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Each year, Social Security beneficiaries typically receive an increase in benefits due to Social Secuirty’s cost-of-living adjustment (COLA). Beneficiaries will receive a 2.5 percent increase in Social Security benefits in 2025. The average Social Security monthly benefit for retirees was about $1,907 in 2024. In 2025, the 2.5 percent increase will provide an additional $48 per month for the average Social Security retiree. Not only will retirement benefits increase because of the COLA adjustment, but so will Social Security Disability Insurance (SSDI) benefits as well as Supplemental Security Income (SSI) benefits at the same rate. The 2025 COLA increase is less than the 3.2 percent increase in 2023. Social Security’s annual COLA adjustment is based on the Consumer Price Index for Urban Earners and Clerical Workers (CPI-W), which is a measure of inflation. Back in June 2022 inflation was at 9.1 percent, which would have indicated a significant increase in COLA would be coming in upcoming years, but since then inflation has dropped significantly and stood at just 2.5 percent on an annual basis in August of 2024. Social Security officially announced the 2025 COLA increase last month after the September Consumer Price Index report was released.

An “unsuccessful work attempt” is a term used by the Social Security Administration (SSA) to describe a situation in which an individual attempts to work but is unable to continue due to a disability. This term is often relevant in the context of Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs, where individuals with disabilities are allowed to test their ability to work without immediately losing their benefits. Here’s an overview of what constitutes an “unsuccessful work attempt”: Definition: An unsuccessful work attempt refers to a situation in which an individual tries to work but is unable to continue because of their disability. The work attempt may not last long (usually less than 6 months) and does not lead to substantial gainful activity (SGA). Eligibility: People receiving SSDI or SSI benefits are allowed to make these unsuccessful work attempts without the risk of losing their benefits. During this time, they can test their ability to work without the pressure of having to immediately give up their benefits if they can’t continue. Duration: A work attempt is generally considered unsuccessful if the individual works for less than 6 months (usually no more than 6 months within a 12-month period) or if they are unable to continue due to their disability. The key is that the person tries to work but can’t sustain the job because of their condition. Work Requirements: For a work attempt to be considered unsuccessful, the individual must have earned less than the SSA’s substantial gainful activity (SGA) threshold. In 2024, for example, the SGA limit is $1,470 per month for non-blind individuals and $2,460 for blind individuals. If an individual earns above these limits, their attempt may no longer qualify as “unsuccessful” and could be evaluated differently. Impact on Benefits: The SSA allows individuals to attempt to return to work without losing their disability benefits immediately. The unsuccessful work attempt is excluded from being counted against the individual’s trial work period. The trial work period allows beneficiaries to test their ability to work for up to 9 months while still receiving full benefits. Examples: If a person with a disability tries to work but is unable to continue because of pain, fatigue, or other symptoms related to their disability, and they do not earn more than the SGA limit, that would be considered an unsuccessful work attempt. If you are interested in learning more about applying for Social Security disability contact Greeman Toomey PLLC for a free consultation at 612-332-3252.

If you receive Social Security Disability, Retirement, or Survivors benefits you may be liable to pay federal income tax on the benefits you receive. Your tax responsibility, if any, depends on your total income. This typically comes into effect if you have other income; such as wages, self-employment income, interest, dividends, etc. if you are married, your spouse’s income will considered when determining any federal income tax you may owe. According to the Social Security Administration’s website, you may have to pay taxes if: For a person filing as an individual, if your total income is between $25,000 and $34,000, you may have to pay income tax on up to 50 percent of your benefits. If your total income is higher than $34,000 up to 85 percent of your benefits may be taxable. For a person filing a joint return, and you and your spouse’s total income is between $32,000 and $44,000, you may have to pay income tax on up to 50 percent of your benefits. If you and your spouse’s total income is greater than $44,000, up to 85 percent of your benefits may be taxable. If you and your spouse file a separate tax return and have total earnings in the above $32,000, your benefits will likely still be taxed. For more information, view the Social Security’s webpage: Benefits Planner: Income Taxes And Your Social Security Benefits. According to the Social Security’s webpage, Tax requirements for SSI benefits, recipients of Supplemental Security Income benefits do not have to pay federal income tax.

It is common for applicants who file a claim for Disability Insurance Benefits (DIB) or Supplemental Security Income (SSI) to receive a medical denial, meaning the Social Security Administration (SSA) has determined their impairment(s) are not severe enough to keep them from working at a substantial level. At the Initial Application level approximately 75% of claimants are denied. This rate is even higher at the Request for Reconsideration level where approximately 90% of claimants are denied. If you have been denied it is important to get your appeal filed within the allotted time frame. The SSA gives the claimant 60 days to file their appeal. The SSA also allows an additional five days to account for the time it took the claimant to receive the decision. If you miss the appeal deadline you may be precluded from receiving benefits in the future. The SSA now allows claimant’s to file an appeal online. To file the appeal online, you will need to go to the Disability Appeal page on the SSA’s website and complete the Disability Report – Appeal.   If you choose not to complete your appeal online, you will need to contact your local SSA office.  The address and phone number for your local office will be listed on the decision you received or you can use the Social Security Office Locator on the SSA’s website. The local office will mail you a paper version of the Disability Report – Appeal. The Disability Report – Appeal asks the claimant to provide any new information since the last Disability Report was filed. A Disability Report is completed when you file an Initial Application, Request for Reconsideration, and Request for Hearing. The report focuses on the claimant’s impairment(s) and where they are receiving medical treatment.  The Disability Report – Appeal also asks if the claimant has had any changes with their conditions and/or new limitations. It is important to list on the Disability Report all of your conditions and all of your treating sources. If possible include your doctor’s names and dates of visits. The appeal also asks about current medications and recent medical tests. You will also need to provide information, if applicable, regarding other sources that may have medical records for you, i.e. public welfare offices, vocational rehabilitation services and attorney’s offices. For more information on filing an appeal, please review the SSA’s publication “Your Right to Question the Decision Made on Your Claim.”

In order to qualify for a Disabled Adult Child (DAC) claim, you must have a parent who is collecting Disability Insurance Benefits, retirement benefits, or is deceased. If you meet the requirements for a DAC claim, you will be eligible for benefits based on your parent’s earnings record. To be entitled to receive these benefits you must also be found disabled prior to age 22. SSA will use the same medical requirements to determine disability as with other types of claims like Disability Insurance Benefits and Supplemental Security Income. The recipients of DAC benefits must be at least 18 years old, unmarried, and working under what Social Security calls Substantial Gainful Activity (SGA). The current SGA level is $1,010 per month gross (meaning before taxes). If your earned income is above this amount you will likely not be eligible for Social Security disability benefits. You can look into your eligibility for DAC benefits even if you are currently receiving another type of Social Security disability benefits. If you are currently receiving disability payments from Social Security, you may be eligible under a DAC claim for a higher benefit amount based on your parent’s earnings record. Additionally, if you are found eligible for DAC benefits you will also be eligible for Medicare. If you think that you may qualify for this program or have questions, please contact the Social Security disability attorneys at Greeman Toomey PLLC at (612) 332-3252, or toll-free at 1-877-332-3252.

As a Case Manager and Social Security Disability Attorney, I hear all too often a claimant asking why they have friends and acquaintances on Social Security Disability, who were approved early in the process, but they need to go through a lengthy appeal. The claimant then often mentions that the person they are talking about is “not as bad off as me.” Often the claimant is wondering if something is going wrong with their claim. The truth is, most of the time, nothing is going wrong with the claim. The reason why someone gets approved for Social Security Disability is for a variety of unseen factors. First and foremost, the vast majority of claims are approved because objective medical evidence shows that the claimant is unable to do work. This objective medical evidence, for the most part, is a person’s medical records, which most people do not get a chance to read. A person can look normal to everyone else when sitting on their porch, but their medical records indicate debilitating depression, schizophrenia, disc degeneration or carpel tunnel. These medical records are usually only seen by Social Security, the doctors creating the records, the claimant’s attorney and the claimant himself, and not a claimant’s friends or acquaintances. In addition, wait times to see claims approved have simply been getting more and more lengthy. The initial application level often takes at least two to five months to process, and has a denial rate between 70-80%. In most states, the next step is a request for reconsideration, which also takes 2-5 months to process and has a denial rate at or above 90%. The next step is to file a request for hearing, which has a wait time in excess of 12 months for the hearing itself. This results in many claims taking over two years to process, which has not always been the case. A major misconception has occurred because most people don’t realize that the standards for proving disability change when a person turns 50 years old, and again when they turn 55 years old. For a vast majority of people between 18-49, to show disability, you have to show you cannot do any job within the Unites States economy, including unskilled sit-down jobs. However, when a person turns 50, and again when he or she turns 55 years old, the issue turns more on whether they can go back to either their past relevant work, or a job like it. Finally, many people don’t realize that there are certain checks in the system that can cause a claim to go faster, in rare instances. Often times processing for claims get sped up when a person is alleging a terminal illness, or a person can provide evidence that they are imminent danger of losing shelter or the ability to feed themselves. Often times, a person doesn’t fully know what a claimant is going through until they walk a mile in his shoes and read his medical records. This is something very difficult to do for your friends. As times have changed, the Social Security Disability system has created more and more challenges for the claimant, not the least of which is the time it takes to process a claim. This is a perfectly good reason to be frustrated, but not to judge the people who have already proven their claim.