Category: Social Security Disability

Quite a lot!

The Social Security Administration’s webpage provides information about the details of work history that you will need to share when you apply for Social Security disability benefits. For example, you will need to include the titles of all of the jobs you’ve held in the last 15 years. You’ll also need to provide a description of the work you performed.

Be Prepared to Talk About the Specifics of Your Job(s)

The Social Security Administration would like to receive information about:

• The main responsibilities of your job or jobs
• The main tasks you performed
• The dates you worked
• The number of hours a day you worked per week
• Your pay rate
• What tools, machinery, or equipment you used
• What knowledge, skills, and abilities your work required
• The amount of supervision you had
• The amount of independent judgment you used
• Whether you had to lift and carry objects and how much they weighed
• Whether you had to sit, stand, walk, climb, stoop, kneel, crouch, crawl, or balance while at work
• How you used your hands, arms, and legs while at work
• Speaking, hearing, and vision requirements to perform your job
• Environmental conditions of your workplace

The Social Security Administration also requests information about how your disability prevented you from meeting any workplace requirements. So, for example, if your disability caused you to work fewer hours or to accept help from coworkers, the Social Security Administration would like to know that.

The Social Security Administration also needs information about timing issues. You’ll need to share details about when your medical condition started to affect your work and when you stopped working.

All of this information is required so that the Social Security Administration can determine whether you can still do your old job, whether you can do a different type of work, or whether you are totally disabled.

Learn More About Social Security Disability Eligibility Before You Apply

If you believe you qualify for Social Security disability benefits, you should learn more about what the Social Security Administration wants to know from you and about how to protect your rights. Please download a FREE copy of our book, Social Security Disability: What You Need to Know, or contact us via this website or by phone for more information so that you can submit a complete and accurate application for benefits.

redits are a key factor in determining your eligibility for Social Security disability. The Social Security Administration (SSA) determines your credits by looking at your work history to determine if you have worked long enough and if you have paid enough into the Social Security system to be eligible for Social Security disability benefits. If you do not have enough credits, you will not be able to receive Social Security disability benefits even if you are completely disabled.

How You Earn Credits

Your work credits accumulate through the year based on the income you earn and the taxes you pay. Any income you earn from self-employment will be included in your credits as long as you paid Social Security taxes on that income.

You can earn up to a maximum of four credits in one year. The amount of money you need to earn to get one credit can change annually. For example, in 2016 you can earn one Social Security credit for every $1,260 you earn and pay taxes on. Thus, if you earned $5,040 in 2016, you earned the maximum four credits that you could earn in one year.

The way work credits are earned is the same for everyone. However, the number of credits you need to qualify for Social Security disability is not the same for all workers.

How Many Credits Do You Need to Get Social Security Disability Benefits?

Most people need 40 work credits in order to get Social Security disability and 20 of those credits must have been earned in the last ten years. However, exceptions to the work credit requirements do exist for younger workers who have not yet had time to work long enough to acquire the minimum number of work credits.

To learn more about work credits and whether you qualify for Social Security disability, we encourage you to read our FREE book, Social Security Disability: What You Need to Know,and to contact us via this website or by phone to schedule an initial consultation with an experienced attorney.

Generally, there are four different levels of appeal when it comes to your Social Security disability claim. You may have the right to appeal your Social Security disability claim in a:

1. Request for consideration
2. Administrative law judge hearing
3. Appeals Council proceeding
4. Federal Court review

Although this means, in theory, that you have four different opportunities to appeal your case, it does not necessarily mean that you can or should appeal at each level. In most cases, claimants who have their initial appeal denied will appeal twice: they will file a request for consideration (the Social Security Administration (SSA) only grants about five percent of these requests), and they will go to an administrative law judge hearing.

The Appeals Council selects disability claim cases to review—and often it chooses cases in which an interesting issue is raised or in which substantial evidence has come to light. Only a handful of cases find success at this level.

After the Appeals Council, you may file a lawsuit against the SSA in federal court. Although this option gives you a better chance at success than the Appeals Council, it can be a long and possibly expensive process.

Make the Social Security Disability Appeals Decisions That Benefit You

Your aim should be to appeal as few times as possible because your ultimate goal is to get the fair Social Security disability benefits you deserve quickly. Thus, it is important to put in as much work as you can to get your application approved the first time or at the next level of appeal so that you can avoid the time, the expense, and the frustration of further appeals.

To find out more about the appeals that you should file and about how to protect your rights, please contact a board certified disability lawyer today for more information. We will help you make the right decisions about your claim.

Yes, you can receive both Social Security disability benefits and veterans’ disability benefits at the same time assuming that you qualify for both types of benefits. Income, assets, and financial need are irrelevant to your claims for both Social Security disability and veterans’ disability benefits. Instead, Social Security disability insurance benefits are based on your work history and veterans’ disability compensation is based on your military service.

Social Security Disability Eligibility

In order to receive Social Security disability benefits, you must:

• Have a medical condition that significantly impacts your ability to work and that keeps you from making enough money to be engaged in substantial gainful activity.
• The condition must have already lasted—or be expected to last—for one year or more or to result in your death.

Additionally, you must go through the Social Security disability application process and have your application approved.

Veterans’ Disability Eligibility

The veterans’ disability program has different eligibility requirements than the Social Security disability program. In order to receive veterans’ disability, you will need to prove that:

• You are an active service member or a veteran who was not dishonorably discharged.
• You suffered a medical condition that is connected to your service.

You must qualify for each program individually in order to receive both types of benefits. You may start to receive benefits from each program at different times. Likewise, you may have one type of benefit denied while the other type of benefit is approved.

Understanding disability benefits can be difficult—and making certain you are receiving all of the disability payments you and your family deserve is important. Speaking with a Texas disability benefits attorney can help you understand what benefits you may be eligible for, and whether you should apply for benefits from more than one program. Call the disability lawyers at Morgan & Weisbrod today to schedule a free, private appointment today to learn more about your rights.

Yes, you can receive Social Security disability benefits if you have been diagnosed with a terminal illness and you meet the requirements of the Social Security disability program. In fact, your application for benefits may be expedited through the Social Security Administration’s terminal illness program known as TERI.

Are You Eligible for TERI?

According to the Social Security Administration, you may be eligible for TERI if you are diagnosed with “a medical condition that is untreatable and expected to result in death.” Some conditions, such as amyotrophic lateral sclerosis (ALS), may automatically classify your application as a TERI case. Other conditions that are often added to the TERI program include some forms of cancer, chronic heart failure, fatal genetic issues in newborns, and those on life-sustaining devices such as a ventilator.

You may claim that you have such a condition in your Social Security disability application, or the Disability Determination Services (DDS) may identify your application as a TERI case based on the content of your application.

DDS is not required to tell you that your case is being considered as a TERI case and is specifically instructed by the Social Security Administration not to use the word terminal in anything that is made available to you.

Who Makes Sure TERI Cases Are Expedited?

That is the responsibility of DDS management and the Social Security Administration’s field offices. DDS management is supposed to follow up on a TERI case every 10 days until an eligibility determination is made. If a determination is not made within 30 days, the field office should become involved.

If you are suffering from a terminal illness and you qualify for Social Security disability, you have the right to have your application expedited and to start receiving benefits as soon as possible. An experienced Social Security disability lawyer can help you get the benefits you deserve. Please contact us today to learn more.

The short answer to this question is simple: as soon as you possibly can.

Here’s the slightly longer answer:

Due to the extremely large backlog of disability claims and the complexity of the claims process, it is best to get your application for benefits in just as soon as you know you need them. Two out of three claims are denied during the initial screening stage, and fighting a denied claim can take months or even years. The sad truth is that you might be waiting a while to get the support you are owed, so the sooner you start, the sooner your benefits will arrive.

When to Get Started

You should begin working on your Social Security disability claim as soon as you:

• Know that you have a serious disability that will affect you for more than a year or that is fatal.
• Know that this disability will affect your ability to work and earn a living.
• Are familiar with the claims process and know how to avoid the common mistakes of filing a claim.

While there is a six month waiting period before Social Security disability benefits begin, you do not need to wait six months to apply for benefits.

How to Get Started

Before you file a Social Security disability application, it is important to take the time to file the application correctly. This may include learning about the process in our FREE book Social Security Disability: What You Need to Know, collecting medical evidence, and talking directly with an experienced Social Security disability lawyer. Our law firm has more board certified Social Security disability lawyers than any law firm in the United States. Yet, hiring us won’t cost you any more than hiring a non-attorney advocate. Call us today and schedule a meeting to learn more about your rights and about how to get the Social Security disability benefits you deserve.

Often, a disability impacts more than just your ability to work. It could also impact your ability to manage your money or to pay your bills on time, for example. In these cases, the Social Security Administration allows Social Security disability representatives to have a representative payee appointed.

What Is a Representative Payee?

A representative payee will receive a Social Security disability recipient’s monthly benefits and use that money for the benefit of the Social Security disability recipient. Specifically, the representative payee will use the money from the disability payments to pay for the Social Security disability recipient’s rent, mortgage, utilities, food, clothing, personal care and home care items, medical expenses, and to cover any other necessary expenses. Extra money can be used on entertainment, education, or home improvements for the person with the disability or can go into a savings account for the benefit of the person with a disability. A payee should never use the disability payments for something other than the benefit of the Social Security recipient.

Who Is the Representative Payee?

A payee is usually a family member, partner, close friend, or loved one. However, payees are sometimes a nursing home, an adult care facility, or another institution.

If you think your loved one needs a representative payee and you are willing to serve in that role, you should:

• Speak with your loved one about his needs and whether he would like assistance with his finances and care.
• Call the Social Security Administration or stop by a local office and let them know about the situation.
• Collect a note from your loved one’s doctor as well as important personal information, such as a Social Security number.
• Let the Social Security Administration know if any changes take place that would require a change in payments, such as a deteriorating health condition, a new source of income or employment, or the death of your loved one.

Do you have questions about acquiring Social Security disability benefits or selecting a representative payee? Contact our experienced Social Security disability lawyers today to schedule an initial consultation and to get the advice you need to move forward.

In 2015 (the most recent year for which statistics are available), 15 million people, or 10.1 percent of the American workforce, was self-employed. Texas was right in line with the national average with 10% of the workers in this state being self-employed, according to the Bureau of Labor Statistics.

If you are self-employed or work as an independent contractor or freelancer, do you still qualify for Social Security disability benefits? And what happens if you suffer from an injury, illness, or health condition that prevents you from continuing to work for an extended period of time?

Is Social Security Disability an Option for You?

Whether or not you are eligible for Social Security disability payments when you are self-employed depends on several factors, including:

• How long you have been in the workforce.
• Whether or not you have reported your income to the government.
• Whether you have paid your Social Security taxes.
• Whether you have a qualifying disability that is expected to last longer than a year (or that is fatal).

When you are employed by another entity, your Social Security taxes are usually taken out of your paycheck. When you are self-employed, you are responsible for reporting your income and paying your Social Security taxes. As long as you pay in to the system, you have the same right to Social Security disability benefits as workers who are employed by others.

What If You Are Still Doing Some Work?

For people who are employed by others, the Social Security Administration uses a specific dollar amount to determine if they are engaged in substantial gainful activity and, therefore, able to work. The same rules do not apply to the self-employed, however. Instead, the Social Security Administration will perform a countable income test to determine if you engage in substantial gainful activity.

You are entitled to a trial work period, however, just like people who are employed by others.

Do you have questions about self-employment and disability benefits? Call our experienced Social Security disability lawyers today for more information and download a FREE copy of our report, Social Security Disability: What You Need to Know.

If you are receiving Social Security disability benefits based on your own work history, your divorce will have no bearing on your eligibility for Social Security disability benefits. These disability benefits depend upon your work history and your contribution to the Social Security fund, not your family or your income. Thus, if you were eligible for Social Security disabilitybenefits when you were married, you will remain eligible for such payments after your divorce.

But Will Your Payments Change?

The calculation of your payments will not change, and if you divorce without any alimony or child support obligations, the amount you receive will not change. However, if you are required to pay alimony or child support, your Social Security disability payments may be garnished to satisfy those legal obligations.

What if You Were Eligible as a Dependent Based on Your Spouse’s Work History?

In limited circumstances, the Social Security Administration allows spouses of workers eligible for Social Security disability to also collect benefits. Generally, a spouse may be eligible for Social Security disability if the spouse is:

• Aged 62 or older
• Caring for a minor child under the age of 16
• Caring for a disabled child

After a divorce, you may continue to receive Social Security disability benefits as an ex-spouse if:

• You were married for at least 10 years.
• You are aged 62 or older.
• You have not remarried.
• You are not entitled to a bigger Social Security payment on your own.

If your children are receiving Social Security disability dependent benefits, your divorce is unlikely to impact those benefits.

Other Social Security programs, including supplemental security income, have different rules about how divorce impacts payments. Thus, it is important to know exactly how your benefits, and those of your family members, will be impacted by a divorce. To find out more, please contact Morgan & Weisbrod today to schedule a free consultation with an experienced Social Security disability lawyer.

If you receive Social Security disability benefits, those benefits may be taxable. Social Security disability is not a need-based program. Therefore, there are often significant differences in recipients’ taxable income even if they are not working due to a disability, and some people end up paying taxes while others do not.

According to the Social Security Administration, approximately 33% of Social Security disability recipients pay taxes on their benefits.

Will You?

Your responsibility to pay taxes—and the amount of those taxes—depends on your total income as well as the income of your spouse. According to the Social Security Administration:

• If your annual income is more than $25,000 and you file your taxes as an individual, you may have to pay taxes on Social Security disability benefits.
• If your annual income is more than $32,000 and you file your taxes jointly with your spouse, you may have to pay taxes on Social Security disability benefits.

Income could include wages, interest earned, or dividends. The percentage of your benefits that are taxed will depend on the amount of income you must declare on your tax returns. Your tax rate on Social Security disability benefits will be the same as it is on your other types of income.

If you reside in Texas, your Social Security disability benefits will not be subject to a state income tax because the state does not currently impose a state income tax.

It is very important that you list your Social Security benefits as well as all other sources of income when you pay taxes. If you have questions about your Social Security benefits and your taxes, be sure to speak with a tax advisor or accountant. If you have questions about your Social Security disability claim, we encourage you to contact our experienced Social Security disability attorneys for more information.