Social Security Disability

Social Security Disability is a federal benefit that is available to those who suffer from medical conditions that are of such severity that he or she is unable to engage in “substantial gainful activity,” which simply the ability to earn $1,310 per month in gross earnings.

An individual’s disability or disabilities can be either physical or mental in nature, or even both. Either way, however, the condition or conditions must be established with objective medical evidence in order to win your case.

There are two primary types of disability claims that an individual can make and in some situations, there may be a claim for both. Social Security Disability and Insurance benefits are paid to disabled individuals who have earned enough work credits in the past to qualify. Sometimes a disabled person may be eligible to collect these benefits under another wage earner’s credits, such as a spouse or a parent. Individuals entitled to SSDI benefits receive monthly, monetary payments that are calculated based on their past earnings. SSDI recipients also become entitled to Medicare health insurance coverage, the premium for which is deducted from the monthly SSDI payments.

The other type of disability that may be available to a disabled individual is Supplemental Security Income (SSI). While the definition of “disability” is the same for SSI as it is for SSDI, the primary difference is that, unlike SSDI, in order to qualify for SSI an individual must be below the asset and resource threshold. That threshold is $2,000 for those who are single and $3,000 for married those who are married. The amount of money paid to SSI recipients varies from state to state and increases from year to year. The monthly payments may also be reduced depending on the disabled individual’s financial status. In Florida for 2021, the SSI monthly maximum payment is $771 for single individuals and $1,157 for eligible couples. SSI recipients also are entitled to health insurance through Medicaid.

Disabled children may be eligible for SSI payments of their own if the household meets the asset and resource requirements. Children may also be entitled to benefits under a deceased parent’s earnings. Minor dependents of a disabled individual can also be eligible for benefits, whether they are disabled or not if their parent is collecting SSDI or SSI.

No matter what type of disability an individual seeks, the process is essentially the same. A disability claim begins with the filing of an application, which historically can be done in person at a Social Security office, over the phone with a Social Security Representative, online through the Social Security website at www.ssa.gov, or via mail. Once the application is filed, the case will be assigned to an adjudicator within Social Security who will ultimately make the decision as to whether the applicant is disabled. The applicant will receive various questionnaires and forms that they will need to complete regarding their symptoms and daily activities while Social Security will request the person’s medical records. Sometimes, Social Security may send the applicant for a medical evaluation that is paid for by Social Security. Once all the evidence is gathered, a decision is mailed out to the applicant.

Many, though certainly not all, disability applicants are denied at their initial application. It is extremely important to be aware that disability denials must be appealed within 60 days of the denial date or the applicant may have to start all over again and may jeopardize their entitlement to benefits entirely.