Social Security Disability FAQS | Tom Ventimiglia - Social Security Disability Lawyer

1. If I am disabled can my child get disability benefits?

Yes, additional payment based on your earnings records in Title II cases will be paid to children under 18 or under 19 and still in high school. In SSI cases, some states add additional money for children. Also in SSI cases, if your child is receiving welfare, the amount of welfare received will not be counted as income and is not used to reduce your SSI benefit amount.

2. Can I work and still get disability benefits?

It is possible to continue working while your application for disability is pending. As long as you are not earning in excess of a certain gross monthly amount ($1,170 in 2017) and not performing job activities that contradict your claimed limitations, you can still be found unable to perform what social security call “substantial gainful employment”.

SSA also recognizes “unsuccessful work attempts” ( work preceded by a break of thirty days from your previous work and lasting potentially up to six months), which a claimant stopped because of an impairment. You can even have several unsuccessful work attempts occurring after the onset of your disability and the earnings during these unsuccessful work attempts will not be considered in deciding whether or not the work is “substantial gainful employment” See the article “What Is SSA’s Test for Disability?” for more details.

After you are awarded disability you can still work, again as long as you are earning not more than $1,170 gross per month and aren’t performing work activities that would indicate to SSA that you can do work on a 5 day, 40 hour a week level.

3. What is meant by the “onset date” of my disability?

This is the date that you claim you first met SSA’s disability test. It’s an important date in that it establishes the starting point for your entitlement to disability benefits. For most people it coincides with the last date you worked, but in some cases it may be before your last work attempt if you can show that you were working after the onset date but not doing the job as it was supposed to be performed due to your impairment(s), and you were earning reduced wages.

4. What if I met SSA’s disability test due to an injury or illness from which I am now recovered and able to return to work – can I still get disability benefits for the time I couldn’t work?

Yes. By definition, if you met SSA’s disability test your impairment had to last at least twelve continuous months. That twelve month or longer period is called a “closed period of disability.” You would be entitled to disability benefits for this closed period. Similarly, all disability claims once granted are reviewed to see if the disability is continuing, usually every five years but sometimes earlier.

5. I filed a disability claim several years ago that was denied and which I did not appeal. Can I reopen that claim now to get more benefits as part of a new claim for disability?

A prior denied claim can be reopened for any reason within twelve months of the initial denial in that claim. For good cause, you can request a reopening within four years of the initial denial in a prior Title II claim, and within two years in an SSI case. See the article “What is the difference between Title II disability claims and Supplemental Security income?” for more information. Good cause includes new and material evidence showing that the earlier denial was a clearly in error. A later application using the same onset date as in the prior denied claim can be construed as a request to reopen the earlier denial.

6. How much will I get each month if I am awarded disability benefits?

In Title II claims (claims based on your work record and payment of social security taxes on your wages), this is called your “PIA” or primary insured amount. This amount will usually be available to you from the SSA worker who helps you start your claim. It can also be determined by going to the Social Security website and opening a My Social Security account.

In SSI cases, the amount varies from state to state but is usually around $730 per month. See the article, “What is the difference between Title II disability claims and Supplemental Security income?”

7. I am receiving full old age retirement. Can I still get disability benefits?

In most cases no, because your disability benefit is based on your full old age (FOA) retirement monthly benefit and Title II disability entitlement ends when you reach the FOA date applicable to you. But if your FOA monthly benefit is lower than the SSI monthly benefit (currently around $730) you can get the difference between your FOA monthly benefit and the max SSI monthly benefit if you can prove you are disabled

For Title XVI, or Supplemental Security Income (SSI), benefits can be awarded at any age and an existing award continues for so long as you remain disabled and meet the resource test.

8. If I apply for early old age retirement while I have a disability claim pending, how will this affect my disability benefit amount?

If your claim is successful you will receive the difference between the early retirement reduced benefit amount and the amount you would receive for disability. The real effect on the amount you receive will be to reduce the amount of past due benefits for any months you are found to be entitled to disability but during which you were receiving early retirement.

9. I am a widow(er) who is disabled but I have never worked or I haven’t worked enough to be insured for SSA disability benefits on my own; can I file for disability benefits on my deceased spouses record?

Yes, if your deceased spouse was fully insured at the time of their death, you were married for at least nine months, you are at least fifty years old and your disability starts within seven years of the time you were last entitled to widow(er)’s benefits. In these cases disability benefits end at age sixty when you become entitled to retirement benefits based on your deceased spouse’s work history.

10. I am a divorced person who is disabled but I have never worked or I haven’t worked enough to be insured for SSA disability benefits on my own; can I file for Title II disability benefits on my divorced spouses record?

Yes, you can file a claim if your divorced spouse was fully insured at the time of their death, you were married for at least ten years, you are at least fifty years old and your disability starts within seven years of the time you were last entitled to mother’s or father’s benefits. In these cases, disability benefits end at age sixty when you become entitled to retirement benefits based on your deceased spouse’s work history.

11. I have a work injury for which I am receiving worker’s compensation disability benefits, can I still get SSA disability benefits?

Yes, if you meet SSA’s disability test. Remember, the worker’s compensation system for your state and the Social Security Administration disability program are two different programs with different tests for disability. Just because you were found to be impaired and are receiving disability benefits from worker’s compensation does not automatically qualify you for SSA disability. You also have to meet SSA’s disability test.

If you do meet SSA’s disability test, the real question becomes how, if at all, your worker’s compensation disability benefits affect your SSA disability benefits. If your worker’s compensation monthly disability amount when combined with your SSA disability amount (and certain other public disability benefits) exceeds the higher of 80% of your average current earnings for when you still worked or your family’s total social security benefit (if you are drawing additional disability each month based on having minor children in your household), then your SSA monthly benefit is reduced to bring the total within this limit.

12. I had a work injury for which I have settled. Can I still get SSA disability benefits?

Yes, if you meet SSA’s disability test. Remember, the worker’s compensation system for your state and the Social Security Administration disability program are two different programs with different tests for disability. Just because you were found to be impaired and have received or are still receiving disability benefits from worker’s compensation does not automatically qualify you for SSA disability. You also have to meet SSA’s disability test.

If you received a lump sum settlement of your worker’s compensation disability benefits, SSA will calculate your monthly benefits based on what your weekly worker’s compensation rate was in the worker’s compensation case. They will use that monthly amount to determine if your SSA benefit should be reduced based on the formula set out above. However, most states have adopted laws as part of their worker’s compensation program which says that if you put specific language in your worker’s compensation settlement order prorating your lump sum settlement amount to a monthly amount based on your life expectancy, then SSA has to use that life expectancy monthly amount to calculate any possible reduction of SSA benefits. The end result is to substantially reduce, if not eliminate, any SSA reduction in benefits because spreading your worker’s compensation disability award over your lifetime results in a much smaller monthly amount than that which results when you calculate your monthly worker’s compensation benefit using your weekly worker’s compensation benefit amount.

13. When should I file for disability benefits?

As soon as you think you meet SSA’s disability test. Waiting only jeopardizes receiving all the benefits to which you might be entitled. Remember, SSI will only pay benefits starting one full month after the month in which you apply. If you meet the test today but wait six months to file, you have lost those prior months of benefits. In Title II cases, you can get benefits for one full year prior to the date of application, subject to a five full month waiting period, so waiting a little while is not as harmful. Nonetheless, if you wait more than a seventeen months (twelve months retroactive pay period plus five full month waiting period) to file your Title II claim, the prior eighteenth month and earlier months are lost. See the article “What is the difference between Title II and Supplemental Security Income disability?” for more details.

14. Will I get medical insurance if my disability claim is successful?

In Title II cases you will get Medicare after you have received disability benefits for twenty four months.

In SSI cases you get Medicaid starting from the date you are first found to be disabled.

See the article “What is the difference between Title II and Supplemental Security Income disability?” for more details.