Are You Facing a Difficult Social Security Disability Situation?
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by: albert.tobega
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Many, many Americans (even the ones who qualify for benefits) are filled with questions about the process of applying for Social Security Disability. If you are not familiar with the ins and outs of the Social Security Disability process, applying for benefits can be a pretty frustrating experience. If this is you, you are not the only one out there feeling that way. Read on for easy to understand answers to some of the social security questions we most commonly hear. Hopefully this will help you decide what your next step is going to be or at least where to look for help.
One question that is asked almost more than any other is "What is the difference between Social Security Disability and Supplemental Security Income?" This is a good question because there is a big difference in the two. Social Security Disability is known as SSD and Supplemental Security Income is known as SSI. The common ground between the two is they are both for disabled citizens, but that is where the commonality ends.
SSI is for those people that are disabled and have never worked or have not worked enough to qualify for SSD. This is a wide group, including children, mothers or fathers who stay at home, or people who worked before they were disabled, but did not pay enough into Social Security to qualify them for SSD benefits. Supplemental Security Income is a benefit given based on income as well as disability, so if you have a spouse who makes too much money, you may be denied benefits even if you would qualify otherwise.
For SSD, when you work and pay taxes you also pay Social Security. The Social Security Administration keeps records on each individual, recording how many years they worked, how much they earned, and how many Social Security "quarters" they have worked and paid. This is a statement that is sent on a yearly basis to individuals once they have earned enough quarters to qualify for SSD, should they need it. This statement will detail how much money you could receive if you became disabled and approved for Social Security Disability benefits. Your "DLI," or Date Last Insured ,will also be referenced on your annual SSD record.
Q: "How can I get a copy of my statement?"
A: You can contact your local Social Security Administration office and ask for a copy of this statement. You can also obtain information from your statement over the phone, like your DLI, the amount of time you are recorded as having worked, etc. You can find your local office by calling 1 800 772 1213 or going online to the Social Security Administration website.
Q: "Why dont I qualify for SSD when I worked the majority of my life?"
A: This is a situation that is different for every person. When you pay into Social Security it is almost like when you pay for health coverage. Insurance benefits will end after a certain time has elapsed since you last paid. It works the same way with Social Security. If you work for 25 years and you decide to take early retirement you are now not "paying" into Social Security. You only have a certain amount of time to file for SSD benefits before your coverage ends. If you are in this situation and your coverage has ended then you should consider applying for SSI.
Q: "I paid good money into the Social Security system, and now it is gone! Why cant I get it back?
A: While you certainly have a point, the Social Security system just does not work this way. In order to be approved for Social Security Disability benefits (and get back some of the money you paid in), you must have been determined to be disabled. Yes, you paid into the system and that is why you are able to apply for SSD benefits instead of SSI benefits.
Q: "I am currently receiving SSD benefits, but it is just not enough money. How do I get more?.
A: This is often what people say and this situation is understandable. Unfortunately when you are receiving Social Security Disability there is not a such thing as getting more money. Social Security Disability is very "all or nothing"; you are either approved and receive your full benefits, or you are not approved and do not receive a thing. You have only "paid" so much money into you Social Security account. It is similar to if you had a regular bank account that you withdrew monthly funds from, there is only so much money in that bank account and no more is being added because you are not working.
Q: "Before I went to jail, I was receiving Social Security Disability. Why do I no longer receive my benefits?
A: When a person is incarcerated, they become a ward of the state, which pays for food, board, etc., During this time, your SSD benefits will automatically stop, and you will have to apply for benefits all over again when you are released. If you find yourself in this situation, it is a good idea to speak to a lawyer or an expert in SSD laws and policies.
Q: "How long does this process take?"
A: The answer to this changes from applicant to applicant. As a general rule, pretty much every applicant will be rejected one or more times. Because of this, the application process generally takes anywhere from two to five years. If you have been going through this process and now you are facing a hearing it is beneficial for you to at least speak with a representative that knows the law for Social Security benefits. Most consultations are free and they can usually tell you then if they will take your case or not.
Q: "I was approved but now they are telling me that they over paid me and I have to pay them thousands of dollars back." A: This can happen and it is referred to as an overpayment case. If this happens to you, the first thing you need to do is speak to a lawyer who handles these kinds of Social Security cases.
If any of the above things happen to you and you do not know what your next step should be, it is time to ask. Contact a local professional for a free consultation and just because one attorney does not want to take your case doesnt mean that another attorney wont. Shop for lawyers accordingly... some only take SSD or SSI cases, while others take all social security related cases. If you are not sure who to contact first there is a referral system for attorneys that specifically handle Social Security claims. This organization is called NOSSCR, or the National Organization for Social Security Claimants Representatives. If you call them and let them know what type of social security situation it is, such as SSI benefits, an overpayment case, a cessation (where they stopped your benefits) etc, they will give you the name and number of an attorney in your area to contact.
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