Social Security Disability Insurance Archives | The Law Offices of Karen Kraus Bill

As you approach retirement age, you might find yourself evaluating your options for financial support during your golden years. For individuals with disabilities, the decision can become even more complex. Many people wonder whether they will receive a higher amount for SSDI vs retirement. Understanding the differences is crucial to making an informed choice. Let us help you navigate the nuances of each option to determine which path offers the greatest financial advantage for your specific situation.

Understanding SSDI and Retirement Benefits

Social Security Disability Insurance (SSDI)

SSDI is a federal program that provides financial assistance to individuals who are unable to work due to a disability. To qualify for SSDI, you must meet the following criteria:

Work Credits: You must have earned enough work credits by paying Social Security taxes through your employment. Generally, you need 40 credits, 20 of which were earned in the last 10 years ending with the year you become disabled. Younger individuals may qualify with fewer credits.
Disability Criteria: Your medical condition must meet the SSA’s definition of disability, which is a severe impairment that prevents you from performing substantial gainful activity (SGA) and is expected to last at least one year or result in death.

Social Security Retirement Benefits

Social Security retirement benefits are available to individuals who have reached the minimum retirement age, which is 62. However, claiming benefits before reaching full retirement age (FRA), which ranges from 66 to 67 depending on your birth year, will result in a permanently reduced monthly benefit. Here are the key points:

Early Retirement: You can start receiving benefits as early as age 62, but your benefits will be reduced by up to 30%.
Full Retirement Age (FRA): If you wait until your FRA to claim benefits, you will receive 100% of your entitled benefit.
Delayed Retirement: Delaying benefits past your FRA increases your monthly benefit amount by up to 8% per year for each year you delay, up to age 70.

Financial Comparison: SSDI vs Retirement

To determine whether SSDI or retirement benefits will provide you with more financial support, consider the following factors:

Monthly Benefit Amounts

SSDI Benefits: The amount you receive from SSDI is based on your average lifetime earnings before your disability began. This amount is generally similar to what you would receive at your FRA.
Retirement Benefits: If you claim retirement benefits at age 62, you will receive a reduced amount for the rest of your life. This reduction can significantly impact your overall financial stability.

Work History and Earnings

SSDI: Because SSDI benefits are based on your earnings record, individuals with a consistent work history and higher earnings will receive higher SSDI payments.
Retirement: Similarly, your retirement benefit amount is based on your highest 35 years of earnings. However, taking benefits early reduces this amount.

Health and Life Expectancy

SSDI: For individuals with severe disabilities that limit life expectancy, SSDI provides immediate financial support and may be the more advantageous option.
Retirement: If you are in good health and expect to live a long life, delaying retirement benefits might make more sense.

Case Scenarios: SSDI vs Retirement

When deciding between SSDI and retirement benefits, it is essential to consider various scenarios based on your age, health, and financial needs. The following examples illustrate two common situations individuals may face when choosing between early retirement and SSDI benefits.

Scenario 1: Early Retirement vs. SSDI Approval

If you are 62 and unable to work due to a disability, you might consider applying for early retirement benefits. However, your SSDI benefits will replace your reduced retirement benefits, and you will receive the full SSDI amount. This approach ensures you receive the maximum benefit you are entitled to based on your earnings record.

Scenario 2: Waiting for Full Retirement Age

If you are close to your FRA and can manage without early retirement benefits, waiting until you reach FRA will provide you with a higher monthly benefit. If you qualify for SSDI, you can transition to retirement benefits at your FRA without any reduction.

Maximizing Your Benefits

To maximize your Social Security benefits, consider the following strategies:

Evaluate Your Health and Work Capacity: If you are unable to work due to a disability, apply for SSDI as soon as possible to secure higher benefits.
Understand Your FRA: Know your full retirement age and the impact of claiming benefits early or delaying them.
Consult with a Financial Advisor: A financial advisor can help you evaluate your specific situation and plan for the most advantageous benefit strategy.
Seek Legal Assistance: Consulting with a disability attorney can help you navigate the SSDI application process and ensure you receive the benefits you are entitled to.

Get Assistance with Your SSDI Application

Deciding between SSDI and retirement benefits is a significant financial decision that requires careful consideration of your health, work history, and financial needs. By understanding the differences between SSDI and retirement benefits, you can make an informed choice that maximizes your financial security.

If you have further questions or need assistance with your SSDI application, The Law Offices of Karen Kraus Bill are here to help. Contact us today for a free consultation and take the first step towards securing your financial future.

When you’re dealing with a disability, maintaining financial stability is crucial. For those exploring or continuing self-employment while navigating these challenges, understanding how this choice impacts eligibility for Social Security Disability Insurance (SSDI) is essential. This article explores the intricacies of SSDI and self-employment, providing you with the knowledge you need to manage your benefits effectively.

Understanding SSDI Eligibility Criteria

Social Security Disability Insurance (SSDI) is designed to provide income supplements to people who are restricted in their ability to be employed because of a severe disability. To qualify for SSDI, applicants must have accumulated a sufficient number of work credits, which are based on total yearly wages or self-employment income. For the self-employed, paying the self-employment tax is key to earning these credits, directly impacting their eligibility for SSDI benefits.

Self-Employment and Earning Work Credits

Self-employed individuals contribute to Social Security through self-employment taxes, which include both the employer and employee portions of FICA taxes. Earning work credits as a self-employed professional involves accurately reporting your net earnings from self-employment. Here are some critical steps to ensure you’re on track:

Report all earnings to the Internal Revenue Service (IRS) and the Social Security Administration (SSA).
Pay the self-employment tax on your earnings to accrue work credits.
Maintain accurate records of your annual net earnings.

How Self-Employment Income Affects SSDI

For SSDI purposes, the SSA defines Substantial Gainful Activity (SGA) as work that brings in over a certain amount of income per month. For self-employed individuals, assessing SGA involves more than just looking at income. The SSA applies three tests to determine if the work qualifies as SGA:

Significant Services and Substantial Income Test: Evaluates whether you provide significant services to your business and earn a substantial income.
Comparability Test: Compares your work activity and income to that of unimpaired individuals in your community doing similar work.
Worth of Work Test: Assesses whether the work is worth the income received or saves the business money that would need to be spent on hiring an employee.

Reporting Requirements for Self-Employed SSDI Recipients

Self-employed individuals must regularly report their earnings to the SSA. This reporting ensures that the benefits received are correct and prevents overpayments. Here’s what you need to keep track of:

Monthly income and expenses related to your self-employment.
Documentation supporting the reporting, such as tax returns, profit and loss statements, and receipts.
Changes in your business activities that might affect your disability status or work credits.

Failing to accurately report these can lead to penalties, overpayment demands, and potentially losing SSDI eligibility.

Tips for Managing SSDI Benefits While Self-Employed

Navigating SSDI while self-employed can be complex. Here are some strategies to help you manage:

Keep thorough and organized financial records.
Plan for income fluctuations that might affect your reported earnings and SSDI evaluations.
Consult with disability benefits experts or attorneys who can provide guidance specific to your situation.

Self-Employment vs Business Ownership: The Impact of Owning a Business on Disability Benefits Eligibility

While independent contractors, freelancers, consultants, or gig workers are considered “self-employed”, business owners can fall into a different category. Navigating the complexities of Social Security Disability Insurance (SSDI) can be particularly challenging for business owners. Understanding the nuances of eligibility requirements is crucial, especially when it comes to how you compensate yourself from your business. If you own a business, certain practices regarding how you pay yourself might affect your eligibility for SSDI benefits.

SSDI is funded through payroll taxes under the Federal Insurance Contributions Act (FICA). As an employee, contributions to SSDI are automatically deducted from your salary, ensuring you earn work credits necessary for SSDI benefits eligibility. However, as a business owner, the way you compensate yourself can significantly impact whether you contribute to Social Security and, consequently, your eligibility for benefits.

Compensation Methods and Social Security Contributions

Many business owners choose compensation methods that optimize tax benefits but might inadvertently limit their eligibility for SSDI. Here are common scenarios:

Salary vs. Dividends: Business owners who pay themselves through dividends rather than a set salary do not contribute to Social Security. Dividends are typically not subject to FICA taxes, which means no Social Security credits are earned. Without these credits, you might not meet the eligibility criteria for SSDI.
Pass-through Income: Owners of S-corporations or partnerships might receive pass-through income, which can be subject to self-employment tax depending on the structure of the business and the owner’s role. Active participants who receive a salary and pay FICA taxes accrue Social Security credits, whereas passive income might not qualify.

Business owners should consider their long-term financial health and potential need for disability benefits when structuring their compensation. Consulting with financial advisors and disability law experts can provide crucial guidance in aligning business practices with personal financial needs, including eligibility for SSDI.

Contact the Law Offices of Karen Kraus Bill

If you’re self-employed or a business owner and uncertain about how your work affects your SSDI benefits, don’t navigate these waters alone. Learn how much SSI you can get in Missouri, and Contact our SSDI Lawyers at The Law Offices of Karen Kraus Bill for a free evaluation to discuss your specific case and get the expert advice you need.

In the realm of employment and health, navigating the intricacies of the Family Medical Leave Act (FMLA) and Social Security Disability Insurance (SSDI) can be a complex journey. Understanding the nuances of each can empower individuals facing health challenges with the knowledge to secure their employment and financial future. Many people wonder about the differences between FMLA and SSDI and ask the question, “Can I apply for disability while on FMLA”?

FMLA vs SSDI

Understanding FMLA

The Family Medical Leave Act (FMLA) is a federal law that enables eligible employees to take unpaid, job-protected leave for specified family and medical reasons. This act allows for up to 12 weeks of leave in a 12-month period for such circumstances as the birth of a child, adoption, personal or family illness, or to care for an ill family member. The primary purpose of FMLA is to provide employees with the assurance that their job will be waiting for them upon their return from leave, without fear of retaliation or job loss.

Social Security Disability Insurance (SSDI) Explained

Social Security Disability Insurance (SSDI), on the other hand, is a program managed by the Social Security Administration (SSA) designed to provide income to people who are restricted in their ability to be employed because of a severe disability. SSDI requires a rigorous application process where the applicant must prove that their disability is severe enough to prevent them from working full-time, and it is expected to last at least one year or result in death.

When FMLA and SSDI Intersect

There are instances where an individual can take FMLA leave and also qualify for SSDI benefits. This typically occurs when a person’s medical condition is so severe that it not only necessitates a temporary leave from work but also meets the SSA’s definition of disability. In such cases, FMLA can serve as a critical bridge, providing job protection while the individual navigates the SSDI application process. However, it’s important to note that being on FMLA might signal to the SSA that the applicant intends to return to work, potentially complicating the SSDI application process.

Enhancing Your SSDI Application While on FMLA

There are several things you can do to improve your chances of being approved for disability benefits while on FMLA.

Visit Your Doctor Regularly

One of the most effective ways to strengthen your SSDI application is to have regular consultations with your doctor. Medical evidence is paramount in SSDI applications, and a consistent record of your condition, treatments, and the impact on your ability to work can be invaluable.

Keep Detailed Records

Alongside medical records, keeping a detailed account of how your condition affects your daily life and work can provide a compelling narrative for your SSDI application. Documenting your symptoms, limitations, and any work adjustments or accommodations you’ve needed can help illustrate the severity of your condition.

Hire a Disability Attorney

Navigating the SSDI application process can be daunting, especially while dealing with a significant medical condition. Hiring a disability attorney can significantly improve your chances of approval. An experienced attorney can help you gather the necessary documentation, fill out the application accurately, and represent you in appeals, if necessary.

Get Help from the Disability Attorneys at the Law Offices of Karen Kraus Bill

For individuals out on FMLA due to a disability and considering applying for SSDI, the disability attorneys at the Law Offices of Karen Kraus Bill offer free consultations. We can provide guidance on timing your application, ensuring your medical documentation is sufficient, and advocating on your behalf throughout the application process. Understanding the nuances of each and taking strategic steps can enhance your chances of securing SSDI benefits while on FMLA. Let the attorneys at the Law Offices of Karen Kraus Bill help you navigate this complex process so you can find peace of mind and financial stability when it’s needed most.

If you have applied for Social Security Disability Income (SSDI) and have been denied, you have the right to appeal the decision and have a hearing in front of an Administrative Law Judge (ALJ). The hearing is a critical stage of the appeals process, as it gives you the opportunity to present your case in person and explain why you believe you are entitled to benefits. Here are some tips on how to prepare for an SSDI appeal hearing.

Obtain and Review Your File

Before the hearing, it is important to obtain a copy of your file from the Social Security Administration (SSA) and review it carefully. This will help you understand the evidence that the SSA used to deny your claim and give you an idea of what to expect during the hearing.

Gather Additional Evidence

If there are any gaps in your medical records or if there is additional evidence that supports your claim for disability, gather this evidence and submit it to the SSA before the hearing. This can include medical records from new doctors, letters from previous employers, statements from family and friends, and additional evidence that supports your claim.

Work With an Experienced SSDI Attorney

An experienced SSDI attorney can help you prepare for the hearing by ensuring your file is complete, gathering additional evidence, and helping you understand what to expect during the hearing. Your attorney can also represent you at the hearing and advocate for your disability benefit approval. An experienced attorney should have knowledge of the judge you will face and familiarity with the hearing process.

Be Prepared to Answer Questions

During the hearing, the ALJ will ask you questions about your disability, your medical history, and your work history. It is important to be prepared to answer these questions honestly and in detail. You can write down notes with information that you will likely need to answer these questions and keep this with you during your hearing.

Be Respectful

During the hearing, be respectful and polite to everyone involved. This includes the ALJ, the vocational expert (VE), and any other witnesses who may testify. Your credibility and integrity is important to the judge.

Stay Calm and Focused

Finally, stay calm and focused during the hearing. It is natural to feel nervous or anxious, but try to stay focused on the questions being asked and answer them to the best of your ability.

Contact An Experienced Disability Attorney

Adequately preparing for a social security disability hearing requires several detailed steps. With the right preparation and experience, you can present a strong case for disability benefits to increase your chances of obtaining the financial support you need. One of the most important steps in preparing for an SSDI appeal hearing is to seek help from an experienced disability attorney. Contact one of our attorneys today to learn how we can assist you in applying or appealing for disability benefits.

Social Security Disability Insurance (SSDI) is a federal program that provides financial assistance to people who are unable to work due to a disability. Medicare and Medicaid are two government-sponsored healthcare programs that provide healthcare coverage to eligible individuals. Many people who receive SSDI benefits also qualify for Medicare or Medicaid benefits, but there are some regulations and limitations that apply.

Can you have SSDI with Medicare or Medicaid benefits at the same time?

Yes, it is possible to receive SSDI with Medicare or Medicaid benefits at the same time. In fact, many people who receive SSDI benefits are automatically enrolled in Medicare after a two-year waiting period. Medicaid eligibility varies by state, but in general, people who receive any amount of Supplemental Security Income (SSI) benefits may also qualify for Medicaid coverage.

Does utilizing Medicare affect SSDI payment amounts?

No, utilizing Medicare does not affect SSDI payment amounts. The amount of SSDI benefits that a person receives is based on their average lifetime earnings and other factors such as their age, disability status, and work history. Medicare is a separate program that provides healthcare coverage to eligible individuals.

What are the regulations regarding personal income amounts that may affect Medicare and SSDI eligibility?

The regulations regarding personal income amounts that may affect Medicare and SSDI eligibility can be complex, and they vary depending on a number of factors such as age, disability status, and work history. However, in general, there are some key things to keep in mind.

SSDI benefits are only available to people who have paid into the Social Security system through their employment. To be eligible for SSDI, a person must have earned enough credits based on their age and work history. The amount of credits required to be eligible for SSDI varies by age.
There are income limitations that may affect a person’s eligibility for both Medicare and Medicaid. For example, to be eligible for Medicaid, a person’s income must be below a certain level.
There are regulations regarding the amount of income a person can earn while receiving SSDI benefits. If a person earns more than a certain amount of money from working, it could potentially make them ineligible for SSDI benefits. This is known as the “substantial gainful activity” (SGA) limit. The SGA limit for 2024 is $1,550 per month for non-blind individuals and $2,590 per month for blind individuals.
There are regulations regarding the amount of income a person can earn while receiving some Medicare benefits.There are income limitations that may affect a person’s eligibility for Medicare Part B premiums. If a person’s income is above a certain level, they may be required to pay a higher premium for their Medicare coverage.

It is possible to receive SSDI and Medicare/Medicaid benefits at the same time. If you have questions about your eligibility for SSDI, Medicare, or Medicaid, it is important to speak with a qualified professional who can help you navigate the regulations and requirements. Reach out to one of our experienced disability attorneys for more information or for help applying for SSDI benefits.

When you apply for SSDI, it can be a complicated and challenging process. From navigating complex eligibility requirements to providing the necessary medical evidence, there are many nuances to the application process. That’s why hiring an attorney who specializes in SSDI claims can make a big difference in the outcome of your application.

Completing Your Applications

One of the key benefits of hiring an attorney for your SSDI claim is that they can help ensure that your application is completed correctly and that all the necessary information is provided. This can increase the likelihood that your application will be approved by the Social Security Administration (SSA). Attorneys who specialize in SSDI claims are familiar with the eligibility requirements and know what types of medical evidence are necessary to support a claim. They can also help ensure that your application is submitted in a timely manner, which is crucial in the SSDI application process.

Easier Appeal Process

Another key benefit of hiring an attorney when you apply for SSDI is that they can help with the appeals process if your initial claim is denied. Many SSDI claims are denied initially, but an attorney can help you navigate the appeals process and request the necessary evidence to support your claim. This can significantly increase your chances of being approved for SSDI benefits.

Get Additional Backpay

In addition to helping with the application and appeals process, attorneys who specialize in SSDI claims can also help clients increase the amount of backpay they receive with their claims. The SSA often changes the date of disability onset, reducing the amount of backpay benefits. If you have already been approved for SSDI benefits but did not receive payments for all the months you were unable to work, an attorney can help you appeal the decision and get the benefits that you deserve. Attorneys can also help clients navigate the complex rules and regulations that govern SSDI benefits, ensuring that they are receiving the maximum amount of benefits possible.

What To Know About Hiring a Disability Attorney

One common misconception about hiring an attorney for your SSDI claim is that it is too expensive. However, most SSDI attorneys work on a contingency basis, which means that they only get paid if you win your claim. The fee is typically a percentage of your back pay, which is the amount of money that you are owed from the date of your disability to the date that your claim is approved. This means that you don’t have to pay any attorney fees upfront, and you can be confident that your attorney is working hard to get you the benefits that you deserve.

Another common misconception is that hiring an attorney is unnecessary if you have a strong case. However, even if you believe that you have a strong case, there are many nuances to the SSDI application process that an attorney can help you navigate. For example, an attorney can help ensure you avoid common mistakes that can result in your claim being denied or delayed.

Ready to apply for SSDI? Hiring an attorney who only works with Social Security disability claims can make a big difference in the outcome of your application. Our experienced disability attorneys can help ensure that your application is completed correctly and that all the necessary information is provided. We can also help expedite the appeals process if your initial claim is denied and ensure you receive compensation for all the eligible months you are rightfully entitled. If you are considering applying, appealing, or need assistance with an unfair approval, let us help you navigate the complex SSDI application process and get you the benefits you deserve.

Applying for Social Security Disability Insurance (SSDI) can be a complicated and lengthy process. Unfortunately, there are many common mistakes that applicants make that can result in their claim being denied. In this article, we will discuss the top 10 most common mistakes to avoid when applying for SSDI.

1. Failing to meet the eligibility requirements

The first and most obvious mistake is to apply for SSDI without meeting the eligibility requirements. To qualify for SSDI, you must have a disability that prevents you from performing substantial gainful activity (SGA) and that is expected to last for at least 12 months or result in death. You also need to have earned enough work credits by paying Social Security taxes over a certain period of time.

2. Waiting too long to apply

Many people make the mistake of waiting too long to apply for SSDI. The process can take several months or even years, so it is important to apply as soon as you become disabled and meet the eligibility requirements.

3. Not seeking medical treatment

It is essential to seek medical treatment for your disability and provide medical evidence to support your claim. Without medical evidence, it will be difficult to prove that you have a disabling condition that meets the eligibility requirements for SSDI.

4. Not following doctor’s orders

If you are not following your doctor’s orders and not doing what you can to manage your condition, it may be difficult to convince the Social Security Administration (SSA) that your condition is severe enough to prevent you from working.

5. Not being honest about your condition

It is important to be honest and forthright about your condition when applying for SSDI. If you try to downplay your symptoms or exaggerate your limitations, it may raise red flags with the SSA and result in your claim being denied.

6. Failing to provide complete information

When applying for SSDI, it is important to provide complete and accurate information about your medical condition, work history, and other relevant information. Failure to provide complete information can result in delays or denial of your claim.

7. Not appealing a denied claim

If your claim is denied, it is important to appeal the decision within the timeframe allowed. Many claims are denied initially but are approved on appeal.

8. Failing to get help from an attorney or advocate

Navigating the SSDI application process can be complex and confusing. It is important to get help from an attorney or advocate who is experienced in SSDI claims.

9. Not following up on your claim

It is important to follow up on your claim and make sure that the SSA has received all the necessary information. Failure to follow up can result in delays or even denial of your claim.

10. Being impatient

Finally, it is important to be patient when applying for SSDI. The process can take several months or even years, and it is important to stay positive and persistent throughout the process.

Applying for SSDI can be a challenging and complicated process. However, by avoiding these common mistakes, you can increase your chances of success. Seek medical treatment, provide complete and accurate information, be honest about your condition, and get help from an experienced attorney or advocate. With patience, persistence, and some assistance from an experienced disability attorney, you can increase your chances of receiving the SSDI benefits you deserve.

A very common question people want to know the answer to is: what information is needed to complete an SSDI application? Although the information is available online through the Social Security Administration website, it can still be confusing to figure out exactly what is needed to complete your application or, furthermore, increase the likelihood that your application will be approved. Let’s discuss the ins and outs of what is needed as well as what is not needed for your application, as well as some professional legal tips to increase the possibility of your application being accepted.

Review Adult Disability Checklist

It is recommended that every applicant review the Adult Disability Checklist provided directly by the U.S. Social Security department. The checklist has a lot of information but can also be confusing for some individuals. We will break down the items needed for your SSDI application along with some insights to the various sections of the application to make it easier to organize the required information.

Create a My Social Security Account

Before beginning the application, it is recommended to create a My Social Security Account. This can require additional forms of verification to set up, such as your mobile phone to receive texts, an email address for the account, and in some cases, a W-2, tax form, or credit card to aid the verification process. Creating an account allows you to track the status of your application throughout the process.

The Information You Need

1. Date and Place of Birth

Initially, the application intends to validate and confirm your U.S. Citizenship before continuing. This is done through the account creation process, but if you were born outside of the U.S., it is required to provide your birth country and time or your Permanent Resident Card if you are not a U.S. Citizen.

2. Marriage and Divorce

You are required to provide the name of your current spouse or previous spouse if the marriage lasted over ten years or ended in death. Your spouse’s date of birth and social security numbers are optional but can help further validate your application. Lastly, you need to provide the beginning and ending dates of your current marriage and past marriages, including the dates and city/state/country in which you were married.

3. Names and Dates of Birth of Children

You will also need to provide the details about your children, including any of your children that became disabled prior to the age of 22, any that are under 18 and are unmarried, or any children aged 18-19 that are in secondary school full time. If you have children over the age of 18 that are not disabled or in school, then their information is not required.

4. Military Service

If you have served in the military, it is important to also include the type of duty and branch you worked in as well as your service period dates. This can help the Social Security office further evaluate your case.

5. 3 Years of Employment Details

You will also need to provide your employment details for the current year and two prior years before your application. This needs to include start and end dates, total earnings, and the company and employer name of who you worked for.

6. Self-Employment Details

If you are self-employed or were self-employed for the current year and 2 years prior, you will need to provide information about the type of business and total net income of your business.

7. Direct Deposit

You must include your bank routing number, account type, and bank account number to receive your SSDI or SSI payments. This can also go to an international bank, but requires additional info such as the country of the bank, bank name, bank code, and currency type.

8. Alternate Contact

An additional contact must be provided in order to have someone to contact regarding your medical conditions so they can help you with your claim. This can be your lawyer in the event that you have representation during your application process or are working with a law firm like ours.

9. List of Medical Conditions

This is one of the most important sections of the application as this is the information that will largely determine your eligibility for social security. It is best to be as thorough as possible in this section. You should include:

Names, addresses, phone numbers, patient ID numbers if applicable, and dates of any examinations or treatments received.
Names and dates of medical tests you have had and who placed the test orders
Names of medications, reason for medication, and who they were prescribed by
Info about additional medical records like vocational rehabilitation services, workers’ compensation, public welfare, prison medical records, records from an attorney, or any other place that may have additional records about your disability needs.
The date your medical condition began and how it affects your ability to work
Types of jobs you have had over the 15 years prior to you becoming unable to work because of your condition
Types of duties you had on the longest-standing job from your list
Highest grade in school completed and any special education including the dates, school name, city, and state
Names of any special job training schools, trade schools, or vocational schools, along with dates of completed course work.

Although this can be a painstakingly long process to collect all of this information, the more thorough you are with the information provided, the more likely your case is to be accepted. Providing additional information could also affect the amount of Social Security Income you are awarded should your application be accepted.

Contact a Disability Lawyer for Help with Your SSDI Application

Working with an attorney experienced in disability law can ensure that your SSDI application is as complete and thorough as possible. Application denials can, in some cases, result in months of waiting for an appeal. The attorneys at the Law Offices of Karen Kraus Bill are ready to assist you today. Contact us today for a free evaluation.

Applying for Social Security Disability Insurance (SSDI) is a lengthy and complex process. The Social Security Administration (SSA) has a set of strict requirements for applications and approvals. Having a lawyer for a social security disability appeal can help you get approved if you have previously been denied SSDI.

SSDI Cases Are Often Denied Initially

While this may not be the news you are looking for, a large portion of SSDI applications are denied. The SSA denied an average of 67% of the claims submitted in 2021. This number varies throughout the years, but don’t let this statistic discourage you. Some denials are for medical reasons, while others are for non-medical reasons. It is not the end of the road if you are denied SSDI. Hiring a lawyer for social security disability appeal will make the process go smoother and increase the likelihood that you will be approved.

The SSDI Appeals Process Is Complex

If your application for SSDI benefits is denied, you have the right to make an appeal. According to the SSA, there are four levels in the appeals process:

Reconsideration by the state Disability Determination Services (DDS)
A hearing by an Administrative Law Judge (ALJ)
Review by the Appeals Council
A federal court review

Reconsideration By The State DDS

This is the first step of the SSDI appeal process. During the reconsideration step, your case will be reviewed in a similar manner as the initial review. A disability examiner and medical team will thoroughly examine the information while allowing you to provide additional evidence to support your application. Your claim could be approved during this first appeal if you were simply missing some medical records or other supporting documents.

ALJ Hearing

If your SSDI application is still not approved, you can request a hearing before the ALJ. During this hearing, you will have the opportunity to testify regarding your case. A judge will ask you and any medical experts questions about your condition. A vocational expert will also evaluate hypothetical questions asked by the judge. If you reach this step in the appeal process, it is crucial to have the support of a disability attorney to help you prepare for the hearing.

Appeals Council Review

If you are not satisfied with the decision made during the ALJ hearing, you can request a review by the Appeals Council (AC). This council consists of appeals judges responsible for considering all evidence submitted along with the ALJ’s findings. At this point, the council can either deny, grant, or dismiss the review request. The AC can then modify, uphold, or reverse the actions of the judge. It can also remand the case for another ALJ hearing.

Federal Court Review

Once you have the Appeals Council’s decision, you can file action in a federal district court within 60 days. If you are still not approved for SSDI, you can take your case to the U.S. Circuit Court of Appeals.

Hiring a Lawyer for Social Security Disability Appeal

As you can see, the appeals process requires legal expertise. Hiring a lawyer for a social security disability appeal will significantly increase your chances of being approved and take much of the pressure off of you. From organizing documents, to appearing in court, to an overarching knowledge and expertise in disability law, a disability attorney is going to be by your side throughout the process, giving you peace of mind and a much higher chance of successfully appealing.

Call The Law Offices of Karen Kraus Bill

The disability attorneys at the Law Offices of Karen Kraus Bill are very experienced in the SSDI application and appeal process. We understand that this is a complicated process and can be intimidating for some people. We offer assistance at every step of the process. We can help you gather documentation, organize your appeal, and prepare you for any hearings. If you have been denied, don’t hesitate to schedule a free evaluation today to see how we can help.

Social Security Disability Insurance (SSDI) is a federal insurance program used by qualified workers who can no longer work. Those who qualify and are insured under the SSDI program will receive an SSDI payment each month. So, what is the average SSDI payment qualifying participants can expect?

How Are SSDI Benefits Calculated?

The Social Security Administration has a system to calculate your benefits called the Average Indexed Monthly Earnings (AIME) and the Primary Insurance Amount (PIS). Is it a complex formula that is difficult to use to calculate your expected benefits on your own, but the SSA can give you an estimate.

Average Indexed Monthly Earnings (AIME)

This is a tool the SSA uses to index your lifetime earnings. During this process, they account for up to 35 years of your working years, along with the increase in general wages that happened during those years. This is to ensure that your future payments mirror this rise. The SSA will use the years you have the highest indexed earnings and calculate the average earnings, and then round down to reach your AIME.

Primary Insurance Amount (PIA)

The PIA is the base amount of benefits you will receive. Using the total of three fixed percentages from your AIME, the SSA will determine your PIA. As an example, someone who becomes eligible for SSDI benefits in 2021 may be calculated like this:

90% of the first $996 of AIME
32% of the AIME over $996 through $6,002, and
15% of the AIME over $6,002

Average SSDI Payment Amounts

If you are eligible for SSDI benefits, your amount is not based on how much income you have but on your average lifetime earnings before your disability began. The average SSDI payment amount for 2021 is about $1,277. The highest monthly SSDI payment you can receive in 2021 at full retirement age is $3,148.

Why Is My SSDI Payment Low?

Your benefits amount may be reduced if you receive other disability payments such as a worker’s compensation settlement. Reductions like this are referred to as “offsets.” However, most other disability benefits will not affect your average SSDI payment, such as payments from private insurance or veterans benefits. If you haven’t worked many years, if you have gaps in your work history, or if you have several years with low earnings your benefit amount may be lower than average.

Get Help Applying for SSDI Benefits Today

Applying for SSDI benefits is a challenging task and is best handled with the assistance of a skilled disability attorney. The SSDI lawyers at the Law Offices of Karen Kraus Bill will ensure your records are in order so your application is as strong as it can be. We will help you avoid unnecessary delays and increase your chances of winning the benefits you need and deserve. Call our office today to learn more or to schedule a free evaluation.

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