The idea of becoming disabled is typically something most people don’t think about, but the odds you’ll become disabled are higher than you might realize. You might be wondering, “Who can get benefits, and does Social Security Disability last for life?” An attorney knowledgeable about disability law can address your important questions.
Supplemental Security Income (SSI) vs. Social Security Disability (SSDI)
Supplemental Security Income (SSI) is a needs-based program. To qualify for SSI benefits in California, you are not required to have paid taxes into the Social Security program. If you qualify for SSI, your monthly benefit payments are determined based on your age, financial need, and other factors.
SSI gives monthly payments to disabled people and older adults with little or no resources or income. Adults and children may qualify for SSI if they:
- Have little or no income or other resources
- Have a disability
- Are considered legally blind
- Are age 65 or older
To continue with benefits, a qualifying individual must report their wages, any other income, and any significant changes to their resources or living arrangements. If someone gives you money to support your basic needs, such support is typically deducted from your monthly SSI benefit amount.
Social Security Disability (SSDI) can provide financial benefits to people who are unable to work because of a medical condition that is anticipated to last at least 12 months or might result in death. This extremely strict definition of disability is required by federal law, as it doesn’t intend to give money to anyone with a partial disability or even a short-term one.
Does Social Security Disability Last Forever?
SSDI benefits usually last until you reach full retirement age, which is between ages 66 and 67 years old for most people. However, a few factors can result in the end of benefits, including:
- Death (when the recipient passes away)
- Medical recovery (if your health improves and impacts your ability to work)
- Work recovery (if you go back to work or begin self-employment)
- Imprisonment (SSDI benefits are suspended if you’re convicted and sentenced to more than 30 days in prison for a criminal offense, to be reinstated after release)
Your benefits discontinue without documentation of a disability, if you start to earn an increased income, or if you are unwilling to participate in required disability reviews.
How Can I Get Ready for the Disability Reviews?
The Social Security Administration (SSA) periodically reviews your case to verify your ongoing disability. The agency will notify you in advance of an upcoming review and address your benefit status. To remain compliant and get ready for the review with the SSA, you should:
- Respond quickly to SSA review notices.
- Stay on top of deadlines, and follow up if you don’t hear from the SSA.
- Compile and provide relevant medical records when requested (or other documentation).
- Appear for any independent medical examinations (sometimes called an IME) when requested.
Are There Benefits to Hiring an Attorney?
While you aren’t required to retain an attorney to assist with an SSDI application, having knowledgeable legal counsel can be invaluable to strengthen your claim and reduce any chances your benefits claim might be denied. An attorney can help with any application paperwork and gather any necessary reports and records to support your claim.
A California attorney can discuss all the necessary steps for finalizing the application, which can include attendance at a hearing. Working side-by-side with an attorney can mitigate your stress and keep you from feeling overwhelmed by the administrative process necessary to secure SSDI benefits. Your attorney likely has experience with the judges who run the SSDI program, so they know how to prepare any needed documents in advance of these hearings.
If your initial claim is denied, an SSDI benefits lawyer can address the reason for your application denial and formally request reconsideration. Winning an appeal sometimes necessitates zealous advocacy from your SSDI counsel.
FAQs
Q: Does My Social Security Disability Turn Into “Regular Social Security?”
A: Your Social Security Disability benefits convert to Social Security retirement benefits (otherwise known as “regular Social Security”) once you reach the age of your full retirement, which is between ages 66 and 67 years old for most people, but the process isn’t automatic.
Your monthly SSDI payment typically remains the same when you begin to receive traditional Social Security unless you are involved in otherwise prohibited activities that might affect ongoing benefits.
Q: How Do I Apply for Social Security Disability Benefits?
A: To apply for SSDI benefits, you can apply online or make an appointment to file your disability claim at your nearest local Social Security office. Also, you can schedule an appointment for a representative to take your claim information over the phone.
You have the right to have a qualified person represent you (or another person of your selection) when you conduct any proceedings with the Social Security Administration, which can be critical.
Q: How Are My Monthly SSDI Payments Calculated?
A: Your monthly SSDI benefit payments are based on specific factors, including your current living situation, income, and a few other factors. For every $2 earned, SSDI typically deducts $1 from your monthly SSDI payment. While on SSDI, you are required to provide monthly statements regarding your disability status and any changes to your earned income. If anyone else provides financial assistance, you must disclose this information.
Q: What’s the Process Like for Claim Determinations?
A: Unfortunately, the SSA denies the majority of claims it receives annually, typically because of a lack of requested documentation or because of clerical errors by applicants. Many denials lead to formal appeals.
Some applicants can resolve their denials with a quick appeal if their denial was a small paperwork error. However, others typically face more complicated appeal proceedings and hearings with presiding administrative law judges. An attorney can further discuss the claim determination process.
Contact a Knowledgeable California Attorney for Your Social Security Benefits Questions
SSDI benefits can provide financial stability for the remainder of your life. If you’re ready to speak to a trustworthy attorney about your specific claim for SSDI benefits, contact Gade & Parekh, LLP, to schedule an initial consultation right away.
