Do not wait even a day. Generally, it is better to apply soon than later. You can actually apply on the day you become disabled, as long as you expect to be disabled for 12 months or longer.
It is not required, but it is clear that claimants who have an attorney have a much higher rate of success. Contact us for a free assessment of your disability claim.
The maximum SSI benefit in 2021 is $794 per month for an individual. The benefit may be reduced where there are other sources of countable income available. Examples of countable income includes wages, self-employment, unemployment benefits, and cash gifts. Additionally, a claimant must be within the resource limit for eligibility. The limit for countable resources is $2,000 for an individual and $3,000 for a couple. Examples of resources includes cash, bank accounts, stocks, land, and vehicles.
It is not required, but it is clear that claimants who have an attorney have a much higher rate of success. Contact us for a free assessment of your disability claim.
You may be eligible for SSI payments if you have little or no income and if your assets are $2,000 or less for a single person, or $3,000 or less for a married couple. Certain assets do not count, such as your home or car. Also, you must prove that you cannot do any work for which you are suited due to a medical condition that is expected to last for a minimum of a year, or is terminal.
SSI is a federal program providing monthly cash benefits to low-income persons aged 65 and over, and blind or disabled persons. SSI is funded by general tax revenues, not those of social security, and provides money for basic needs — food, clothing, and shelter.
Disability benefits are paid under two programs by the Social Security Administration: Social Security Disability Insurance pays benefits to you and certain members of your family if you are insured, meaning that you worked long enough and paid Social Security taxes. Supplemental Security Income pays benefits based on financial need.
If Social Security denies your claim or you disagree with any part of their decision, you may appeal the decision. You have 60 days from the time you receive your denial letter to file an appeal. You are entitled to have a lawyer help you with your appeal. Claims are frequently denied, and denied more than once. We can appeal the denials and represent you before the Administrative Law Judge.
If you are a working person who can no longer do your job because of an illness or injury, you may be eligible for disability benefits. The first requirement is that you must have paid into the Social Security Administration for a long enough period and in large enough amounts to be considered insured. Next, you must not be gainfully employed. You must also be under a disability which has lasted or is expected to last 12 months or more and your disability must be severe enough to keep you from doing your past job.
The Social Security Disability Act defines it as “the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death, or has lasted or can be expected to last for a continuous period of not less than 12 months.”
The Social Security Administration (SSA) offers two types of benefits to disabled Americans. Depending on your work history, how much income you earn per month and whether you have contributed to the Social Security system, you may be eligible for either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).
SSDI benefits are available to individuals who have spent their lives working and paying into the Social Security system. SSI is available to low-income individuals, those who have not paid into the Social Security system or those who have not earned enough money in their lifetimes to qualify for SSDI.
The qualification process, as well as the types and amount of benefits under these systems, vary.
At the Law Office of Kathleen L. Day, attorney Kathleen Day carefully evaluates each client’s work history, income level and disability to determine whether SSDI or SSI benefits are available. Based on this analysis, our firm helps clients prepare SSDI or SSI applications that give them the best chance of obtaining the benefits they need to pay for medical treatments, pay their bills and support their families.
A complex list of requirements must be met in order to qualify for Social Security Disability Insurance (SSDI) benefits. We help clients prove their disabilities.
Social Security benefits are only available to those whose disabilities prevent them from working. If you are still working, there is a limit on the amount of income you can earn without becoming ineligible for Social Security benefits.
The Social Security Administration (SSA) will closely evaluate the nature and extent of your injury. In order to qualify for benefits, the SSA must deem your impairment to be disabling, preventing or limiting your ability to work for up to one year.
The SSA has a list of prescribed conditions considered to be so severe as to be disabling. If your impairment is not included in this list of disabilities, or is not similar to a prescribed condition, you will not qualify for benefits.
Your work history, skill set and education level will also be considered by SSA when deciding whether to grant benefits. The SSA considers not only whether you will be able to return to your previous work, but whether you will be able to maintain any type of employment.
We guide our clients through the SSD system in the most efficient manner possible and avoid the common pitfalls experienced by many trying to navigate the system without legal representation, including:
- i. Applying for the wrong type of Social Security benefit
- ii. Incomplete Social Security Disability Insurance (SSDI) or Supplemental Security Insurance (SSI) applications
- iii. Missed deadlines
- iv. Incomplete medical evidence that fails to show proof of impairment
In order to obtain your SSDI or SSI benefits, it may be necessary to appear at an administrative hearing before an administrative law judge (ALJ). These hearings are akin to mini courtroom trials, involving witness testimony, exhibits and expert evaluations. The SSA will have an attorney who will cross-examine you and your witnesses, downplay the severity of your disability and attack your credibility.
It is important to have an experienced lawyer who understands how these hearings work, knows how to effectively present your case to the ALJ and who can protect your interests during these hearings.