What are the 20 most asked questions for those applying for SSDI SSI disability benefits?

  1. Can I return to work while getting Social Security Disability (SSD) benefits?

    • The following answer is from: https://faq.ssa.gov/link/portal/34011/34019/Article/3725/Can-I-return-to-work-while-getting-Social-Security-disability-benefits

    • Yes, you can return to work while receiving Social Security disability benefits. We have special rules to help you get back to work without jeopardizing your initial benefits. You may be able to have a trial work period for nine months to test whether you can work. 

    • If you get disability benefits and your condition improves or you return to work, report these changes to us by calling us at 1-800-772-1213 (TTY 1-800-325-0778) or contacting your local Social Security office.

    • The following answer is Attorney Walter Hnot’s annotated response to the previous answer. 

      Yes, you can return to work while receiving benefits, and you get a 9-month grace period where your work income will not affect your claim while receiving benefits.  However, if you are working after those 9 months, your benefits will likely be reduced, and you need to start a program such as a ticket-to-work program, so that you can retain your benefits, while earning additional funds.  There are special groups that work with the SSA to get people setup on a carrot program.  In other words, you go on a work program after the 9 months, with the hope that you can work into a job, and ultimately get off of the disability program.  Also, any work can be used against you in a CDR, which is a continuing disability review, whereby they can reduce or cut off your benefits if they feel that you are no longer severely disabled.  So, watch out with this, and call us if you want to start working, there is a lot to know here.

  2. What are the eligibility requirements to get SSD benefits?

      • The following answer is from: https://faq.ssa.gov/link/portal/34011/34019/Article/3714/What-are-the-eligibility-requirements-to-get-Social-Security-disability-benefits

      • To qualify for Social Security disability benefits, you must have worked long enough in jobs covered by Social Security (usually 10 years). Then, you must have a medical condition that meets Social Security's definition of disability. 

        In general, we pay monthly benefits to people who are unable to work for a year or more, or who have a condition expected to end in death. The disability must be so severe the worker cannot work, considering age, education and experience. 

        If you think you may be eligible to receive disability benefits and would like to apply , you can use our online application.  

        Applying online for disability benefits offers several advantages:

        • You can start your disability claim immediately. There is no need to wait for an appointment;
        • You can apply from the convenience of your home, or on any computer; and
        • You can avoid trips to a Social Security office, saving you time and money.

      • The following answer is Attorney Walter Hnot’s annotated response to the previous answer. 

        The answer is, “What are the elements to SSDI and SSI?”  SSI is a poverty program, meaning you have a bunch of income restriction requirements, such as not having more than $2,000 in your bank account, or a life insurance policy worth more than $1,500 payable to the SSI claimant.  Putting it simply, you need to be really poor, or were during the claimed closed period when you are/were requesting disability benefits.  Now keep in mind, this means you are poor in two respects.  Those two types are income, and resource poverty.  So, what does the SSA consider income:

        “Income is anything you receive during a calendar month and can use to meet your needs for food or shelter. It may be in cash or in kind. In-kind income is not cash; it is food or shelter, or something you can use to get food or shelter.”

        What types of income does the SSA consider?

      • Earned Income is wages, net earnings from self–employment, certain royalties, honoraria, and sheltered workshop payments.

        Unearned Income is all income that is not earned, such as Social Security benefits, pensions, State disability payments, unemployment benefits, interest income, and cash from friends and relatives.

        In–Kind Income is food or shelter that you get for free or less than its fair market value.

        Deemed Income is the part of the income of your spouse with whom you live, your parent(s) with whom you live, or your sponsor (if you are an alien), which we use to compute your SSI benefit amount.

        So are some things not considered income.  Yes! 

        Examples of payments or services that the SSA does not count as income for the SSI program include but are not limited to:

        • the first $20 of most income received in a month;

        • the first $65 of earnings and one–half of earnings over $65 received in a month;

        • the value of Supplemental Nutrition Assistance Program (food stamps) received;

        • income tax refunds;

        • home energy assistance;

        • assistance based on need funded by a State or local government, or an Indian tribe;

        • small amounts of income received irregularly or infrequently;

        • interest or dividends earned on countable resources or resources excluded under other Federal laws;

        • grants, scholarships, fellowships or gifts used for tuition and educational expenses;

        • food or shelter based on need provided by nonprofit agencies;

        • loans to you (cash or in–kind) that you have to repay;

        • money someone else spends to pay your expenses for items other than food or shelter (for example, someone pays your telephone or medical bills);

        • income set aside under a Plan to Achieve Self–Support (PASS). See the SSI Spotlight on Plan to Achieve Self–Support; 

        • earnings up to $1,790 per month to a maximum of $7,200 per year (effective January 2017) for a student under age 22. See the SSI Spotlight on Student Earned Income Exclusion; 

        • the cost of impairment–related work expenses for items or services that a disabled person needs in order to work. See the SSI Spotlight on Impairment–Related Work Expenses; 

        • the cost of work expenses that a blind person incurs in order to work. See the SSI Spotlight on Special SSI Rule for Blind People Who Work; 

        • disaster assistance;

        • the first $2,000 of compensation received per calendar year for participating in certain clinical trials;

        • refundable Federal and advanced tax credits received on or after January 1, 2010;
        • and
 certain exclusions on Indian trust fund payments paid to American Indians who are members of a federally recognized tribe.

        Ok so wait, what if I have things that aren’t considered income, and aren’t resources…  How do I know that the SSA is accounting for these things in my favor?  The SSA accounts for the income, and those things that are not considered income by creating a bottom line chart, called “Countable Income.”  Countable income is the amount left over after eliminating from consideration all items that are not income; and then applying all appropriate exclusions to the items that are income.  Countable income is determined on a calendar month basis. It is the amount actually subtracted from the maximum Federal benefit to determine your eligibility, and to compute your monthly payment amount.  There are a bunch of income exclusions that exist.  One of the most popular ones is the student earned income exclusion.  The student earned income exclusion has maximum amounts which increase with the cost of living as measured by the COLA (cost of living adjustment). This exclusion applies to a blind or disabled child who is a student regularly attending school, college, university, or a course of vocational or technical training.

        OK, so what about resources.  Think of resources as income that you kept for over a month, and poof, income turned into a resource the next month.  Resources are:

        • cash;

        • bank accounts, stocks, U.S. savings bonds;

        • land;

        • life insurance;

        • personal property;

        • vehicles;

        • anything else you own which could be changed to cash and used for food or shelter; and

        • deemed resources.

      • Ok cool, so then what are not considered resources, or rather, not counted as a resource?

        • the home you live in and the land it is on;

        • household goods and personal effects (e.g., your wedding and engagement rings);

        • burial spaces for you or your immediate family;

        • burial funds for you and your spouse, each valued at $1,500 or less (see the SSI Spotlight on Burial Funds);

        • life insurance policies with a combined face value of $1,500 or less;

        • one vehicle, regardless of value, if it is used for transportation for you or a member of your household;

        • retroactive SSI or Social Security benefits for up to nine months after you receive them (including payments received in installments);

        • grants, scholarships, fellowships, or gifts set aside to pay educational expenses for 9 months after receipt;

        • up to $100,000 of funds in an Achieving a Better Life Experience (ABLE) account established through a State ABLE program;
        • property essential to self–support (see the SSI Spotlight on Property You Need for Self–Support); 

        • resources that a blind or disabled person needs for an approved plan for achieving self–support (PASS) (see the SSI Spotlight on Plans to Achieve Self–Support ); 

        • money saved in an Individual Development Account (IDA) (See the SSI Spotlight on Individual Development Accounts);

        • support and maintenance assistance and home energy assistance that we do not count as income;

        • cash received for medical or social services that we do not count as income is not a resource for 1 month;

          • EXCEPTION: Cash reimbursements of expenses already paid for by the person are evaluated under the regular income and resources rules. 

        • health flexible spending arrangements (FSAs);

        • State or local relocation assistance payments are not counted for 12 months;

        • crime victim's assistance is not counted for 9 months;

        • earned income tax credit payments are not counted for 9 months;

        • dedicated accounts for disabled or blind children; 

        • disaster relief assistance which we do not count as income;

        • cash received for the purpose of replacing an excluded resource (for example, a house) that is lost, damaged, or stolen is not counter for 9 months;

        • All Federal tax refunds and advanced tax credits received on or after January 1, 2010 are not counted for 12 months;

        • The first $2,000 of compensation received per calendar year for participating in certain clinical trials;
 and
        • Some trusts (See the SSI Spotlight on Trusts).

        So, they add up your income and resources, and if they are too much for the statute, then you are financially ineligible for the SSI program.  The next elements to meet are the 5 step sequential elements.  I will summarize those after we complete what the eligibility requirements are for SSDI.

        Social security disability insurance benefits, or SSDI, are all about people who work over the table, pay taxes, and have worked recently enough to still be insured when they become severely disabled.  Ok so first thing, the earned quarters of coverage layout, then the, were they disabled while still insured analysis.  First, know what a quarter of coverage (QC) is, being a Title II Federal coin.  Like a quarter to a gumball machine that bestows a benefit upon you.  Candy.

        So, as you work, you earn quarters of coverage, which become more expensive as time goes on…so for example, in 2017, a quarter of coverage is worth $1,300 of earned income that you pay taxes on.  So, if you shovel, mop, answer phones, take temperatures, whatever, and pay taxes on it, every $1,300 that you earn equates to 1 quarter of coverage.  You can earn up to 4 per year.  So, 4 QCs at $1,300 each equates to: $5,200 of earned and paid taxes on income.  Now, as you get older, you need more quarters of coverage.  A cute, yet limited chart will show you how many QCs you need as you age.

      • So, yes, if you are younger than thirty, they have a special 10 QC rule and such, but what you really need to get from this chart, is that as you age, the amount of QCs go up. 

        Disabled at age

        Credits needed

        Years worked

        31-42

        20

        5

        44

        22

        5.5

        46

        24

        6

        48

        26

        6.5

        50

        28

        7

        52

        30

        7.5

        54

        32

        8

        56

        34

        8.5

        58

        36

        9

        60

        38

        9.5

        62+

        40

        10

      • Ok so why the heck do I need these QC’s anyways.  So long as you have enough of them for your age, you are INSURED.  Well, why do I care about being insured?  If you are insured, it means, if you are found disabled during whenever you were insured, then you can go onto the higher paying disability program, known as SSDI.  So SSDI requires these QCs, and if you have enough during a certain age, like you had 24 quarters of coverage when you were 46, then you are officially insured.  This means you get to go on SSDI, which pays on average around $1,200, as opposed to SSI, which pays around $735 (2017).  Ok now we know the differences between the eligibility requirements for SSI and SSDI.  Cool, now we need to know their shared elements, aka their medical eligibility requirements.

      • So, what are the medical eligibility requirements, or put as we all call it, the 5-step sequential process elements, for

        SSI and SSDI?  I’m glad you have no choice in asking:

        1. You must be earning under substantial gainful activity (SGA) per month (2017 $1,170).
        2. You must have a disability that has lasted 12 months, will last 12 months, or will be terminal.
        3. You must have medical equivalency to a pre-defined list of disabilities, or go through a residual functional capacity analysis.
        4. You must not be able to do the work you did within the past 15 years.
        5. You must not be able to do relevant transferrable skilled work, or unskilled work.

        These are the major eligibility requirements for the social security disability programs, being SSI and SSDI.

  3. How do I earn Social Security Credits, and how many do I need to qualify for benefits?

    • The following answer is from: https://faq.ssa.gov/link/portal/34011/34019/Article/3829/How-do-I-earn-Social-Security-credits-and-how-many-do-I-need-to-qualify-for-benefits

    • We use your total yearly earnings to figure your Social Security credits. The amount needed for a credit in 2019 is $1,360. You can earn a maximum of four credits for any year. The amount needed to earn one credit increases automatically each year when average wages increase.

      You must earn a certain number of credits to qualify for Social Security benefits. The number of credits you need depends on your age when you apply and the type of benefit application. No one needs more than 40 credits for any Social Security benefit.

    • The following answer is Attorney Walter Hnot’s annotated response to the previous answer. 

      What does that even mean right?!  I remember the first time I read that years and years ago, I sat back and thought, what the heck are they talking about.  First off, quarters of coverage are the same thing as credits.  Think of credits as a coin.  Every time you work, like shoveling, filing paperwork, creating an invoice, whatever…you earn money, and when you pay taxes on it to the federal government, you can earn credits, or quarters of coverage.  Ok so you are shoveling dirt, boss man pays you $1,300.  You pay taxes on that $1,300 to the federal government, so you will end up with something around $850 - $1,100, depending on what tax bracket you are in.  The government will then acknowledge that you are a good soldier of society, and they will give you one coin, or credit, or quarter of coverage.  You can get up to 4 of these a year…wahoo right.  So, if you earn $1,300, and then keep working and earn it 3 more times, you will get a total of 4 coins for the year.  These coins should just be called insurance coins, and you should imagine them sitting on your belt as small little metal medallions.  As you get older, you need more of them for that year’s age (like 54 years old) in your life.  If you don’t have enough, then at that point in time, for that year that you didn’t have enough, you become, “uninsured.”  If you are uninsured, even if you are severely disabled during that uninsured year, too bad, so sad, you can’t start claiming SSDI for that year.  Ok so here is the trick, since you can’t use that uninsured year, we need to prove that you were severely disabled in prior years where you were insured, or putting it another way, had enough coins on your belt for that age. 

  4. Will you lower my Social Security benefits if I get a pension from work not covered by Social Security?

    • The following answer is from: https://faq.ssa.gov/link/portal/34011/34019/Article/3738/Will-you-lower-my-Social-Security-benefits-if-I-get-a-pension-from-work-not-covered-by-Social-Security

      When you get a pension from work not covered by Social Security, we may figure your Social Security benefits using a different formula. This lowers your Social Security benefit. We do this whether your pension comes from work you did for a U.S. government agency or in a foreign country.

      The following answer is Attorney Walter Hnot’s annotated response to the previous answer. 

      This answer is fine, because if you are asking it, you should just call the law firm and ask us for a financial analysis with your particular situation.  Your numbers could go anywhere with this, so just call us about it.

  5. If I get Social Security disability benefits and I reach full retirement age, will I then receive retirement benefits?

    • The following answer is from: https://faq.ssa.gov/link/portal/34011/34019/Article/3729/If-I-get-Social-Security-disability-benefits-and-I-reach-full-retirement-age-will-I-then-receive-retirement-benefits

      Social Security disability benefits automatically change to retirement benefits when disability beneficiaries become full retirement age. The law does not allow a person to receive both retirement and disability benefits on one earnings record at the same time.

      The following answer is Attorney Walter Hnot’s annotated response to the previous answer. 

      Ok, so here is what you need to know about this.  You need to get onto SSDI if you are younger than 65, 66, or 67, aka whenever you would reach full retirement age, as it would allow you to ride the SSDI program without minimizing your percentage towards full retirement.  So, if you are on SSDI until you reach your full retirement age, then at that full retirement age, your SSDI will swing over to retirement, and you will receive your full retirement age pension.  That’s how you maximize benefits, which is why you are asking this question.

  6. How long does it take to get a decision after I apply for disability benefits?

    • The following answer is from: https://faq.ssa.gov/link/portal/34011/34019/Article/3719/How-long-does-it-take-to-get-a-decision-after-I-apply-for-disability-benefits

    • The time it takes to get a decision on your disability application can vary depending on:

      • The nature of your disability;
      • How quickly we can get your medical evidence from your doctor or other medical source;
      • Whether it is necessary to send you for a medical examination; and
      • Whether we review your application for quality purposes.

      If you would like to apply for disability benefits, you can use our online application.

      Applying online for disability benefits offers several advantages:

      • You can start your disability application immediately. There is no need to wait for an appointment;
      • You can apply from the convenience of your home, or on any computer; and
      • You can avoid trips to a Social Security office, saving you time and money.

      You can log in or create a my Social Security account to check the status of your pending application. 

      The following answer is Attorney Walter Hnot’s annotated response to the previous answer. 

      Ok, so did they answer how long it takes to get a disability decision…?  No, not even a little bit.  There was no numerical timeline response anywhere in that answer.  The answer is good, it’s just missing this (usually around):

      Initial Filing: 4-6 months

      Reconsideration: 4-6 months

      ALJ Hearing: 18-24 months + 3-4 months for the decision brief after the hearing

      Appeals Council: 9-24 months

      Federal District Court: 9-24 months

      Federal Circuit Court: 9-24 months

      Supreme Court: Let me know if you get certiorari and then we will talk about it.

      Keep in mind, if you have stage four cancer at 64, it might take days or weeks.  If you have COPD… kind of, at 36, back of the line buddy.  Also, keep in mind that attorneys speed this process up; however, this is balanced against an ever-growing mass filing overload issue at the SSA.

  7. How do Social Security benefits and Supplemental Security Income (SSI) payments differ?

    • The following answer is from: https://faq.ssa.gov/link/portal/34011/34019/Article/3800/How-do-Social-Security-benefits-and-Supplemental-Security-Income-SSI-payments-differ

      The two programs are financed differently. 

      Employment taxes primarily finance Social Security retirement, survivors and disability insurance benefits.

      Generally, we pay Social Security benefits to eligible workers and their families, based on the worker’s earnings. 

      Meanwhile, general taxes fund the SSI program, which serves the needy. SSI eligibility depends largely on limited income and resources.

      The following answer is Attorney Walter Hnot’s annotated response to the previous answer. 

      SSI equates to $735 (2017) a month, while SSDI can be anywhere from 0-$2,663, but averages around $1,200.  SSI is dictated by a statute each year, while SSDI is an averaging algorithm of the past 35 years of what you have earned, and paid taxes on.

      SSI Figures…

      Recipient

      Unrounded annual amounts for—

      Monthly amounts for 2017

      2016

      2017 a

      Eligible individual

      $8,804.43

      $8,830.84

      $735

      Eligible couple

      13,205.18

      13,244.80

      1,103

      Essential person

      4,412.31

      4,425.55

      368

      a The unrounded amounts for 2017 equal the unrounded amounts for 2016 increased by 0.3 percent.
  8. What are compassionate allowances?

    • The following answer is from: https://faq.ssa.gov/link/portal/34011/34019/Article/3716/What-are-compassionate-allowances

    • Compassionate allowances allow us to expedite Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) applications for people whose medical conditions are so severe that their conditions obviously meet Social Security’s definition of disability. 

      See Compassionate Allowances for more information.

      The following answer is Attorney Walter Hnot’s annotated response to the previous answer. 

       

      Bottom line, you don’t want to have a compassionate allowance, and receive your benefits in two or three days.  These are the disabilities that are so horrific, so deadly, so ect…that a person with a compassionate allowance is likely on a terminal track with a timeline next to their name.

  9. Will unemployment benefits affect my Social Security benefits?

    • The following answer is from: https://faq.ssa.gov/link/portal/34011/34019/Article/3741/Will-unemployment-benefits-affect-my-Social-Security-benefits

      Social Security does not count unemployment benefits as earnings. They do not affect retirement benefits.

      However, income from Social Security may reduce your unemployment compensation. Contact your state unemployment office for information on how your state applies the reduction.

      The following answer is Attorney Walter Hnot’s annotated response to the previous answer. 

       

      There are multiple state and federal agencies that affect this, so please contact us with your financial figures.

  10. Is there a waiting period for Social Security disability benefits?

    • The following answer is from: https://faq.ssa.gov/link/portal/34011/34019/Article/3715/Is-there-a-waiting-period-for-Social-Security-disability-benefits

      If you are eligible for Social Security disability benefits, there is a five-month waiting period before we can begin your benefits. We will pay your first benefit for the sixth full month after the date we find your disability began. 

      The following answer is Attorney Walter Hnot’s annotated response to the previous answer. 

       

      Also, these are the waiting periods that you can expect during your adjudications for SSI and SSDI:

      • Initial Filing: 4-6 months
      • Reconsideration: 4-6 months
      • ALJ Hearing: 18-24 months
      • Appeals Council: 12-24 months
      • Federal District Court: 9-24 months
      • Federal Circuit Court: 9-24 months
      • Supreme Court: Let me know if you get certiorari and then we will talk.
  11. What is substantial gainful activity?

    • The following answer is from: https://faq.ssa.gov/link/portal/34011/34019/Article/3726/What-is-substantial-gainful-activity

      The term “substantial gainful activity” (SGA) is used to describe a level of work activity and earnings. Work is “substantial” if it involves doing significant physical or mental activities or a combination of both. 

      If you earn more than a certain amount and are doing productive work, we generally consider that you are engaging in substantial gainful activity. You would not be eligible for disability benefits.

      The following answer is Attorney Walter Hnot’s annotated response to the previous answer. 

       

      Great SSA answer, and here is the chart for the amounts of SGA by year.

      Monthly substantial gainful activity amounts by disability type

      Year

      Blind

      Non-blind

      1975

      $200

      $200

      1976

      230

      230

      1977

      240

      240

      1978

      334

      260

      1979

      375

      280

      1980

      417

      300

      1981

      459

      300

      1982

      500

      300

      1983

      550

      300

      1984

      580

      300

      1985

      610

      300

      1986

      650

      300

      1987

      680

      300

      1988

      700

      300

      1989

      740

      300

      Year

      Blind

      Non-blind

      1990

      $780

      $500

      1991

      810

      500

      1992

      850

      500

      1993

      880

      500

      1994

      930

      500

      1995

      940

      500

      1996

      960

      500

      1997

      1,000

      500

      1998

      1,050

      500

      1999

      1,110

      700a

      2000

      1,170

      700

      2001

      1,240

      740

      2002

      1,300

      780

      2003

      1,330

      800

      2004

      1,350

      810

      Year

      Blind

      Non-blind

      2005

      $1,380

      $830

      2006

      1,450

      860

      2007

      1,500

      900

      2008

      1,570

      940

      2009

      1,640

      980

      2010

      1,640

      1,000

      2011

      1,640

      1,000

      2012

      1,690

      1,010

      2013

      1,740

      1,040

      2014

      1,800

      1,070

      2015

      1,820

      1,090

      2016

      1,820

      1,130

      2017

      1,950

      1,170
  12. Can I get Social Security disability benefits for any months before I apply?

    • The following answer is from: https://faq.ssa.gov/link/portal/34011/34019/Article/3717/Can-I-get-Social-Security-disability-benefits-for-any-months-before-I-apply

      We may pay Social Security disability benefits for as many as 12 months before you apply if we find you had disability during that time and you meet all of the other requirements.

      If you think you may be eligible to receive disability benefits and would like to apply, you can use our online application.

      The following answer is Attorney Walter Hnot’s annotated response to the previous answer.

      The 12 months pre-filing benefits are called Retroactive benefits, and are only available for SSDI benefits.  SSI claimants are not eligible for retroactive benefits, and can only collect “Backpay” benefits, and “Forward pay” benefits.  So, SSDI = Retro+Back+Forward, while SSI = Back+Forward.  Remember, Backpay benefits start from the moment you file, while Retroactive benefits start at some prior point where it can be proved that the claimant was in fact disabled.

  13. How do I become a representative payee for someone receiving SSDI or SSI benefits?

    • The following answer is from: https://faq.ssa.gov/link/portal/34011/34019/Article/3717/Can-I-get-Social-Security-disability-benefits-for-any-months-before-I-apply

      If you know someone receiving Social Security or Supplemental Security Income (SSI) benefits who needs assistance managing their payments, you should contact your local Social Security office about becoming their representative payee.

      The following answer is Attorney Walter Hnot’s annotated response to the previous answer.

      Usually a medical expert, DDS representative, ALJ, or field office representative will require a person to have a payee if they have certain mental or physical limitations, which would make their choices, or general ability to handle funds properly, an issue at hand.  If you want to be their Payee, or you want to get rid of your Payee, you need to go to your local field office.  If you google: “SSA Field Office zip code”, the website that you need to find your local field office will pop up.  If you want to be a payee, realize that there are multiple restrictions that apply, even for people of good moral character.  If you want to get rid of your Payee, you need a doctor to sign off with a report that says you are capable of managing your own funds.  Give that report to the field office representative.  Once at the field office, inform the SSA Rep. and they will begin their analysis.

  14. Can children with disabilities get Social Security benefits?

    • The following answer is from: https://faq.ssa.gov/link/portal/34011/34019/Article/3764/Can-children-with-disabilities-get-Social-Security-benefits

      A child with a disability age 18 or older may get Social Security benefits when a parent gets retirement or disability benefits. The child also can get benefits if a parent dies. The child’s disability must have begun before age 22.

      The following answer is Attorney Walter Hnot’s annotated response to the previous answer.

      Also, children under the age of 18 utilize SSI as their main form of disability benefits.  Just remember one important thing.  Children seeking SSI go through a deeming process, where the parent’s assets are analyzed.  If the parents make too much, then the child cannot go onto SSI.  Remember, SSI is a poverty program, and since most children under 18 do not work, we need to assess the parent’s income, as the child is likely living with their parent’s financial support.

  15. What is the Ticket To Work Program?

    • The following answer is from: https://faq.ssa.gov/link/portal/34011/34019/Article/3727/What-is-the-Ticket-To-Work-Program

      The Ticket To Work Program can help Social Security beneficiaries go to work, get a good job that may lead to a career, save more money, and become financially independent, all while they keep their health coverage. Ticket to Work is a free and voluntary program that gives beneficiaries real choices that can help them create and lead better lives. Individuals who receive Social Security benefits because of a disability probably already qualify for the program.

      The following answer is Attorney Walter Hnot’s annotated response to the previous answer.

      Think of this program as the carrot system to get you financially independent from disability benefits, through work earned income.  The idea is that you can be weaned off of disability benefits.  They allow you to slowly decrease your disability benefits, which is a huge financial benefit to the claimant.  Additionally, you get to keep your medical insurance…hey hey pretty nice.  The point is that it's a system for getting you back to work, and off of the disability program, thereby saving the government money, and getting you back to building society.

  16. Will my disability benefits be reduced if I get workers’ compensation or other public disability benefits?

    • The following answer is from: https://faq.ssa.gov/link/portal/34011/34019/Article/3724/Will-my-disability-benefits-be-reduced-if-I-get-workers-compensation-or-other-public-disability-benefits

      If you get either workers' compensation or public disability benefit payments, we may reduce Social Security benefits for you and your family.

      Workers get workers' compensation benefit payments because of job-related injuries or illnesses. Federal or state workers' compensation agencies, employers or insurance companies pay workers’ compensation on behalf of employers. 

      Public disability benefit payments paid under a federal, state or local government law may affect your Social Security benefit. This includes civil service disability benefits, temporary state disability benefits, and state or local government retirement benefits based on disability. Disability payments from private sources, such as a private pension or insurance benefits, do not affect your Social Security disability benefits.

      We reduce the Social Security disability benefits you and your family get if the combined total amount, plus your workers' compensation payment, plus any public disability payment you get, exceeds 80 percent of your average earnings before you became injured or ill.

      The following answer is Attorney Walter Hnot’s annotated response to the previous answer.

      This was a great SSA answer, NEXT!!!

  17. How can a representative help me with my Social Security claim?

    • The following answer is from: https://faq.ssa.gov/link/portal/34011/34019/Article/3845/How-can-a-representative-help-me-with-my-Social-Security-claim

      You may appoint a qualified person to represent you when doing business with Social Security. Use Form SSA-1696-U4, Appointment of Representative to tell us in writing about the person you appoint. Sign and date the document and send it to your local Social Security office. 

      A representative generally cannot charge or collect a fee for these services without written approval from us. 

      See Your Right To Representation for more information.

      The following answer is Attorney Walter Hnot’s annotated response to the previous answer.

      Basically, you want an attorney, who specializes or mostly deals with disability claims, that is both a state attorney, and a federal attorney.  Remember, non-legal people are called lay persons, or, “a person without professional or specialized knowledge in a particular subject.”  Lay people include disability advocates, non-legal representatives, friends, family members, ect…  Lay people are not trained for writing briefs, and are forbidden from practicing law, which means certain venues, such as district court, or circuit court, would hold them criminally liable and place them in prison for trying to represent you.  Remember one thing from this question.  The administrative law judge deciding your fate is an attorney, so lawyer up.

  18. Can I qualify for Social Security disability benefits if I get Veterans’ benefits?

    • The following answer is from: https://faq.ssa.gov/link/portal/34011/34019/Article/3720/Can-I-qualify-for-Social-Security-disability-benefits-if-I-get-veterans-benefits

      The Department of Veterans Affairs (VA) and the Social Security Administration (SSA) each have disability programs.  It is possible to receive disability benefits from both; however, the criteria for receiving disability benefits through Social Security are different from the criteria for receiving disability benefits from the VA, and you must file separate applications.  For example, the VA may pay benefits for partial disability, but SSA pays disability benefits only to people with impairments so severe they prevent any kind of substantial gainful activity (SGA).  You may find that you qualify for disability benefits through one program but not the other, or that you qualify for both. 

      The following answer is Attorney Walter Hnot’s annotated response to the previous answer.

      They are stackable benefits.  The SSA even uses VA benefits as a way to gauge whether an expedited claim should be granted.

  19. If my federal student loan is discharged because I am disabled, will it affect my SSI or SSDI?
  20. What are Social Security benefits for wounded warriors and how can I apply?

    • The following answer is from: https://faq.ssa.gov/link/portal/34011/34019/Article/3723/What-are-Social-Security-benefits-for-wounded-warriors-and-how-can-I-apply

    • Social Security pays disability benefits through the Social Security disability insurance program or through the Supplemental Security Income (SSI) program to military members or veterans who meet Social Security’s definition of disability. If a military member or veteran sustained an illness, injury, or wound while on active duty status on or after October 1, 2001, they will receive expedited processing of their disability claim, regardless of how or where the disability occurred.   

      The following answer is Attorney Walter Hnot’s annotated response to the previous answer.

      Check out: I-2-1-40(A)(3) – Pretty Cool Stuff.

      Military Casualty/Wounded Warrior (MC/WW) Case

      A case is designated critical when the claim involves any current or former member of a military service who:

      • Sustained an illness, injury, or wound;
      • Is alleging a physical or mental impairment, regardless of how the impairment occurred, or where it occurred (i.e., United States or on foreign soil); and
      • Sustained the impairment while on active duty status on or after October 1, 2001.

      For more information, including the definition of “active duty,” see POMS DI 11005.003.

      Generally, the FO will identify and designate MC/WW cases, but an MC/WW case can be identified at any point in the process. MC/WW cases are identified by:

      • The case characteristic “MCWW” in CPMS; and
      • A special MC/WW flag, found at POMSDI 11005.006, in a paper case, or, in an electronic case, by the “Military Casualty/Wounded Warrior” flag in eView.