SSDI

When applying for Social Security Disability Insurance (SSDI) your date last insured is a crucial aspect of whether you meet the technical aspects of this disability program. Social Security has set specific guidelines for who can qualify for disability programs and these guidelines must be met even before the question of disability is decided. The DLI is the final date in which you are eligible for SSDI benefits. Basically, it requires a disabled worker to have worked long enough and recently enough to qualify for this program. Social Security grants work credits for this program on a quarterly basis. Your quarterly benefits are based on the amount of time you work while you were paying Social Security taxes. The general rule when determining whether you meet the requirements of SSDI is that you had to have worked fulltime at least five out of the last 10 years. Social Security determines your DLI based on your work history and how many credits you have accumulated. The main reason this is important is that you have to prove to the Social Security Administration that you were disabled prior to or on your DLI. If your DLI is in the past, especially by several years by the time you first apply for SSDI, it can be more difficult to convince Social Security to find you disabled prior to your last DLI. Social Security allows workers to earn a maximum of four work credits per year. To earn a work credit you must earn $1,130 while paying Social Security taxes. To earn the maximum of four credits over a 12-month period you have to earn $4,520. Because older workers have opportunities to earn more work credits Social Security has determined that the total number of credits needed to qualify for SSDI is higher for older workers and less for younger workers. Once you meet the technical requirements of either SSDI then Social Security will begin to determine whether you meet the medical requirements for SSDI. Below is a chart which shows how many earned work credits are needed for a worker to be eligible for SSDI. AGE                                                                                                                                              Work Credits Needed 31-42                                                                                                                                                           20 44                                                                                                                                                                 22 46                                                                                                                                                                 24 48                                                                                                                                                                 26 50                                                                                                                                                                 28 52                                                                                                                                                                 30 54                                                                                                                                                                 32 56                                                                                                                                                                 34 58                                                                                                                                                                 36 60                                                                                                                                                                 38 62 (Or Older)                                                                                                                                              40

Social Security has a variety of consultants, both medical and vocational, who are routinely called upon as experts in Social Security disability cases. It would seem to follow that since these individuals are seen as experts by Social Security, they would prove valuable informational sources for claimants as well. Right? Wrong. On July 9, 2010 the Social Security Region VII Office of General Counsel issued an opinion on this issue and determined that if a medical or vocational expert is utilized by Social Security, or by the State at the initial and reconsideration level, it would be a conflict of interest for them to consult with attorneys or claimants regarding a disability claim — even if the expert has no contact or personal involvement in an individual’s claim. In other works, even if an expert has nothing to do with your claim, they are estopped from giving information to you or your attorney. This is true even if the expert does not work on claims in your area, or even your state. It seems counterintuitive that, in a process which is supposed to be fact finding in nature, Social Security would ban one of the people they have deemed to be an expert from providing information which would lead to the most just decision. This opinion is clearly at odds with Social Security stated opinion that the administrative process is intended to be non-adversarial in nature.  

Once you are found disabled, typically, your benefits will continue until some condition occurs which causes them to stop. A number of conditions can make this occur, including: returning to work, an improvement in your disabling condition, reaching retirement age, confinement in prison or jail, and/or an increase in assets. If you return to work on a regular basis (at what Social Security deems a, “substantial gainful level,” your benefits can be stopped. Social Security defines substantial gainful activity as earning more than $1,010 a month. However, there are more factors to be considered. Social Security will also take into consideration the type of work you are doing, whether you need special accommodations in performing this work, or if you are working in a sheltered work environment (where more assistance is needed). Social Security has designed a set of criteria which allows workers to attempt to return to work without jeopardizing benefits. This is referred to as a trial work period. If you return to work making over $720 a month, Social Security will consider this a trial work period and this period can last for up to nine months without losing your disability benefits. If the work period proves unsuccessful (you have to again stop working), your benefits will continue. Once you reach retirement age, you will start receiving benefits under the Social Security Retirement program. You cannot receive disability and retirement benefits at the same time. If Social Security determines that you condition has improved to the point where you no longer meet the eligibility requirements for disability, your benefits can be stopped. Your allowance is periodically reviewed by Social Security over the course of several years. For this reason it is important to continue seeing your doctors and maintaining the records to show continuing disability. If you are serving time in prison, your disability benefits will be withheld for the time period you are incarcerated. In some specific cases, the type of crime may cause your benefits to be stopped altogether. Finally, if you are receiving SSI rather than SSDI, your benefits can also be stopped if you exceed the income or asset limit. SSI is a need based disability program and if you have assets over $2000, or personal income of more than $698, you benefits may stop. Income can include spouse’s incomes, free food or shelter, or parental income on behalf of a minor.