Waiting for your Social Security Disability benefits to be approved can be tough on your bank account. Few Americans have the resources needed to survive for the average time it takes to receive approval for a Social Security Disability claim. Receiving help in the application process for disability benefits may help your disability benefits claim be approved faster.
The Social Security Administration (SSA) evaluates your residual functional capacity (RFC) when determining if you are disabled enough to qualify for Social Security Disability benefits.
According to the Social Security Administration, residual functional capacity is determined by an individual’s ability to gain an income, complete everyday tasks and his/her capacity to function in society. This information is provided by the disability-seeker through the completion of residual functional capacity forms.
Part of the five step process the SSA uses to determine your eligibility for Social Security Disability benefits includes an assessment of what are known as vocational factors. The key vocational factors are:
When interviewing an applicant for Social Security Disability benefits, the SSA asks a set of five questions. After verifying that you are not working and have a severe illness or injury, the SSA will review whether you can still complete your previous job. If the answer is yes, you will be denied Social Security Disability. If it is no, you will be asked if you are able to do any other kind of work. This is where your vocational factors come into play.
Old age is one vocational factor, which is considered to be a disadvantage when starting a new career or learning new job tasks. Thus, the SSA understands that individuals over the age of 45 cannot easily adapt to a new profession.
Education is another vocational factor which the SSA examines when determining if you are able to work in any field. Social Security considers your literacy, education, as well as your ability to speak English.
Finally, the SSA examines skills learned for previous jobs and evaluates whether these skills are transferable to a new job.
If medical evidence does not solidify your eligibility for Social Security Disability benefits, these vocational factors may help you to be approved for disability benefits.
When you are approved for Social Security Disability benefits, the Social Security Administration (SSA) calculates an amount called your average indexed monthly earnings to determine your primary insurance payout. In addition to Social Security Disability, your average indexed monthly earnings are also used by the SSA to calculate your payments once you qualify for retirement benefits.
To determine your average indexed monthly earnings, the following steps are followed:
The Social Security Appeals Council is the second tier in the three part appeals process. You can apply to the Appeals Council after the denial of your Social Security Disability benefits has been upheld in a hearing. In most cases, you must request that the Appeals Council review your Social Security Disability case within 60 days of the hearing. You can obtain information regarding how to request a review at the Social Security Administration.
When you become eligible to receive Social Security Disability Insurance (SSDI), your family members, including your spouse and dependent children, may be eligible to receive auxiliary benefits as well. SSDI is the only SSA program that provides for auxiliary benefits. Dependents of Supplemental Security Income (SSI) recipients are not entitled to auxiliary benefits.
The amount of the auxiliary benefits your dependents may receive is directly related to the amount you are entitled to receive based on taxes you formerly paid into the SSA while employed.
Although applying for Social Security Disability benefits for your spouse or child is similar to the process of applying for yourself, there are additional, specific criteria to be met. To receive auxiliary benefits, your spouse must be under age 62 and be the joint caregiver of your children under age 16. If your spouse divorces you, he or she may still qualify to draw auxiliary benefits from your SSDI if you have been married for at least ten years.
For children to qualify for auxiliary benefits, they must be:
Dependent children who are legally adopted are also eligible, as are dependents who do not live with you; for instance, children for whom you are required to provide child support. Additionally, a disabled adult is considered dependent if they became disabled before the age of 22.
There are many specific exceptions to these guidelines. If you are curious about your spouse or child's eligibility, do not be afraid to ask questions. Keep in mind that auxiliary benefits are designed to provide only for your dependents. If at any time members of your household cease to become dependents by reaching the age limits that apply, or by a status change such as divorce or marriage, they will no longer be able to receive the auxiliary benefits from your SSDI benefits.
All Social Security Disability benefits recipients are occasionally subjected to a Continuing Disability Review. These reviews are a normal part of the Social Security Disability benefits procedure, and are usually nothing to be alarmed about. Most cases receive a Continuing Disability Review every three years, though some may be reviewed more or less often.
The purpose of a Continuing Disability Review is to determine whether the medical or mental conditions which qualified you for Social Security Disability benefits have improved. If it is determined that your medical or mental condition has not improved, you will continue to be eligible for Social Security Disability benefits. If your condition has improved, your case is likely to be recommended for further review.
The Continuing Disability Review will also take into consideration any additional medical or mental conditions and treatments which have developed since your last review (or since your Social Security Disability benefits were first approved). It is important to keep careful records of all doctor’s visits, treatments, medications, new symptoms, and changes in existing conditions while you are collecting Social Security Disability payments, whether through SSDI, SSI or both.
Often, if your condition is not expected to improve, the Social Security Administration (SSA) will opt to review your case every seven years instead of every three years. Conversely, if it is suspected that your condition is likely to improve sooner, your case may be reviewed more often.
Generally speaking, your case will not be subject to changes in the requirements for Social Security Disability. If you qualified before, your Continuing Disability Review will not cause you to lose your benefits as long as your condition has not improved. This is true even if the current requirements would not accept your disability. The exception to this rule is when a child turns 18 and must undergo a Continuing Disability Review to determine whether his or her condition qualifies for Social Security Disability for adults.
Child cases are always reviewed when they become adults (at 18 years old). This is because many conditions which qualify children for Social Security Disability benefits do not qualify adults for similar benefits. Attention Deficit Hyperactivity Disorder (ADHD) is a good example of this, as adults with ADHD do not generally qualify for Social Security Disability benefits, but children may.
Make sure that you respond promptly to your Continuing Disability Review notice. Failure to do so can cause a loss of benefits.
The Alleged Onset Date is the date that a disability began or the date that an individual began seeking Social Security Disability benefits. The Alleged Onset Date is set by a claimant when applying for Social Security Disability insurance benefits through the Social Security Administration (SSA). This date is regarded as the date, to the best of the claimant’s knowledge, that a disabling condition began or the date in which the condition required the claimant to seek Social Security Disability benefits.
Once a Social Security Disability claim has been denied twice, claimants can request hearing with an Administrative Law Judge (ALJ). This hearing generally takes place within 75 miles of the claimant’s home. Often, if there is not a Social Security Disability office within 75 miles, or if other hardships hinder you from attending in person, the hearing may be conducted by videoconferencing.
The Administrative Law Judge (ALJ) presides over the hearing. Others involved in your hearing include you, your attorney or representative (if you have one), and witnesses. Often, at the discretion of the Administrative Law Judge (ALJ), your hearing will also involve a Medical Expert and/or a Vocational Expert.
During your Social Security Disability hearing, the Administrative Law Judge (ALJ) will review your file, ask questions about how your disability hinders you from performing any substantial gainful activity, and allow you to present any new evidence. You will also be allowed to review your file, question witnesses, and present other pertinent information regarding your Social Security Disability claim.
For many claimants, the hearing with an Administrative Law Judge (ALJ) represents their best opportunity to be approved for Social Security Disability benefits. One reason for this is because your hearing is the one time you will have the opportunity to actually stand before a person who is responsible for making a decision on your case. Other Social Security Disability officials render their decisions based solely on the documents in your exhibit file. The Administrative Law Judge (ALJ) will actually hear you tell your side of the story. Another reason that your chances for approval improve during your hearing is that the Administrative Law Judge (ALJ) has more leeway to make subjective decisions on a case by case basis. Officials who make a decision on your initial claim and request for reconsideration have to adhere to a strict guideline.
Your chances for a successful hearing before an Administrative Law Judge (ALJ) improve significantly if you attend in person. They are also considerably better if you hire a qualified Social Security disability attorney to represent you during the hearing.
The Benefits Eligibility Screening Tool (BEST) is a set of questions on the Social Security Administration’s website designed to help you determine whether or not you qualify for Social Security Disability benefits.
It also helps you determine which specific Social Security Disability you are likely to qualify for.
