What kinds of Social Security disability benefits are there?

By / March 3, 2016 / SSD Basic Facts / 120 Comments

Learn about the requirements for eligibility for Social Security Disability, and about the three groups of people who may be qualify.

Three Groups of Disabled People May Qualify for Benefits
Three different groups of people may meet the requirements for eligibility for Social Security Disability benefits.

Disability Benefits for Disabled Workers
The first type of benefit is paid to disabled workers who have enough work credits to be insured for Social Security Disability. Work credits are earned by working in jobs that are subject to Social Security taxes. The number of work credits required and when you have to earn the credits depends on your age when you become disabled. The older you are, the more credits you need. You can get more information about becoming insured for Social Security Disability by viewing our article How many Social Security-covered work credits do I need to get Social Security Disability Insurance?

Disability Benefits for Disabled Widows and Widowers and Disabled Surviving Divorced Spouses
The second type of disability benefit is for widows and widowers who become disabled within a certain time frame and who have not remarried prior to age fifty. To be eligible, your deceased spouse had to be insured under Social Security, and your disability has to have begun within seven years of the death of your spouse, or within seven years of your prior entitlement to certain Social Security benefits.

Disabled surviving divorced spouses who were married to an insured worker for more than ten years are eligible under the same rules as widows and widowers. It is interesting to note that a disabled widow or widower and a disabled surviving divorced spouse can receive benefits at the same time without affecting the amount of each other’s benefit.

Disability Benefits for Disabled Adult Children
The fourth and last group of people who may be eligible for Social Security disability benefits are disabled adult children of an insured worker who is deceased or who is receiving Social Security benefits. Disabled adult children must become disabled prior to age twenty-two and, with few exceptions, must be unmarried.

To determine your eligibility for Social Security Disability, contact the Social Security Administration or a Social Security attorney to file a disability claim. More information about filing a Social Security Disability application is available in our articles When Should I File My Social Security Disability Application? and How Do I File an Application for Social Security Disability Benefits? For information on how Social Security attorneys get paid, see our article How Do Social Security Disability Attorneys Get Paid for Representing You in Your Disability Claim?

What kinds of Social Security disability benefits are there?
3 (60%) 2 votes

  • Dear Keshara,

    The discussion of payment might be a clue to indicate that the decision that is being reviewed was an approval.

    Sincerely,
    Kay

  • Dear Keshara,

    You do not have enough information to know whether the decision being reviewed was a Supplemental Security Income (SSI) approval or a denial as both are sent back to the local office.

    Sincerely,
    Kay

  • Dear Art,

    Surviving spouse’s benefit are reduced if taken before full retirement age and the reduction can be quite large if you are only in your fifties or early sixties. You will not be eligible for benefits on your wife’s record until if and when her benefit is higher than yours. There is one circumstance that I can think of when that would happen. It is possible that when you reach full retirement age and are eligible for full unreduced widowers benefits, that benefit could be higher than yours. If so, you could switch benefits at that time.

    Sincerely,
    Kay

  • Dear Deb,

    It would appear that you are not eligible for any federal disability programs. SSDI is intended to replace part of earnings lost due to disability due to having to stop work due to disability. As you describe your situation you are not eligible for Social Security Disability because you did not work or worked little in the ten years Social Security.If Social Security was given the correct amount of your husband’s wages and you reported the correct number of children in the household, it would be correct that you are not eligible for Supplemental Security Income (SSI), which is a need-based public assistance program for disabled and aged people with low family income.

    Sincerely,
    Kay

  • Keshara Ridley

    I had a stroke in October and they now sending me to a CE for a physical exam. My right side was effect. I can barely walk I use a can and hand does not move but a little. No feeling in fingers or toes. Pain in shoulder and elbow and need assistance with putting clothes on, bathing, preparing food. What are my chances on a favorable decision on my reconsideration claim. My original claim was for mental illness but had a stroke about 6 months later.

    • Dear Keshara,

      If your claim is for Social Security Disability and your are still insured for benefits when you had the stroke, I would expect your claim to be approved at least based on the stroke. The only question would be whether disability would last twelve months. If your claim is for Supplemental Security Income, you do not need work credits and potential approval would be likely if you are not expected to regain a significant amount of function in the next eight months.

      Sincerely,
      Kay

  • Keshara Ridley

    I wondered if my message been received.

    • Dear Keshara,

      Please see my response of a few minutes ago to your other post.

      Sincerely,
      Kay

  • You are welcome, Tamana.

  • Dear Tamana,

    A consultative examination being requested the the judge is not common, but it does occur from time to time when the judge wants more medical information and it is not available in the claimant’s medical records.

    Sincerely,
    Kay

    • Tamana

      Thank You So Much Kay For Taking Time To Answering My Questions

  • Dear Tamana,

    Your comments will not show until I have answered them. Answers are usually posted within 24 to 72 hours.

    Sincerely,
    Kay

  • Dear Tamana,

    Please see my response to your first post.

    Sincerely,
    Kay

  • Dear Tamana,

    Your own doctors not supporting your claim will not by itself cause your claim to be denied. If the claim file has enough other documentation to support that you have the limitations you claim and that the judge asked the vocational expert to comment on, your claim will be approved.

    Sincerely,
    Kay

  • Dear Sharon,

    If you have a question, please post it and I will try to respond.

    Sincerely,
    Kay

  • Dear Sharon,

    If you earn less than $1,170 gross per month, working may not have an adverse affect on your appeal. You do need to report the work. When you report, you can also report any difficulty you are having in working and that you are forcing yourself to try to work due to impending eviction.

    Sincerely,
    Kay

  • Dear Sharon,

    You do not say whether you are receiving benefits or have a pending claim. If you work part-time and earn less than $1,170 gross per month, your work activity probably will not affect your claim (but you do have to report the work).

    Sincerely,
    Kay

  • Dear Sharon,

    If you have had the hearing already, I would recommend waiting until you get the decision to work. If you are still waiting for a hearing date, working part-time and grossing less than $1,170 may not affect your claim. If you do work, you need to report it to your local office, which will report it to the hearing office.

    Sincerely,
    Kay

  • Dear Denise,

    If your only work is the three years you mention, you would not have enough work for Social Security Disability (SSD aka SSDI) benefits. If your income and assets (and your spouse’s if you are married) are within the Supplemental Security Income (SSI) limits, you could receive SSI if you meet the medical requirements for disability. Both SSDI and SSI are federal government programs. If you work for your state and the state has a pension plan, check with your employer or the state to find out whether you qualify for a pension.

    Sincerely,
    Kay

  • Dear Joel,

    To be eligible for Social Security Disability (SSDI) you have to have sufficient work credits including in the ten years before disability began. Work credits are obtained by working and paying Social Security taxes on the earnings. When you applied for SSI, you would have been screened for eligibility for Social Security Disability (SSDI). Given that you apparently applied five years or more after you had last worked, you could not have been currently insured for SSDI at the time of application and you would have had to prove that you became disabled while still insured.

    If you want to double check the possibility of a successful claim, you could check your earnings statement to find out the date you were last insured. If you were disabled on or before that date and you can get your mental health records from then to prove it, you could file an application. You can get your earnings statement, called a Social Security Statement, by setting up a “My Social Security” account on the SSA website, http://www.ssa.gov, and requesting the statement.

    Sincerely,
    Kay

  • John

    I am a 47-year-old public school teacher in Texas and have been teaching for 9 years. I worked in another career field for more than 40 quarters before becoming a teacher. I was diagnosed with chondrosarcoma (a type of bone cancer) in 2009 and had a hemipelvectomy to remove the cancer. No reconstruction was done, resulting in an internal amputation. I have been on crutches ever since. In 2013, I had a recurrence in my lungs and underwent wedge resection surgery to remove the tumors.That is considered distant metastasis, so my cancer us now stage III, the final stage for chondrosarcoma. Although I have continued teaching, back and arm issues resulting from long-term crutch use are making my job increasingly difficult and self-destructive. Can you please advise regarding disability options via SSDI and/or conflicts with TRS? Also, wI’ll the fact that I have continued wring have any bearing on eligibility?

    Best regards and thanks in advance.

    • Kay Derochie

      Dear John,

      As soon as you are no longer working and earning $1,130 gross per month ($1,170 in 2017), you can apply for Social Security Disability (SSDI) benefits if your current TRS work is also subject to Social Security (FICA) taxes. If it is, you will be currently insured for SSDI (you must have 20 quarters of coverage in the last ten years) and there will be no conflict between SSDI and TRS retirement.

      With your having a school district for an employer, I would expect that you would be covered by an employer-sponsored short-term disability (STD) and/or long-term disability (LTD) insurance plan. If you are, the LTD would likely be reduced once the SSDI started, but even so, your total income could be more than the LTD alone if it has a minimum benefit. You can check with your employer’s benefit department about STD and LTD. Your pay stubs will tell you whether your earnings have FICA withheld.

      Sincerely,
      Kay

      • Hi, Kay.

        I really need some advice. I applied for Social Security Disability 2 years ago due to a right total knee replacement that had lot of complications and pain (I support developmentally disabled individuals residentially). I take a significant amount of Dilaudid to continue working. I worked 7 days a week for 11 years in Massachusetts in this same career field – Human Services. My partner and I moved to Virginia in February of 2014 due to her father’s sudden death from an aneurysm in November of 2013. After two unsuccessful work attempts at Dollar Tree and Subway, I applied for disability in January of 2015. I was denied my first attempt. I appealed my first attempt in August of 2015. I heard nothing from Social Security. Kept waiting…just because you are disabled does NOT mean you don’t like nice things or that your bills cease appearing in your mail box. In October of 2015, I found a wonderful job supporting the developmentally disabled residentially. I began at $9.18/hr.(which is fantastic for Virginia, trust me), and, in April of 2016, after the completion of a very favorable 6 month probationary period, I received a raise of $1.00/hr., bringing my rate of pay up to $10.18/hr. In July of 2016, individuals who are employed by agencies who provide supports to disabled individuals were given a 3.5% salary increase in response to Maryland’s minimum wage increase in 2014. Then, I get a letter on August 3, 2016 notifying me of my disability benefits award, to begin in February of 2017, five calendar months after my determined onset of disability date, 7/24/16. When I first applied and did the long intake interview, my SS representative at the county level explained that Subway and Dollar Tree were considered unsuccessful work attempts. During this time, I was NOT working. Really hard on my bottom line and the family’s finances. She mentioned the phrase SGA and explained I could not (and the words on SS’s actual website says “bringing in”) bring in more than $1,130.00/month. To me, “earn” and “bring in” means what I get after Uncle Sam takes his hunk. What I get to live on/pay bills, etc. Never, EVER did she use the word “Gross” when referring to the amount $1,130./month, which, apparently, is how the government in general, and Social Security in particular, operates. I mean, never ever. I sent her every single pay stub. I certainly exceeded that amount while waiting to hear back from SS. I was declared disabled on 7/24/16. Received my award letter on 8/3/16. After my representative called me a couple of times, I was finally able to tweak my schedule and get down to exactly $535.00/2 wks., a total of EXACTLY $1,130.00. Then she uses the word “Gross.” I was SOOOOO angry. I’ve waited two years for those benefits, which, thanks to my steady 30 employment tenure, will be $1, 278.00/month. Also…and here is the gist..I am NOT doing more, I’m making more now than when I started in October of 2015. In fact, two pay raises during my first year. In fact, in the home with the four mildly intellectually disabled, a profoundly wheelchair bound client has recently received funds for a direct support 1:1 male staff (all female staff in the home) to provide care. Also, I am now on the overnight shift only, working three days a week, Saturday evening, 8 p.m. to 9 a.m., Sunday night 8 p.m. to 9 a.m. Monday morning. Then, on Monday night, I support three mildly disabled women at another residence from 10:45 p.m. until 9.00a.m. My shifts overnight consist of MAXIMUM 2 hours on my feet..the rest of the evening can be spent in a recliner with my legs up. Please help. I don’t work more, I make more. I can’t get my supervisor to cut my hours to specifically meet MY needs..I provide ESSENTIAL supports to disabled individuals, and they have been exceedingly accommodating by putting me on an easier shift with more independent clients. When I quit, ideally, I’d like to put in a month’s notice and work it out, maybe in December our January. I’d appreciate your insight. Thank you SO much, Kay.

        • Kay Derochie

          Dear Donna,

          Based on the information you are providing, you may not have been disabled as defined by Social Security law since October 2015, when you began to perform substantial gainful activity (SGA). (It is correct that in 2016 gross earnings of $1,130 or more usually mean performing SGA and in 2015 $1,090 gross wages or net self-employment usually means SGA.

          You received an approval with an established disability date of June 2016; however, apparently, the medical eligibility determination was made without knowledge of your work activity or the scope of your work activity. Once your work earnings are reviewed, the approval may be reopened and your claim may be denied. Be aware that in this circumstance, you might quit your job and not get benefits.

          If you had been found disabled from the time you had the knee surgery with the retail jobs determined to be unsuccessful work attempts, your work from October 2015 through June 2016 might have been applied to a nine-month Trial Work Period (TWP), so that you would be paid for all those TWP months. In that circumstance, you would not be eligible for benefits for any months time after the TWP up to present because you have been performing SGA. In that scenario, stopping work in December or January, as you suggest, would allow benefits to start again because you would be in the Extended Period of Disability. You can read about these work incentives in Social Security’s Red Book, which is online at http://www.ssa.gov.

          It may be to your advantage to discuss your claim with an attorney to determine whether it would be better to appeal the established date of disability now in order to perhaps get a Trial Work Period or it would be better to wait to see if you get a revised determination.

          Sincerely,
          Kay

  • I don’t no if I’m in the right spot to leave a comment if I’m in wrong spot I appoligize,my question is I’m receiving SSI 733.00 a month I live in my home and own it ,my son and his wife and 3 children need a place to stay can they live with me and if so can they pay total electric bill and total water bill and we purchase our own food

    • Kay Derochie

      Dear Linda,

      In order for your SSI not to be reduced, you need to pay your share of shelter expenses. Stated the other way around, your son’s family cannot pay more than their share. Your share is the total expenses divided by the number of people in the household (6 with your son’s family). Shelter expenses are shelter utilities (power, heat, water/sewer, and garbage) and mortgage, property tax, and if required by a lender, property insurance.

      Sincerely,
      Kay

  • Vinny

    Kay,
    I have an array of issues starting with three bulging disc in my neck and three in my back after having a spinal fusion bc of a severe herniation and a disc replaced in my neck and a diagnosis of congenital spinal stenosis by CT scan and several other nerve impingements, I was denield twice and have been waiting for my appeal hearing received a letter in the mail that my file was transferred out of state for VTC, does that start my waiting period over? and with all the pain and medications I take including the fact I was just diagnosed with type 2 diabetes will I be approved Im only 36 years old? Also is there anyway I can ask my case be reviewed since the congental spinal stinoses is kinda new finding?

    • Kay Derochie

      Dear Vinny,

      The purpose the scheduling a video tele-conference from a different hearing office instead of an in-person hearing is to shorten the time you have to wait for the hearing, so it will not start the waiting period over again. Having a diagnosis of type-2 diabetes or a congenital condition is not necessarily disabling. What matters is how much all your conditions limit your ability to work. At your young age, you must be unable to work in any occupation that you could otherwise perform if you did not have your medical conditions.

      It might be helpful to get an experienced Social Security attorney for assistance with the appeal.
      When you hire a Social Security attorney, you do not have to pay any legal fees up front and you will pay attorney fees only if you are approved for benefits. Social Security law sets the amount your attorney can charge, and the Social Security Administration pays the attorney directly from your retroactive award before they send your back pay to you.

      Sincerely,
      Kay

  • Dee

    Hello, we have two adult disable children. They both receive SSI. They have been receiving SSI before they finished high school. They each receive $733.00 a month. I do not work I have been a housewife/stay at home mom forever. My husband/dad has been working most of his life. My husband/dad has recently become disable. Our question is if he files for SSD and receive it will it effect our children benefits?

    • Kay Derochie

      Dear Dee,

      If your adult children are eligible for dependent benefits on their father’s earnings record, Supplemental Security Income (SSI) law requires them to apply for the benefits. Entitlement to dependent benefits would change the amount of SSI they are eligible for. If each of their dependent benefits is less than $753, they will be eligible for some SSI.

      Sincerely,
      Kay

  • Essie

    Hi Kay,

    I figured out how to post a new comment so please disregard my comment under Michelle Jones’ post of 5/24.

    I had a hearing with an ALJ on May 24th. It lasted about an hour and a half. I did not have legal representation.

    During the hearing, the Judge posed only one hypothetical to the VE, who in turn, said there are no jobs I can perform given my disabling condition.

    Two weeks after the hearing I received a letter from ODAR requesting a consultative examination with an orthopedic doctor (even though the Judge already has the most current records from the treating orthopedic surgeon.)

    I attended the examination and the independent doctor concurred with my treating doctor’s diagnosis, and submitted his report to the Judge.

    In the interim, I was also advised by ODAR that the Judge is requesting earnings records from past employers.

    Given the VE’s testimony, and the independent doctor’s opinion, I would think that I would receive a favorable decision, but the fact that she’s requesting earnings records at this point is throwing me off…

    How would you interpret this situation? Please advise and thank you in advance!

    Essie

    • Kay Derochie

      Dear Essie,

      Please see my reply under your first post.

      Thank you,
      Kay

      • Essie

        Thank you so much for replying! I will comment with more information shortly. Thanks again!

        • Essie

          There is no button to reply to your comment on my first post so here goes…

          Hello again Kay,

          I received disability benefits for several years, but my benefits were terminated in 2011, following a medical review. I didn’t fight it at the time because I had financial support, and I thought I might be able to work. Unfortunately, every attempt since then has failed as I have limited range of motion in my right arm.

          I applied for reinstatement on 6/24/2014, and received 6 months of provisional benefits while my case was being reviewed. I was later denied. My request for reconsideration was also denied.

          I filed my appeal on 12/1/14. I worked 3 weeks in 2012, 5 months (part time) in 2013, 3 weeks in 2014, and 3 weeks in 2015. The Judge is requesting earnings records for 2013 and 2015 directly from the employers, even though the social security queries in my file have all the earnings listed.

          Also, when I applied in June of 2014, and described my failed work attempts to the representative, she chose an onset date 1/1/2013.

          Does the fact that the Judge is requesting earnings records mean I am approved and the Judge is trying to calculate the onset date, and determine whether to issue a fully favorable or partially favorable decision?

          Please advise… Thank you in advance!

          Essie

          • Kay Derochie

            Dear Essie,

            The work you describe should be treated as unsuccessful work attempts. I can’t say for sure what the judge is doing; but, yes, it is likely that he is examining work periods and earnings to establish a date of disability. To be approved, the date he establishes has to be while you were still insured for disability benefits.

            Sincerely,
            Kay

        • Kay Derochie

          You are welcome, Essie.

          • Essie

            Hi Kay,

            I really hope that’s the case. This particular Judge’s current stats are showing a 16% approval rate 🙁

            I’m concerned because the 2013 wages were from a large corporation that outsources their payroll, and from what I can tell, it will be impossible to obtain records…

            How long could a Judge keep a file open waiting on records? Is there a time frame/deadline for a file to be closed after a hearing?

            Would it help me, or hurt for me to offer the Judge’s clerk copies of my pay stubs for the period in question?

            I just need this to be done already. I don’t know how much longer I can hang on…

            Thanks in advance!

            Essie

            • Kay Derochie

              Dear Essie,

              I would check with the company and get an estimate of how long it could take to get the records. Then I’d submit copies of the pay stubs with a statement about what the corporation says about availability of the records and how long it will take to get them. The judge might use your pay stubs.

              Sincerely,
              Kay

          • Can’t help to reply. Went through years of this. In the end after the judge denied the case, I kept on. With-out work at all. Their 8 or ninth opinion stated it was “Chronic pain syndrome ” and the Administration over ruled the judge after his secretary told me never stop “justice will win” Was awarded but no back pay, seemed the military job had bigger payment, so had to exhaust that first. 20 years of rehabilitation and still disabled.
            The current:
            Now it’s another struggle over something the SS Dept messed up their-self. Now, trying to place blame on me to cover their own mistake.
            There are, disabled people whom out here, whom wish, want to try very hard to regain some financial independent status. They sure love to pluck your strings at any little thing. But, do you know??
            you can have an ABLE Account (ssa.gov website)up to $100,000 dollar in it ;your ok
            (Account for a Better Life ABLE) SSI OR SDI, DON’T count funds in this account as resources) Hence, you may add cash every month; not be penelized as a resource. But don’t walk out of a $10,000 home that needs serious repairs more than its worth, to go to college for A BETTER LIFE or you’ll be in trouble. Cant go to the doctor, can’t pay my medicare premium and now will live off no medicine n can’t pay for it next month but I get 430 from SDI n out of that has to come medicare 130 so I will live off 300 and be in a huge hardship.250 for rent can’t pay my car payment, car insurance so I won’t be driving to school now. So much for a better life huh? I can only go to school in two places. Where I am because they have the ab540 and Texas because I won’t have to wait another year,but there’s not a college that has the degree by my house.so ill be out again anyway. I’m not spring chicken I’m in my late 50s and yes I still have hope. It’s bad that deaf people have been treated horrible;they speak ASL n it’s now a requirement to have a degree to translate ASL. That’s my minor my major is ARN but going to change to MA too long to do what I want. I want to translate for the deaf in a hospital or medical field. I know asl but I need that degree now in 2016. Everyone that’s going to do ASL must go as far as BA BS depending on where you wish to work. To sad, the system still thinks deafness not a foreign language. If you can get a middle school credit as a language why not college credit?Continuing Ed, will not be apart of credit, so why waste the money.Wake up America there are many different languages ASL is one.
            (My 100%DISABLED) son from birth, is in my home with bills in his name too. He has a hard time living alone in an environment he’s not aware of. He grew up in this place.Left him for work one time and ended up in the hospital due to liver disorder and hands broken out so bad from nervous system. Like Panicking. He’s ok there ,but to up root him would cause a nightmare and extreme hardship on us. [Back to that office lady]…..
            Her answer” thats got nothing to due with you owing a home.”WOW! why not? They sure want to know who is,in my home.We talk, text or video sign everyday. I tell him were going to be back together soon.This is affecting us both now.his so upset.
            Now, the system failed again. To be told 1 year later you lied!!! Well not true the SSA SYSTEM has paper records for everything.They just want to pass the buck back to the disabled person to say its their fault.And also most of us have been on a lot of medicine so yes it could affect some things. I been told SSA office MUST send a written letter formal letter of any action change to the alleged issue, prior to sending out four or five reconcideration forms.
            Again I’ve called and found out by shock the next month money is not going to be available to me. No letter, no information about filing an appeal/waver nope. I was not told anything by this office lady whom I was talk at. Yes I was talk down and at, not with. I’ve been in this situation “only “in california for some reason. At least when I came here the first time, the person had total access to prior information about me n my case on computer. Once you change anything they tell you,we don’t keep the prior information on the computer. Hello! How can a Federal government agency tell this to a person? Oh dear, if this is true, our country is worse off than I even thought.
            If this is true,then I win by default. My current information was in the system when I came out of state and was awarded all my benifits by the office. And they had the correct dates I started to receive benifits along with current address and all information and my hone cars etc. about that in their computer. They up dated it removed it unbeknownst to me. I’m trusting my government to hire personnal who are trained to do their jobs effectively, as I had to when I worked for the government. I had responsibilities like anyone else.
            People need to get in the SSA website n start seeking out all the programs they do have
            SUPER Luck I’ve stop dropped and started praying about this. I feel like I’ve lost all rehabilitation I’ve went through n now all hope.
            God is my only resource and he can be a huge guide. I couldn’t find the paperwork for anything.then prayed for a few days then I tried again with him and pop it was right there. Stress is horrible and that’s not what I want. I’d rather stress over a test at school, than how am I going to finalize my life with dignity and a little comfort.
            Thanks for the thread

            • Kay Derochie

              Dear Justice,

              The only help I can provide is the suggestion to see whether you can get financial assistance in paying your Medicare premium. Information about Medicare premium assistance programs is available at http://www.medicare.gov.

              Sincerely,
              Kay

  • Robin Taylor

    Dear Kay,
    If I’m approved for Disability will I also receive a portion of my deceased husband’ Social Security? I applied for Disability in 3/2014 and became a Widow 12/2006.

    Thank you,

    • Kay Derochie

      Dear Robin,

      To receive disabled widow’s benefits you have to be at least fifty years old and you have to file an application. Depending on the amount of your own benefit and the amount of the widow’s benefit, which is reduced prior to full retirement age and substantially reduced at age fifty, it could be to your advantage to leave the widow’s benefit until you can receive 100% at your full retirement age. I suggest you discuss your options with a Social Security claims representative–not a service representative.

      Sincerely,
      Kay

      • Jessica

        I was found disabled starting the day my daughter was born. Social Security acknowledged this but because I work too much in a two month period ( I had to leave that job due to a hospitalization) during the ten years prior to applying I was denied SSDI but approved for for SSI. I was told there was nothing I could do to appeal. The rules are the rules. Is this correct? I had enough credits if they considerated me from that date but not the date I applied. I was too sick to understand the appeal and had no family to help or explain. Is there anything I can do now?

        • Kay Derochie

          Dear Jessica,

          I don’t fully understand what you are saying in your first sentence. Are you saying that you did not work enough in the ten years before your disability began or that you went back to work too long to have an earlier date of disability approved? Could you please explain a bit more fully and also provide the approximate dates of your applicatio and your denial, and the dates you returned to work. With this additional information, I might be able to offer some suggestions.

          Sincerely,
          Kay

    • Michelle Jones

      Hey Kay, I have been denied three times and I have a lawyer that appeal my case. I called my lawyer about a month ago and she said that they sent my medical records over to the judge. My question is how much longer do I have to wait for the judge to make a decision or a hearing

      • Kay Derochie

        Dear Michelle,

        In most areas of the country, it takes a year or more to get a hearing date after the hearing is requested.

        Sincerely,
        Kay

        • Essie

          Dear Kay,

          I had a hearing with an ALJ on May 24th. It lasted about an hour and a half. I did not have legal representation. The Judge posed only one hypothetical to the VE, who in turn, said there are no jobs I can perform given my disabling condition. Two weeks after the hearing I received a letter from the Judge’s clerk stating that the Judge requested a consultative examination with an orthopedic doctor (even though she already has the most current records from my treating ortho.) I attended the examination and the independent doctor concurred with my treating doctor, and submitted his report to the Judge. In the interim, I was also advised by ODAR that the Judge is requesting earnings records from past employers. Given the VE’s testimony, and the independent doctor’s opinion, I would think that I would receive a favorable decision, but the fact that she’s requesting earnings records at this point is throwing me off… How would you interpret this situation? Please advise and thank you in advance!

          Essie

          • Kay Derochie

            Dear Essie,

            I am a bit puzzled, too, unless you have done some work since the date you claimed as your disability date. If that is the case, the judge would need the information to determine whether your disability date is later than claimed or that your work was an unsuccessful work attempt. Or, possibly, she is checking from the local office the date you are last insured for Social Security Disability.

            Sincerely,
            Kay

    • Tina

      My 8 year old child’s father has applied for retirement benefits and will receive them beginning July 2016. When I called SSA to make sure he notified them they scheduled an appointment for me. I was told to have banking information at the time of interview. Is this just a formality since her dad is approved for retirement benefits already? How long will it take to receive benefits once my child’s interview/appt is over? Thanks in advance

      • Kay Derochie

        Dear Tina,

        The application you file for your child gathers additional information for the administration of the child’s claim, but the fact that the application was solicited indicates that she is eligible for benefits. It can take a while to get benefits started. If none have been received in two months, follow up with the local office for a status.

        Sincerely,
        Kay

  • jack C.

    My daughter is on SSDI she is 42. My son in-law is 52. He has been diasbled since high school. He worked 8 for 2 years 5 years ago. He is on SSI. Is he eligible for his own ssdi or as a dependent/spouse on my daughter’s SSDI

    • Kay Derochie

      Dear Jack,

      Based on the information you have provided your son-in-law is not insured for Social Security Disability on his own earnings record. If your daughter’s work history is sufficient to pay dependent benefits, he will be eligible for spouse’s benefits on your daughter’s record when he reaches age sixty-two (or now if he has a child of your daughter’s under age sixteen in his care).

      Sincerely,
      Kay

  • Nancey Dekle

    I am an adult disabled child living in Florida. My Mother recently applied for disability and my Father might be retiring soon. Since I don’t talk to either of them much, how will I know their status? And wont my benefits increase when they do start receiving their own?? Thank you.

    • Kay Derochie

      Dear Nancy,

      If you became disabled prior to age twenty-two and are unmarried you can apply for Childhood Disability Benefits on each of your parents earnings records once they have started to receive benefits. Any benefits payable to you will not reduce their benefits, so they may be willing to tell you when they become entitled. You will need their Social Security numbers and your birth certificate to apply.

      Sincerely,
      Kay

  • Dustie

    Hello, i have been disabled since 1991. I draw federal workers compensation which offsets my SSDI payments. I am 60 years old. I have Medicare Part A but did not sign up for Part B because i pay for an HMO through FEHB. My husband who is 66 cant draw social security or get medicare because he worked as a teacher for 35 yrs. and is under the Texas Teacher Retirement System ( TRS). He doesnt have enough of his own quarters to have medicare. If i have medicare Part A andcould have had Part B why cant my husband receive medicare since he is over 65 on my quarters? It says somewhere that i should have automatically been signed up for part A and Part B but i only have Part A. The SS people said he cant until i am 62. And that if i gave up my health insurance i pay for to start getting Medicare the medicare payments would be like 430.00 a month or so because i waited. He has recently been diagnosed with cancer and we desperately need him on Medicare to take him to a cancer specialty hospital in Houston ( the hosp. Doesnt take my insurance). Why cant he get Medicare since i have it and am eligible for Part B? We cant wait two years till i am 62. Any other suggestions welcome. Thank You-Dustie

    • Kay Derochie

      Dear Dustie,

      Your situation is complicated by the fact that your husband is getting government pension, which may make him ineligible for spouse’s benefits on your earnings record, which would in turn give him Medicare. If he were not, I would say he could draw spouse’s benefits now. If you only talked with a service representative, I suggest that you make an appointment with a claims representative to double check the information you are getting. Ask to be given a copy of the regulations that support the information.

      If he cannot draw benefits, I believe that he may be able to purchase Part A Medicare, which is ordinarily earned through work. However, he might not be able to do it now; he might have to wait for the annual open enrollment period that occurs at the end of the year. He has also missed the open enrollment for insurance under the Affordable Care Act. And, apparently, he did not get medical insurance as part of his TRS retirement package.

      I am not sure any of these ideas will help out, but I will mention them. First read everything on the Medicare website: http://www.medicare.gov to see if you can see any access he might have to Medicare Part A now. Next you might talk to the social worker at the hospital to see if any solutions can be found there. Most hospitals do some pro bono work.

      Lastly, it is correct that Medicare Part B premiums go up for every year you defer enrolling after you were first eligible. Also, I don’t think that your enrolling in Medicare will give your husband Medicare.

      Sincerely,
      Kay

  • worried Mom

    My son is 17 and was recently diagnosed with an incurable disease. He can’t attend school or work. Is he eligible for benefits or is it determined by my income and assets? I’m concerned about assets. I can’t afford to take care of him once child support ends. His medical expenses are already outrageous. Before his illness, his plan was to move out when he became an adult. That’s not possible now.

    • Kay Derochie

      Dear Worried Mom,

      As soon as your son turns eighteen, your income and assets do not affect your son’s financial eligibility for Supplemental Security Income (SSI) I suggest filing an application the month before he turns eighteen requesting his birth month to be the entitlement month. In most states if he is approved for SSI, he will also be eligible for Medicaid health insurance with no premium.

      Sincerely,
      Kay

    • Darlene

      Hi Kay

      I also couldn’t figure out how to post a question to you, my ex husband was just approved for SSDI He owes a considerable about in Child Support Arrears, registered with the State. My question is will I receive any part of his Lump Sum Payment and can they attach SSDI wages, as per California Law like they do with State Disability and State Unemployment Insurance?
      Thank you in advance

      • Kay Derochie

        Dear Darlene,

        Yes, Social Security Disability (SSDI) can be garnished both from back pay and ongoing benefits. Additionally, if the child or children were under age eighteen (or under nineteen if still in high school) during any months of his eligibility, they may be eligible for Social Security dependent benefits. You can find out by applying for benefits for them at your local Social Security office. If you have your ex’s Social Security number, take it with you.

        Sincerely,
        Kay

  • Sandra Gill

    My son has been receiving a disability check for two years. He has 4 children and having a hard time making ends meet. There is a possibility he can earn alittle money now and than by doing some paper work at home . He lives in Maryland how much can he earn and not loose his disability check.

    • Kay Derochie

      Dear Sandra,

      Social Security law offers various work incentives. Please let me know whether he receives Social Security Disability (SSDI) or Supplemental Security Income (SSI) because the incentives are different.

      Sincerely,
      Kay

  • Christina Alexander

    Hello,

    I really need some advice. My son got his first back pay for ssi in August. He was due his next installment in February. Now its March, I’ve been calling that 1800, they are not helpful. All I keep hearing its not released yet. Is there anything else I can do.I’m my sons payee

    • Kay Derochie

      Dear Christina,

      It might be more helpful to follow up to the local Social Security office, where the payment is authorized.

      Sincerely,
      Kay

  • Debra Price

    if I apply for ssd & get approved can my husband get benefits from It also he is disabled but does not have enough credits to qualify on his own de to working for himself. I am not sure how that worked.
    thank you.

    • Kay Derochie

      Dear Debra,

      If you receive Social Security Disability (SSD) benefits on your earnings record if your work history provides a family maximum benefit (FMB) higher than your benefit, which is called a primary insurance amount (PIA), and either he has reached age sixty-two or he has a child of yours under age sixteen in his care. You can find out your FMB and PIA by setting up a “My Social Security” account at http://www.ssa.gov and requesting an earnings statement.

      Sincerely,
      Kay

  • Jess

    Dear Kay,
    I applied for disability benefits in Sept 2014 after being hospitalized for the first time for schizophrenia. Oct 7th 2014 was my last official day as an employee of our local school district after 7yrs of employment with them. During my 7 yrs as a school district employee I paid into PERS (the school systems retirement program) and not social security. I had paid into social security in past employment prior to the district job. However, the majority of my income has come from my time in the school district. I am currently 32 yrs old. In April 2015 I received my denial from my Sept 2014 application. In May 2015 I submitted an appeal and finally today received my approval for SSI. I will receive my first payment Feb 1st 2016. My question is this, since I paid into PERS and not social security the last 7 yrs of employment, will I still be eligible to receive SSDI?

    • Kay Derochie

      Dear Jess,

      Unless you had another job simultaneously with your PERS job and the second job’s wages were taxed for Social Security, you are not insured for Social Security Disability (SSDI) because you must have insured work credits for half the time in the ten years before you became disabled. I suggest that you check to see if you are eligible for PERS disability.

      Sincerely,
      Kay

  • Lisa

    Also my invega is prescribed for the treatment of schizophrenia and schizoaffective disorder type mania bipolar

  • Lisa

    I ama 26 year old woman who suffers from bipolar which was first diagnosed as manic depressant in September 2003 , I have severe anxiety, PTSD panic disorder , and co occurring disorder dealing in methamphetamine my mental health counselor has said she believes I may be in the early onset stages of schitsophrenia first applied for ssd in 2012 and due to my witness not filling out the adult functioning form on my behalf. I have diagnosis from a spychiatrist, southern Oklahoma mental health and substance abuse services, the mental health clinic, my doctor with mental health, my regular childhood pcp at the age of 13, a neurologist. And the personnel at a drug rehab. I am currently medicated on 3 mg tabs of invega aka paliperidone suatenna and 50 mg tabs trazadone if I am approved this time by the way I refiled November the 2nd but if I’m approved will I get back pay to 2012 when I first filed or my original date of diagnosis since I was 13 when I was first diagnosed with bipolar

    • Kay Derochie

      Dear Lisa,

      If you are approved, benefits will be paid based on the current November 2015 application. Social Security benefits are limited to twelve months before the application and Supplemental Security Income benefits would begin December 2015. Do note that you may have to prove that you were disabled farther back than twelve months if your Social Security insured status ended before then.

      Sincerely,
      Kay

  • Indira

    Kay,

    In 2001, i was diagnosed with major depression.. i was prescribed paxil and prozac. By 2004, i weaned myself off paxil. I lost my job and insurance. I have never seen a doctor for my depression which i believe has gotten worse. I’ve been through a series of very bad decisions in relationships, that were violent. I experienced another traumatic event after these. I have been looking for a doctor in my area because my anxiety, depression and something else i can’t figure out is ruining my life. I’ve been through three jobs, and numerous failed attempts at a relationship, and now a hysterectomy. I have never had kids (or wanted to because of my problems). I have bipolar that runs in family. I know I’m not an exception. I need help. I want to apply for SSI, but I’ve never tried. I’m afraid of being denied when i really need some assistance. I recently quit my job because I’d planned on moving. On $700… this is not clear thinking. Will i need to find my records from 2001 & submit them? If i cannot find a dr to exam me again, will ss be able to? Help… please. I need to know if I’d be eligible.

    • Kay Derochie

      Dear Indira,

      A Supplemental Security Income (SSI) claim will be determined based on your current medical condition. A Social Security Disability (SSDI) claim will review your medical condition from the time you last became disabled, which could be when you last stopped work (if you were disabled then and can prove it).

      Your claim would be stronger if you were getting regular psychiatric care; however, if you apply Social Security will send you to a doctor for a consultative examination. If you have had no mental health care since 2004, there probably is no point in getting your 2001 to 2004 records. You can find information about filing a claim in the articles under the “Apply for SSD” tab on the top navigation bar of this website.

      If you feel you need help, get an attorney (though many won’t take an initial claim, only denied claims). When you hire a Social Security attorney, you do not have to pay any legal fees up front and you will pay attorney fees only if you are approved for benefits. Social Security law sets the amount your attorney can charge and the Social Security Administration pays the attorney directly from the retroactive award before sending your back pay to you.

      In addition to filing for disability if you decide to, I suggest that you apply for Medicaid through a state social services office or apply to get health insurance through the Affordable Care Act (Obamacare). The annual open enrollment period is open now through the end of January. You can get more information at http://www.healthcare.gov. In the meantime, your area may have a free mental health clinic where you can get care.

      Sincerely,
      Kay

  • s ellington

    That is 2nd-4th day and I have not listed everything. My back, hips, knees, ankles and feet are the worst. I want to cut my legs off after work on the last few days. I also have a large incisional hernia, 3 bad discs in neck and dysthimia

  • s ellington

    Looking into SSDI. I’m 56, have 70% disibility with VA and am currently working 60 hrs every 2weeks. I need to cut back to 32 hrs, or Sat/Sun each week. I need total knee done on left knee and have been wearing a brace since 2005. I have arthritis in right knee, hip injury right hip, bursitis in both. I have back and neck problems. I have irritable bowel and am waiting for another exam to check for crohns or colitis. I work but need to cut back as my 2-44th day leave me in excrutiating pain from my lower back on down. I developed flat feet with plantar fascitis years ago. I want to apply for SSDI and if approved cut back on my work days.any hope or is it tough luck sister. Have 34 years straight work. Last 5 have been hard. Might last one more year but probably will cut back to 7 days every 2 weeks. I receive VA compensation. Should I try to apply?

    • Kay Derochie

      Dear Mr. Ellington,

      As long as you are working and earning $1,090 or more in gross wages, your Social Security claim will be denied. If you reduce your hours so that your earnings are below that amount, you can file your claim while working. I can’t predict whether you will be medically approved; however, based on the information you have given me, it seems worth a try.

      Sincerely,
      Kay

  • Matthew

    Hi im on survivors disability insurance im 29 i have scitsoeffective disorder and bipolar.i got a denyal in march of 2015 but im suposed to get paid the 3rd of this month ssa says i should be getting paid on the 12if not come in this survivors disability insurance is all i have as any kind of money . ssa says i have an overpayment of almost 8grand because its now November and they cut me off in march but have paid me till this month. So this is my 3rd appeal till i see an Alj judge ssa sent me a green papper saying that i can send it to them claiming its an economical and predudital reason i cant work also gives an option to waive this payment of 8grand . in your opionion what should i do at this point. If i dont sign this waiver will i be in alot of dept before i see an alj judge or should i assume they will pay me the 12like they say. Im worried if i dont sign a waived i will accumulate a great deal of dept if i lose this case. What should i do im 29and havent worked since 2008 its 2015 now its been along time and dont know if id even get hired part time because its been 9years haven’t worked been 51 50d twice since 08 and its been five years since ive been at a 72hour hold for observation for my psychological disabilities i have should i waive this dept or trust id get paid the twelfth.

    • Kay Derochie

      Dear Matthew,

      I suggest that you request waiver of the overpayment. If the waiver is approved, you will be released from the debt.

      Sincerely,
      Kay

  • Lawrence

    Dear Kay, I retired in 2012 with hip/back problems (i went out on a regular pension, not a disability pension). I had both hips replaced (2013 and 2014) because of the severe arthritis. After my pt was done in 3/14, I felt fine and I tried to go back to work but starting having problems/pains/difficulty with standing/sitting for any lengthy time. I went back to my hip dr and the xrays/mri show my hips are fine but it’s spinal stenois causing it, so my hip dr said to go to pt and see a back dr. I know I probably should’ve applied for ssdi when I had my first surgery but thought I couldn’t because I was receiving a pension and was told only if something went wrong with the surgery. I have’nt seen a back dr yet to see if/when i will need surgery. Any advice would be appreciated…thank you!

    • Kay Derochie

      Dear Lawrence,

      Please clarify a couple points so that I can respond. When did you return to work? Did you stop work again or are you still working? If you ceased work again, when?

      Sincerely,
      Kay

      • Lawrence

        I tried to do a full time job in 10/14 but it lasted about a week or so, I did a temporary assignment for about a week in 1/15 and a p/t job for a couple months during the summer which wasn’t steady, just when events were scheduled, but it was too much standing/walking so haven’t worked since 8/15. I saw doctors about my back and hips prior to my retirement and was seeing a chiropractor off and on. I think my back started in ’06 and my hips ’10.

        • Kay Derochie

          Dear Lawrence,

          You situation is not clear cut because you have two different causes of disability (if you are disabled by your spinal stenosis). This means that Social Security may treat your time off work as two different disability periods. One until you recovered from the hip surgeries and a second one caused by back problems. Depending on how severe your back problems were while you were disabled with your hips, they could consider it all one period of disability. The preceding explanation is related to the date of disability onset that you would put on a Social Security Disability application. You can either claim the date in 2012 when you stopped work because of your hips and arthritis and show all work after that as unsuccessful work attempts or you can claim the date that you stopped work in 2014. If you claim the later date, be sure to include your history of hip replacements and arthritis, so all your conditions can be considered.

          If you are approved, regardless which date you choose to claim, the maximum retroactivity for a Social Security Disability claim is the later of twelve months before the month of application or the sixth full calendar month of disability.

          Sincerely,
          Kay

          • Lawrence

            If the latter date is decided to be considered as the major factor in my disability will I then be ineligible due to not earning any work quarters since 2012?

            • Kay Derochie

              Dear Lawrence,

              You might still be insured now; it depends on how steadily you were working up to 2012. You have to have twenty quarters of coverage in the ten years before the disability is determined to have begun.

              Sincerely,
              Kay

        • Lawrence

          Hi Kay, I filed for SSD in November’15. I was in PT for about 6 weeks which didn’t do much for me. I went to a back dr who said to go back to PT and if I wanted, I could get injections every 6 months but did not think I needed surgery at this time. I also tried accupuncture a couple of times as well. Anyway, the state just sent me a letter to receive a medical exam so I’m wondering if that is standard procedure and what are the chances this state dr will help/hinder my case. Thank you.

          • Kay Derochie

            Dear Lawrence,

            You are asked to go to an independent consultative examination when your own medical records have insufficient information for a decision to be made. I can’t predict what findings the consulting physician will determine after examining you.

            Sincerely,
            Kay

          • Dear Kay, I was awarded Disability last Jan. and Widows Pension and backpay. Everythings been paid but the Widows backpay. Lawyers office said they got their share in July so my case with them is closed.Keep getting run around at SS office.What now?

            • Kay Derochie

              Dear Wanda,

              If you are currently receiving both widow’s benefits and Social Security Disability ongoing, which would indicate that you are eligible for both, I suggest that you contact your congressperson’s office to see whether they will make an inquiry because the back pay has been pending more than six months since monthly benefits started.

              Sincerely,
              Kay

  • Fawnia huerta

    I have a question about my son who just got his fully favorable letter from the judge. He first filed at age 18 in April 2013 after his first back surgery and was denied. 11 months later he had a second surgery at age 19 and then refiled. His hearing was in March and he had to see another dr. Have more tests etc. I have been disabled since 2009 having had rods grafted to my spine. His father was also disabled and until my son turned 18 he was drawing a little each month off of his dad. My question is, all of my sons application papers had his fathers information on it and was listed as the wage earner for my son to draw off of, but to my knowledge now his father has retired back to Vietnam and is no longer receiving benefits. What does that mean for my son? I get the minimum and his father got close to the maximum amount. How will they decide his benefit amount?

    • Kay Derochie

      Dear Fawnia,

      If your son’s father’s benefits are suspended for being out of the country, not terminated, then your son may still be eligible for disabled adult child benefits beginning at age nineteen on his father’s earnings record. If you are also getting Social Security Disability (SSDI), not Supplemental Security Income (SSI), your son should apply for disabled adult child benefits on your earnings record also to see whether it will raise his dependents benefits due to a combined family maximum. If his Social Security is less than $753 a month, he will be eligible for some federal SSI to supplement the Social Security. (If he lives in a state that offers an SSI state supplement the income limits for the state supplement will be a little bit higher.)

      Sincerely,
      Kay

  • David vernall Ediger

    I’m 53 and I’ll be 54 in September. I’ve worked from the time I was 16. I now have bipolar depression, PTSD, anxiety disorder. and a hip that is flattened to were I can’t walk with out a lot of pain. I hope i have enough work credits so I can get s s d Iwhat website do I need to get on to find out if I have enough credits thank you

    • David vernall Ediger

      I have been off of work from last may

    • Kay Derochie

      Dear David,

      Your need forty quarters of coverage, twenty of which have to be in the five years before you became disabled. You can earn a maximum of four quarters a year. The quarters are defined by dollar amounts of gross wages or net self-employment. You can find a list of the amounts, which have changed over the years, at https://www.socialsecurity.gov/oact/cola/QC.html.

      Sincerely,
      Kay

  • Rony

    I been out of work the last 12 months due to injury at work back pain herniated disc leg pain can’t stand for 20 minutes had surgery on my back to decompress the nerve at L4 L5 have injection on my back about 7 times been on physical therapy the last 12 months just get fire by my employer due to being of work for a long time just apply for SSD what are my chance for being approve

    • Kay Derochie

      Dear Rony,

      I cannot predict whether your claim will be approved. It depends on your specific limitations, your age, and your work history. I suggest that at the same time as you are waiting for your claim to be processed you contact your state department of vocational rehabilitation to find out whether you qualify for services, perhaps including retraining into an occupation you could perform with your limitations.

      Sincerely,
      Kay

  • jessica Diedrick

    I am a 36 yr old female single parent of 4. Over the past year I have not been able to work due to back and neck spasms, neuropothy (still testing to eliminate other things but Dr. Says either it’s MS or fibromyalsia my legs hurt when I walk, severe fatigue, severe, lymphedema ( wear compression hose) carpal tunnel in both arms/hands (splints for both) on top of the post traumatic stress disorder. i have also been diagnosed w bipolar disorder since the age 14. I have to see so many specialists, doctors, physical therapist and am on lyrica, prozac, tramadol, etc…I even have problems cleaning and cooking due to leg and back pain. I never have the energy nor physical strength to do things with my kids which makes it even more depressing. I have been denied numerous times in Houston , TX and have just been assigned a judge for a hearing since even my appeal was denied. I can’t work because i forget stuff as simple is clocking in and out…should I just give up or are any of these truly considered a disability? I am not even capable of financially capable of providing for my kids and have had to seek help with housing, foodstamps etc. i have always worked until last year and evwn having to get gov. Benefits is embarrassing and depressing but it is much needed but and a blessing. I just need to know this long stressful fight is worth it and that those qualify as disabilities. Thank you in advance for your help.

    • Kay Derochie

      Dear Jessica,

      You should pursue your hearing appeal with the assistance of a Social Security attorney. You need to make the case that all your conditions together disable you. You can reach a knowledgeable Social Security attorney by completing the online form on this page to request a free Benefits Evaluation from Disability Advisor. When you hire a Social Security attorney, you do not have to pay any legal fees up front and you will pay attorney fees only if you are approved for benefits. Social Security law sets the amount your attorney can charge and the Social Security Administration pays the attorney directly from the retroactive award at the time they send your back pay to you. So, it’s all very easy and risk-free.

      Sincerely,
      Kay

  • felicia

    I am a 32 year old women who just recently found out that I have a aortic anuerysm and a aortic valve disorder. They only way to fix this was to have open heart surgery which I had almost a month ago. I have been working since 2006. My last day of work was March 10,2015. Surgery was on the 12th. I applied for disability almost 2 weeks ago. Do you think I’m eligible for benefits????

    • Kay Derochie

      Dear Felicia,

      To be eligible for either Social Security Disability (SSDI) or Supplemental Security Income (SSI) you have to have been disabled or be expected to be disabled for twelve months. You might talk with your doctor about when he or she expects you will be able to return to work either in your last job or in another occupation. Note that if you are approved, SSDI does not pay the first five full calendar months of disability; whereas, SSI begins the month after the month of application.

      Sincerely,
      Kay

  • r.e..carignan

    is an adult disabled daughter age 49, ssi disabled since birth, considered in the calculation Maximum Family Amount. I have been receiving disability payments from the ssi and 100 percent from the veterans administration. I am 87 years old–wife is 63–and asking how the disabled daughter of a disabled father fits or not in the calculation.

    • Kay Derochie

      Dear R.E.,

      Yes, a disabled adult child’s Social Security benefits are paid from the family maximum, as would your wife’s benefits if she receives spouses benefits. If your disabled adult child also gets Supplemental Security Income (SSI), which is not Social Security, the SSI benefits would not be part of the family maximum. You can find out the amount payable for your dependents by calling Social Security and asking them to confirm your gross primary insurance amount (before taxes or Medicare premiums) and your family maximum. The difference between the two is the maximum amount payable to your dependents. If your wife has worked and receives Social Security on her own earnings record, your disabled adult daughter may be able to draw benefits on her account also under a combined family maximum.

      Sincerely,
      Kay

  • Sailor

    Greetings,

    Can a married veteran apply for social security disability benefits while awaiting VA compensation rating?

    kind regards,
    Sailor

    • Kay Derochie

      Dear Sailor,

      Yes, a vet with a pending VA compensation claim can apply for Social Security Disability (SSDI). The two benefits do not affect each other.

      Sincerely,
      Kay

    • Kay Derochie

      Dear Sailor,

      You can apply for Social Security Disability. There is not limitation on receiving both VA compensation and Social Security Disability.

      Sincerely,
      Kay

  • shelby

    I applied for Ssdi when I was 22 or 23 I won at 25 (2005)I was seperated from my husband and had my son & 3 yrs work history,I had evidence of my disability since I was 9. I recently saw I am considered an disabled adult child,i receive Ssdi for me and my son. My parents are alive and still working, I can’t figure out how I qualified? If I am a DAC,remarriage would stop my benefits? Plz help, very confused thanks

    • Kay Derochie

      Dear Shelby,

      It sounds as if you are receiving Social Security Disability benefits on your own earnings record and your child is receiving dependent benefits on your record. You can tell for sure by looking at your correspondence to see if both benefits are being paid on your Social Security number.

      It is correct that you must be unmarried and at least one parent must be deceased or receiving Social Security for you to qualify as a Disabled Adult Child (DAC). Apparently, you are currently divorced (you mentioned remarrying). I do not know whether you regain your DAC status after a marriage that ended. I suggest checking with Social Security to get that answer.

      Sincerely,
      Kay

  • Karen

    I am nearly 60 yrs old and didn’t work enough in my lifetime to collect on my own social security.I stayed at home and raised our children and worked very little. I had a stroke in 2007 and have a walking disability. My husband started collecting social security at age 62. He is now 66 yrs old but my question is can I collect social security benefits off his even though he receives social security off his own record? If so do you know what percentage I would receive? Thanks!

    • Kay Derochie

      Dear Karen,

      When you turn age sixty-two, you will be eligible for reduced wife’s benefits. You can apply three months in advance. Should your husband pass away before you turn sixty-two, you can apply for widow’s benefits. If your husband’s family maximum is high enough, as a wife you will receive an amount equal to half his benefit reduced to a lower amount for taking the benefit before full retirement age. A widow draws 100% of the worker’s amount at full retirement. That amount is reduced to a lower amount on a descending scale depending on the age the benefit is taken.

      Sincerely,
      Kay

  • Stacy Allen

    My daughter in law 33 with two children) has never worked, other than a year of child care in lieu of rent in her early twenties. She has complex regional pain syndrome with very bad flare ups in four limbs. She was diagnosed at around 20, about a year after she sprained an ankle badly, and two years after diagnosis with Celiac. Her spouse of nine years is in the military. She says she cannot collect SSD because she didn’t apply in time when she was younger and getting aid from her parents. Since she has been married to my son who has enough working credits, can’t she apply under him?

    • Kay Derochie

      Dear Stacy,

      Your daughter-in-law cannot collect dependent benefits on your son’s earnings record unless your son is receiving Social Security benefits. With two children, the family income might be low enough for her to qualify for Supplemental Security Income (SSI) disability benefits, which are also administered by the Social Security Administration.

      Sincerely,
      Kay

  • Ashley

    I’m 28, with SSI benefits and I was diagnosed with Azperger’s at 18. And I’m thinking about getting married. Can a person with SSI get married to another non-disabled person and still receive benefits? Or would I have to reapply again after marriage? I have no children.

    • Kay Derochie

      Dear Ashley. If you are receiving Social Security Income (SSI), your marriage may affect your eligibility for benefits. Whether or not you continue to receive benefits and, if so, the amount of the benefits will depend on the amount and type of income your husband has. Marriage does not require a new application, but it does require a redetermination of eligibility, so it is important for you to report your marriage immediately upon marrying.

      Sincerely,

      Kay

  • Matthew

    and I live in Texas also just need some type of help

  • Matthew

    my name Matthew I am 28 and I receive SSI of February 2013 and I got married in December 2013 after and my wife Crystal is 22 she cannot work because I am 24 hr watch at all times and my check don’t hardly help us is there any other help we can get?….. or she can get because she cannot work because she watches me and all her other jobs she has had she had to let go because of my illness and she always got denied for unemployment. we have been living on my check and its to hard for us. she wants to work but at the same time she takes care of me and goes to school on online. please let m know anything we sure do need help we can’t save any money either to buy us a car cause we have to pay bills an some of my meds.

    I have had this disease since I was born and was told at the age of 10 what it was. I had tried in the past to get SSI did not get approve for them till 2013 is it already late for me to get childhood back pay, I bearly found out about it. or get some kind of back pay. I need some advice.

    • Kay Derochie

      Dear Matthew,

      I suggest that your family apply for food stamps if you are not receiving them. Your wife might also check with the state and/or country social services department to find out whether there is any program that will compensate a family member for caring for a severely disabled person. You might also apply for subsidized housing. If you qualify, there could be a waiting list, but at least you could get on the waiting list. Some phone companies offer low cost phone lines with limited services for disabled individuals and some power companies have utility assistance for low income customers.

      Sincerely,

      Kay

  • Patty

    my 38 year old husband was in a work related accident. He was in the Union ,local3 elevator division,in New York and fell and now Is a quadriplegic. I was not working at the time of the fall but have been working all my life ,I am also 38. We have a 9 year old daughter also. he was an elevator mechanic for about 16 years but we just recently switched from Texas to New York(two years prior we were in New York and he was in local 3 New York then we moved to Texas and he was local 31 in Texas also elevator mechanic) so he was starting another Union although he was in that union prior to moving to Texas in any case when he started the job the insurance for medical did not kick in yet (he was 10 days shy of getting his medical insurance which covers all of us, his wife ,myself, and his daughter). I’m trying to find out if on top of his regular disability if we would be able to get social security for my daughter and myself and my husband and also what kind of medical insurance we could also try for if anybody has any information I’d really like to know thank you. just to give you a little information there is a lawsuit in process which is going to take several years. It seems to be the company with the union or someone is going to be at fault. But that’s going to be a while in any case that’s only going to take care of making sure that we have a proper living situation for my husband for the rest of his life and for my daughter to be taken care off since I am his primary caregiver I took courses in order to be his primary caregiver. Therefore I will not be working another job other than taking care of my husband my home and my daughter.when working with comp they were going to put him into an assisted living or a nursing home I got them to get us into a building that has Apartments for people with his disability so we can all live together and comp is covering that payment which in all actuality is cheaper then the daily rate of no less than $1000 today to about $2000 today.but his disability check I’m sorry his workers comp check is not even the same amount that he was getting on a weekly basis and we get that every two weeks so I wanted to know if anybody knows what else we be eligible for I can’t keep on taking out loans and he needs high interest fees in order to live because we still have car insurance cell phone a lot of medical equipment that is not covered miscellaneous groceries gas car insurance etc.if anybody knows someone or themselves were innocent similar situation I could really use your help of course my lawyer to get loans but I would like to know what money by the government we might be eligible for this way no matter what happens with the lawsuit I know I could afford to live whether or not that lawsuit go through.I’m going to leave my number because if anyone has any information I could really use your help if you could send me a text letting me know it is right sponse to the social security information and then I’ll call you back to be great my number is 347 557 47 65. I’m not sure if we also be eligible for food stamps or any other income but my daughter is also having problems in school and we may need some tutoring services. I myself was a teacher but of course what child wants to listen to their own parents especially when it comes to school. When talking with her teacher he thinks that might be something we might need to do in any case it’s just another expense but I want to know about so somebody could please let me know I really really would like to know Elsa leave you my email SPK HKS 2 d.a.n.c.e 76 gmail.comagain when sending an email if you could please just let me know that whatever benefits and I will text you email you give you a call back any advice would be helpful he scare me in the correct direction thank you again happy new year!

    • Kay Derochie

      Dear Patty,

      Your husband should apply for Social Security Disability (SSD). If he is insured for benefits, he will be approved. If his benefit is less than his family maximum, there will be benefits payable for the children as well. He will receive Medicare after he has received twenty-four months of SSD benefits (including back pay). You and the children will not be eligible for Medicare. (A note: his Social Security could be partially reduced for the worker’s comp he is receiving but he is likely to end up with more income than from workers comp alone.)

      I suggest that you contact the human services department of your state to see if you qualify for food stamps, energy assistance to help with your heating bill, and/or cash assistance. Your children also might qualify for Medicaid or other health insurance. Another possibility is to investigate the coverage choices and premiums for health insurance through the Affordable Care Act (Obamacare). You might also investigate whether you can be certified as a caregiver and receive payment for caring for your husband. Some states allow a family to receive caregiver payments from the state or county; others do not.

      I cannot help you directly with your Social Security claim; however, your husband’s disability is pretty straight forward, so you should be able to complete the application successfully yourself. I encourage you to take that step now.

      Sincerely,

      Kay

  • julia bell

    Please advise how to apply for benefits in TexS

    • Kay Derochie

      Dear Julia,

      You can start a Social Security Disability claim by going to Social Security’s website, http://www.ssa.gov, by calling Social Security at 1-800-772-1010, or by going to a local Social Security office. You can find tips on what information to gather for your claim my visiting http://www.disabilityadvisor.com and clicking on the “Apply SSD” tab. If you have been disabled and off work for sixteen months or more, get your application started before the end of December to avoid potential loss of back benefits.

      Sincerely,

      Kay

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