Millions of people have conditions that can affect their ability to make a living. Chronic pain, debilitating depression, and other problems cost workers and employers about $576 billion every year in lost productivity. However, sometimes health issues become too severe for people to return to work and disability coverage becomes necessary.
What is Available
Social Security Disability Insurance (SSDI) is a federal program that protects people unable to work, but too young to receive social security retirement benefits. The benefits arrive monthly to those approved for the program. The maximum monthly benefit is $2,788, but the average recipient will receive about $1,200 per month. The amount received depends on prior income.
How to Qualify
People can only claim SSDI if they worked long enough in a job where they paid social security taxes. The eligibility formula uses work credits and the amount of time they spent working. A specific dollar amount (currently around $1,300) equals one work credit. People also need to have been employed for at least half the time from when they turned 21 until their disability.
Workers that do not qualify for SSDI because of the lack of work history can still find help through SSI (Supplemental Security Income). For those that qualify, SSDI is usually a better option because SSI is need-based. Anyone that has a good standard of living at the time of the disability may not qualify for SSI. SSDI also allows dependents to receive partial benefits.
Nearly any illness or injury that stops the individual from earning a living wage can qualify for SSDI. Benefits will not start until the loss of income lasts at least five months. Many people receive backpay once their SSDI benefits begin since it often takes longer than five months for approval.
Why Denials Occur
Denials often occur because of the lack of medical evidence of the disability. It does not mean anyone believes they faked their illness, but only that they did not supply enough documentation for approval. Denials may also happen due to the failure to follow the orders of a doctor, incomplete paperwork, and repeated applications after earlier denials.
When Benefits End
SSDI payments only end for a few reasons. The most common cause of the loss of SSDI benefits is because someone reaches retirement age and their payments switch to retirement pay instead. Continuing Disability Reviews (CDRs) take place every 3-7 years after acceptance. The benefits cease if a review finds the person capable of working.
People that commit certain crimes, typically crimes against the federal government, may also lose their SSDI benefits. Incarceration for over 30 days will cause an SSDI suspension. The suspension lasts until release from prison or jail. People may need to apply again if their incarceration period lasts longer than one year.
Where to Start
Anyone can apply for SSDI through an online application, at a local Security Office by appointment, or by contacting the agency over the phone. The application is lengthy, and filers need to have a lot of personal documents available. Submit all medical evidence and any other proof of the disability with the application.
A decision usually occurs a few months after the submission, but only about 30 percent of applicants receive approval. Rejected applicants have 60 days to file an appeal where the application returns for reconsideration. If denied, a hearing can take place. The time for the reconsideration and the wait for the hearing and a final decision can take two years or more.
Disabled workers do not need to spend years waiting for an answer or wait for a denial to seek legal help. The Madden Law Firm Attorneys At Law aids people with their initial application too. We can help you to avoid the common mistakes that result in a denial. Contact us for a consultation so we can review your case to see if you have the proof needed for approval.
