Not true. Every case is different but you have a better chance of obtaining benefits if you have maintained at least six month of sobriety.  How often and how recent you used is most important.  Simply put, Social Security will not pay benefits to someone who caused their condition or made it worse by drug or alcohol use.  If quitting would improve your condition, it is relevant and you will not win.

    If you have a history of abuse but are not currently using substances you should carefully review your medical records before filing for disability.  Doctors and mental health professionals will often indicate “suspected use” in their treatment notes.  Such indications can have a damaging effect on a disability case.

    While there are many myths about the Social Security claim process that are untrue, the process does include a fair amount of rules, regulations, and paperwork that a social security attorney is better suited to deal with.

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