 |
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
| ||||||||||||
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
|
A Beginner's Guide to Social Security Disability
by Michele McPeak Cromer
We all hear of people who are “disabled”, who cannot work and receive Social Security Disability. We also hear of individuals on “SSI” and those who have been denied Social Security Disability although they claim to be entirely deserving. I chose this month’s topic as an opportunity to highlight the basics of Social Security Disability. First and foremost, please know that Social Security Disability is not the answer when you simply do not wish to work and want to collect some type of income.
There are stringent requirements to recover Social Security Disability (DIB) and/or Supplemental Security Income Benefits (SSI) and the malinger is not an appropriate candidate for either. To receive either DIB or SSI, a claimant must be disabled. Disability is defined as the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment, which is expected to result in death or which has lasted or is expected to last for a continuous period of at least 12 months.
There are also two types of benefits, as mentioned above, which exist for the benefit of a potentially disabled claimant. Under Title II of the Social Security Act, one can apply for Disability Insurance (“DIB”) Benefits. The DIB program is similar to an insurance plan. People fund the insurance by paying Social Security tax. Once a certain amount has been paid, a worker can collect benefits if he or she is disabled. Under Title XVI of the Act, a potentially disabled claimant can apply for Supplemental Security Income Benefits (“SSI”). The SSI program is akin to a federal welfare program for those who are disabled or over 65 years of age. Benefits are paid out of the government’s general revenues and do not come from the Social Security fund. Under SSI, one must show that he or she is more than just disabled to collect benefits. The allegedly disabled person must also show that he has no more than $2,000 in cash, property or liquid assets.
If you (and your physician) believe that you are disabled and cannot engage in any type of employment, contact an attorney and/or your local security office to file your initial application. There are forms and questionnaires that you will need to complete to have your case evaluated. I recommend preparing the application and initial questionnaires with an attorney and/or someone familiar with the process. I have become involved in a case after these initial forms were completed and I was distressed to see how haphazardly they were done. One must put thought and effort into completing the documents as they could very well be a basis for denial.
For instance, I met with a man whom I knew could perform no activities of daily living. He could not dress himself, prepare his meals and/or take the stairs more than one time a day. The same was verified in his medical records and by his spouse. However, when I reviewed the initial paperwork that he completed on his own, I was shocked to see many of his problems minimized. Maybe it was simply male ego, but I am sure that he led the initial evaluator to believe he was better off than he truly was. As expected, his initial application was denied. It was only after we appealed and had a hearing that he was found disabled. Accordingly, take your time in completing this initial paperwork and secure any assistance that you feel is necessary.
Please know that there is an evaluation process that the Social Security Administration will follow to determine if you are disabled. The first question is whether the claimant is engaged in any substantial gainful activity. If the answer is yes, Social Security will find you not disabled. If the answer is no, the next question becomes whether your impairment is severe. If the answer is no, Social Security will find you not disabled. If your impairment is severe, the next question is whether your condition meets one of the Administration’s listing of impairments. If you fall within one of those specific impairments, you are disabled and entitled to benefits. If you do not meet one of the impairments, the next question becomes whether you can perform your past relevant work. If you can, the Social Security Administration will find you not disabled.
If you cannot, the next question becomes whether you can perform other work that exists in significant numbers in the national economy. If you can, Social Security will find you not disabled. If you cannot, you are disabled. I know this sounds complicated, and in fact, it often is. That is why I recommend consulting with an attorney at the beginning of the process. Some attorneys advise clients to go ahead and file and if they are denied, come back to see him or her. I believe that you should have an attorney involved from the beginning.
So if you have significant impairments, I am sorry...but there are options out there for you. Make sure to dot your i’s and cross your t’s and if you are lawfully entitled to Social Security Benefits, you should be able to secure them.
