In order to establish a claim for Social Security disability insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits, it’s necessary that you prove you are likely to remain totally disabled from all forms of gainful employment despite prescribed treatment for a year or longer. With the state of managed care through one’s own health insurance coverage, not to mention the state of the current Social Security regulations and the availability of treatment providers, it has become increasingly more difficult to prove a mental health disability claim. Continue Reading ›
Articles Posted in SSDI
Under What Circumstances Your Social Security Hearing Request May Be Expedited
The waiting time for those who have requested a hearing before an Administrative Law Judge has only increased over the last few years. While those in Maine, Massachusetts and New Hampshire, that is, Region 1, were waiting the least amount of time when compared to the rest of the country, and were waiting approximately 1 year from time the request for hearing was submitted until such time as the hearing, the wait time can now be up to close to a year and a half. Having a lawyer who understands under what circumstances your case might qualify for expedited processing can prove critical. Continue Reading ›
The Vocational Analysis Administrative Law Judges Undertake at Hearing
There is a common misconception among many Social Security disability claimants that disability benefits are payable if they remain unable to perform the work that they’ve undertaken for years. We hear this from skilled professionals who suffer from severe mental health problems and, as a result, believe they remain unable to return to the stress and strain associated with the requirements of their prior profession. Likewise, we hear this from those who have worked more labor intensive positions, such as in construction or, for example, as auto mechanics. We are many times facing the uncomfortable position of having to explain to a disabled individual that the Social Security disability program is not meant to provide benefits in a circumstance where they remain incapable of working the profession that has formerly paid them a comfortable salary: rather it is meant to provide compensation in a circumstance where they remain no longer capable of working at any job for which they are reasonably suited by age, education or experience and can earn a gainful wage, which in 2016 is defined as the ability to earn simply $1130 per month. Having to explain the evaluation process the Administrative Law Judge (ALJ) undergoes at hearing can be just as difficult. Continue Reading ›
Whether to Appeal Your Social Security Disability Claim or Refile in Massachusetts
Many individuals applying for Social Security disability benefits in Massachusetts are denied on their initial application. What is not commonly understood, however, is that it may not always be in your best interest to appeal your denial: whether you are denied on your initial claim or denied on reconsideration. We’ll attempt to provide some guidance in this article as to some of the considerations you should have when deciding whether to appeal. Continue Reading ›
Social Security Disability Insurance Work Credits and One’s Date Last Insured
When considering an application for Social Security Disability Insurance benefits in Massachusetts and throughout New England, it’s important to understand what the Social Security Administration is referring to when they mention your date last insured as this may directly impact your ability to collect benefits. There are two type of Social Security disability benefits provided for by Federal law: 1) Social Security disability insurance benefits, otherwise known as Title II benefits or SSDI, that one pays for through tax contributions, and Supplement Security Income, otherwise known as Title XVI benefits and 2) SSI benefits, which are a form of federal welfare benefit based on need. In order to quality for SSDI benefits, it is necessary to show that you have acquired sufficient quarters of coverage in order to qualify for a benefit and that you remain “insured” at the time you become disabled from working. Understanding what this term means, is quite important. Continue Reading ›
Understanding the SSDI Grids
An individual may qualify to receive benefits through the Social Security Disability Insurance (SSDI) program in several ways. One way is to demonstrate that they are suffering from one or more medical impairments identified by the Social Security Administration (SSA) in its official listing of impairments, commonly known as the Blue Book, and that their condition meets the criteria set forth in the particular listed impairment. Even if a claimant cannot point to any of the Blue Book impairments that they either “meet or equal in severity,” the Social Security Administration will undertake the next steps in their sequential evaluation process. Step 4 of the 5 step evaluation process requires the Social Security Administration to determine whether one is capable of performing any of their “past relevant work,” which is defined as any of the past types of work they had performed in the 15 years prior to becoming disabled. If one is determined to be capable of performing their past relevant work, they would be deemed to be not qualified for disability benefits (and would be denied benefits). Assuming, however, the SSA determines one remains incapable of performing their past relevant work, they are required to turn to step 5 of the sequential evaluation process and determine whether the claimant is capable of performing any jobs that exist in the national economy that exist in significant numbers in either their region or other regions of the country. As part of undertaking this analysis, the Social Security Administration will turn to a set of rules called the “SSDI grids” to help them determine in what way one’s age may play a role in making a transfer to other forms of gainful employment unlikely (thereby calling for a finding of disabled under Social Security’s rules). The grids establish guidelines for determining whether a person is disabled based on five factors: age, capacity to work, education, skill level, and transferability of skills.
The Blue Book and the SSDI grids are the two methods used by the SSA to determine whether a claimant meets the “disability” criteria for SSDI eligibility. The two systems are laid out in the SSA’s regulations in Title 20 of the Code of Federal Regulations, in Subpart P of Part 404. Appendix 1 to Subpart P contains the listing of impairments. Appendix 2 describes the grids, formally known as the “Medical-Vocational Guidelines.”
Age Groups
The SSA divides claimants into four age groups for purposes of the SSDI grids:
– Younger individuals: ages 18 to 49;
– Closely approaching advanced age: ages 50 to 54;
– Advanced age: ages 55 to 59; and
– Closely approaching retirement age: ages 60 and up.
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SSDI Work Credits: What Are They?
In order to be eligible to receive Social Security Disability Insurance (SSDI) benefits in Massachusetts and other states around the country, you must be able to demonstrate that you meet the work history requirements established by the Social Security Administration (SSA). You must have worked, and paid into the Social Security system through payroll taxes, for a certain length of time over the course of your life. The SSA assigns “work credits” to people, which enable it to determine whether a claimant is eligible for benefits. The number of work credits a claimant needs varies based on age. The SSA periodically adjusts annually the income requirements necessary to earn a quarter of coverage.
How the SSA Measures Work Time
The SSA measures people’s work history in three-month periods known as “quarters.” These are the same quarters used in business planning and accounting, with January through March being the first quarter of the calendar year, and October through December being the fourth.
People receive “work credits,” also known as “quarters of coverage” or “QCs,” from the SSA for each quarter they work and earn above a certain amount. They may receive a maximum of four work credits per calendar year. The maximum number a person will need over their lifetime is 40 work credits, or 10 years of qualifying work. Claimants can demonstrate their work and payroll tax history with copies of tax documents such as a Form W-2.
Am I Eligible for SSDI if I Am Self-Employed?
In order to receive benefits through the Social Security Disability Insurance (SSDI) program, a person must establish both (1) that they are eligible for benefits, and (2) that they have a disability that precludes gainful employment for at least a year. Eligibility is based on the amount of time a person has been employed and has paid into the Social Security system, usually through payroll taxes. People who are employed by a business, organization, or individual can often establish the amount of time they have worked with documents such as W-2 forms, pay stubs, and tax returns. Self-employed individuals do not always have the same documents to establish their employment history, but they can still demonstrate eligibility for SSDI benefits. Likewise, they can meet the second main requirement for SSDI by showing that their disability precludes them from either their normal gainful self-employment or other forms of gainful employment.
How Payroll Taxes Fund Social Security Benefits
When a person has an employer, they typically only pay one-half of their payroll tax liability. The employer withholds payroll taxes from their paychecks and matches that amount. It then pays the taxes directly to the Internal Revenue Service (IRS). At the end of each tax year, the employer reports the person’s wages and taxes to the Social Security Administration (SSA). A self-employed person is responsible for paying their entire payroll tax liability.
The Differences between SSI and SSDI in New Hampshire and Nationwide
The term “Social Security” can refer to several different types of benefits paid by the Social Security Administration (SSA). The agency is perhaps best known for its retirement and disability benefits programs. The Old Age, Survivors and Disability Insurance (OASDI) program includes the SSA’s retirement program and the Social Security Disability Insurance (SSDI) program. The SSA maintains another benefits program that may be available to disabled individuals, known as Supplemental Security Income (SSI). Since the abbreviations “SSDI” and “SSI” are nearly identical, some confusion quite understandably exists about the two programs and how they are different from each other. Disabled individuals in Massachusetts and elsewhere around the country should be familiar with how each program might benefit them.
Work History
Eligibility for SSDI benefits depends on a claimant’s work history. Claimants must show that they are “insured” by the program through their payroll tax contributions. The SSA typically measures work history in yearly quarters. A claimant must have worked a certain minimum number of quarters in their lifetime—at least six (and this is the bare minimum, with the minimum number depending on a variety of factors for each individual, including but not limited to one’s age) —to be “fully insured.” They must also be “currently insured,” meaning that they worked a certain number of quarters immediately prior to the month they became disabled. The number of quarters largely depends on the claimant’s age at the time of his or her disability.
The SSI program, meanwhile, has no work (and earned quarters of coverage) requirements. SSI benefits therefore might be available to people who do not have enough work history to qualify for SSDI or who may never have worked previously.
What is SSDI? An Overview for Residents of Massachusetts and Other States
What is SSDI? An Overview for Residents of Massachusetts and Other States
Social Security Disability Insurance (SSDI) is a government program enacted to assist people who are unable to work due to serious and long-term physical or mental disabilities. The program aims to address the needs of injured individuals and their families who are struggling with finances as a result of their inability to work. SSDI is funded with Federal Insurance Contributions Act (FICA) taxes, which are paid by both employees and employers from their payroll taxes.
Federal SSDI Benefits
SSDI benefits consist of monthly payments for individuals who have worked in a job covered by Social Security and who meet the federal definition of “disabled.” These federal benefits are available to residents of every U.S. state, including Massachusetts, New Hampshire, and Maine. Specifically, the Social Security Act provides that the worker must be unable to engage in any substantial gainful activity due to a medically determinable physical or mental impairment that is expected to last for a continuous period of at least one year or result in death. Generally, if a worker is earning more than a certain amount of money each month, he or she may be considered to be engaged in substantial gainful activity. For 2015, that amount is $1,090 (net of disability-related work expenses) for workers who are not blind, and $1,820 (net of disability-related work expenses) for workers who are blind. These amounts have historically increased for each passing year. If the Social Security Administration (SSA) determines that an applicant is engaged in substantial gainful activity they will deny SSDI benefits.