If you are no longer able to work due to a physical disability, psychological or mental condition, or combination of impairments, or if you care for a disabled child, you may qualify to receive Social Security benefits. Even if you are currently receiving disability benefits from a different source, such as workers’ compensation, long-term disability, or Veteran’s disability, you can still qualify for and receive Social Security benefits in addition to the benefits you are already receiving. However, before applying for Social Security benefits, it is important to understand the requirements for each program in order to determine which benefit or benefits you may qualify for.
There are two main Social Security programs: Social Security Disability under Title II (“SSD”) and Supplemental Security Income under Title XVI (“SSI”). Each program has its own set of requirements to establish eligibility. You may qualify for one or multiple of these programs, depending on your specific circumstance.
Social Security Disability (SSD) Benefits Under Title II
You may qualify for Social Security Disability benefits if you have worked in jobs covered by Social Security and have a medical condition that meets Social Security’s definition of disability. There are two main criteria used to determine eligibility for SSD: work history and disability.
In order to qualify for Social Security Disability, you must have accumulated a sufficient number of work “credits” during your employment. You can earn up to four credits during a calendar year. The amount of earned income needed to earn one credit varies from year to year. In 2020, one credit is earned for every $1,410.00 in wages or self-employment income, meaning the four credit maximum is reached once you have earned $5,640.00 in qualifying income.
The amount of work credits needed to qualify for SSD benefits depends on your age on the date that you became disabled. Typically, you must have earned 40 total work credits, with 20 credits earned in the 10 years prior to becoming disabled to qualify for SSD benefits. If you are a younger individual (under 31 years of age), you may qualify with less credits.
In addition to the work credit requirement, you must also prove, through competent medical evidence, that you suffer from an impairment or combination of impairments that renders you totally disabled, as defined by the Social Security Administration. To be deemed totally disabled by SSA, you must show that your medical condition(s) has rendered you unable to perform the type of work that you previously performed and incapable of adjusting to other work that exists in significant numbers in the national economy. Moreover, you must show that your disability has lasted or is expected to last for at least one year or to result in death.
The Social Security Administration looks at several factors when determining whether you are disabled and entitled to benefits. These include whether you are currently working; whether your medical condition is “severe,” meaning that it significantly limits your ability to do basic work; whether your condition is found within the list of disabling conditions compiled by the Social Security Administration or is as severe as the medical conditions on that list; whether you can physically perform the duties of the work that you did previously; and whether you can adjust to other work despite your impairment(s). Other factors, such as your age, education, past work experience, and skills, are taken into consideration when determining whether you are disabled.
Supplemental Security Income (SSI) Benefits Under Title XVI
You may qualify for Supplemental Security Income, a needs-based disability program, if you are a disabled or blind US citizen (or an individual who SSA deems a “qualified alien”), or an individual over the age of 65, with limited resources. To qualify for this program, you must be a resident of one of the 50 states, the District of Columbia, or the Northern Mariana Islands and not be absent from the country for a full calendar month or 30 consecutive days or more, and you must apply for any other cash benefits or payments for which you may be eligible (i.e. Social Security benefits, pensions, etc.).
If you are applying based on a disability, you must meet the disability criteria enumerated in the section above. In addition, you must show that you have limited income and resources, as defined by the Social Security Administration.
To qualify for SSI benefits, your income must be less than the Federal Benefit Rate, which is $783 per month for an individual and $1,175 per month for a couple in 2020. This includes earned income (i.e. wages, self-employment earnings, etc.); unearned income (i.e. pensions, unemployment benefits, interest and dividends, etc.); in-kind income (food or housing received for free or less than market value); and deemed income (part of the income of certain individuals living with you, such as your spouse or a parent). Even if you fall below the income limit outlined above, any countable income will deducted from your SSI benefit amount. Some income does not apply toward these limits, and there are certain deductions that may be taken to reduce your countable income.
In addition to showing limited income, you must also show that you have limited “resources” to qualify for SSI benefits. Resources include: cash, money in savings or checking accounts, stocks, savings bonds, land, vehicles, personal property, life insurance, anything else that you own that could be sold for or converted to cash, and deemed resources. For purposes of SSI, a number of resources are not counted toward the asset limitation. These include, but are not limited to, the home you live in (primary residence); one vehicle, so long as it is regularly used by you or a member of your household; household goods and personal effects (i.e. your wedding ring, personal clothing, etc.); property used by you or your spouse in a business, trade, or on the job; and money received from certain programs for a set period of time. The total resource limit for countable resources and assets is $2,000 for an individual and $3,000 for a couple.
Supplemental Security Income for Disabled Children Under Title XVI
You may qualify for SSI payments if you care for a disabled child. An individual is considered a “child” for purposes of the SSI program if they are under the age of 18 or a student under the age of 22 who is not married and is regularly attending school.
Your child may be considered disabled if they have a medically determinable mental or physical impairment, or combination of impairments, that results in marked and severe functional limitations, and has lasted or is expected to last for at least one year or result in death. In making this determination, the Social Security Administration considers medical evidence of your child’s disability, as well as their school records, including IEPs, and opinion evidence from adults who live or work with your child, such as teachers and counselors.
When determining eligibility for a disabled child, the Social Security Administration will “deem” a portion of the parents’ income and resources as available to the child. Deductions are made from “deemed” income for parents and other children living in the home, and the remaining amount is used to determine whether a child meets the SSI income and resource requirements for benefits.
Working With a Disability Attorney
If you believe that you may qualify for any of the above Social Security benefits, it is important to apply as soon as possible. The specific requirements for each program are complex, and an experienced disability attorney can help you not only to determine your eligibility, but also to compile necessary documentation and submit your claim for benefits.
Some things that an attorney may help with are: determining whether you meet the income and asset limitations for the SSI program, including identifying any relevant deductions or exemptions; ascertaining whether your medical condition is found in the list of disabling conditions or would qualify you for a compassionate allowance; analyzing the relevant medical evidence to determine whether your condition is likely to be considered “disabling” by the Social Security Administration; requesting and submitting medical reports from your treating providers, including opinion evidence that may be considered in determining whether you can perform work activities; effectively and compellingly summarizing your disability, along with the effects of your impairments, in the initial application; and representing you at any necessary hearings or in the appeals process.
The disability attorney’s at Hinman, Howard & Kattell are available to assist you with your disability application regardless of where you are in the process. Our attorneys are available to represent clients throughout New York State and in surrounding areas. Please call our office at 607-231-6708 or submit a contact request on our website for a free consultation.
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Gary C. Tyler Partner 80 Exchange Street Binghamton, NY 13901 Phone: (607) 231-6833 Email: gtyler@hhk.com |
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Jeffrey A. Jaketic Partner 80 Exchange Street Binghamton, NY 13901 Phone: (607) 231-6742 Email: jjaketic@hhk.com |
| Michelle Whitton Cowan Special Counsel 224 Harrison Street Suite 500 Syracuse, NY 13202 Phone: (315) 473-9414 Email: mwhittoncowan@hhk.com |
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Kristen A Hazlet Associate 707 Westchester Avenue Suite 407 White Plains, NY 10604 Phone: (607) 231-6821 Email: khazlet@hhk.com |
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