David
has compiled this summary of eligibility for SSDI for us.
He advises us that:
In the last fiscal year, 37% of cases were approved at the initial
level and 63% were denied. At the Reconsideration level, 14%
were approved and 86% were denied. At the hearing level there is
a tremendous reversal.
62% approved and 38% denied.... so DO
NOT GIVE UP!
Social
Security And SSI Disability Benefits
Requirements
For Entitlement: Social Security Disability
Be
Insured For Disability
Generally,
have 5 years of work (20 calendar quarters) in the 10-year period (40
calendar quarters) ending with the quarter prior to the onset of
disability (if an applicant became disabled in the first quarter of
2007, the 10-year period ends with the 4th. quarter of 2006).
For applicants who become disabled prior to the age of 31, the
requirement is 6 quarters of work in the applicable 12-quarter period.
Quarters of coverage are determined by annual earnings as follows:
Year 1 Quarter 4 Quarters
2003 890.00 3560.00
2004 900.00 3600.00
2005 920.00 3680.00
2006 970.00 3880.00
2007 1000.00 4000.00
Not
To Be Performing Substantial Gainful Activity (SGA)
SGA in 2007 is average monthly earnings in excess of 900.00; for 2006,
it was 860.00.
Be
Disabled
Have
a medically determinable condition that prevents one from working and
is expected to last, or has lasted at least 12 months or is expected
to result in death.
Payment Amount
Based on wages from which Social Security taxes were withheld for
the worker’s entire working career.
Payment
To Others
Benefits
can be payable to the disabled worker’s spouse and children;
survivor benefits are also payable.
Medical
Insurance
The
beneficiary becomes entitled to Medicare after 24 months of
entitlement to Social Security disability benefits.
Requirements
For Entitlement: SSI
Must
be disabled
(same requirements as above) or age 65.
Income and resources must be within prescribed limitations
Current resource limitations are 2000.00 for an individual and 3000.00
for a married couple living together (even if only one is filing for
SSI). Income of a living with spouse is counted, or “deemed”
to the SSI applicant. For 2007, the unearned income limitations
are 643.00 for an individual and 954.00 for a couple.
Citizenship/Alien Status
Must be a United States citizen or "Qualified Alien".
The Qualified Alien provisions apply to all SSI claims filed after
August 22, 1996.
Residency
Must be a permanent US resident (50 states only)
Living Arrangement
Cannot be a resident of a public institution
Payment Amount
Based on income and living arrangement. The maximum federal
payment (in 2007, 623.00 for an individual and 934.00 for a couple) is
reduced by any countable income and/or in-kind support and
maintenance.
Payment To Others
Payment is made to the disabled SSI client only.
Medical Insurance
For each month in which an SSI payment is due, the beneficiary is
entitled to Medicaid.
Post
Entitlement For Social Security Disability
Any
work activity must be reported to Social Security. Beneficiaries
are eligible for a 9-month Trial Work Period (TWP). The 9 months
need not be consecutive; they can fall within a 60-month period).
Any month with earnings in excess of 640.00 is considered a “Service
Month” and counts toward the 9-month TWP. After the completion
of the TWP, an assessment is done as to whether the beneficiary is
engaging in, or is capable of engaging in SGA (earnings in excess of
900.00 per month).
If so, benefits are subject to termination. If not, benefits are
continued.
If benefits are terminated, the beneficiary is subject to an Extended
Period of Eligibility (EPE), during which Medicare entitlement is
continued and benefits can be reinstated without the need for a new
application if earnings fall below SGA and the beneficiary continues
to have the same disabling impairment.
Beneficiaries (even if not working) are subject to periodic Continuing
Disability Reviews (CDR’s). Benefits can be ceased only if it
is determined that the beneficiary no longer meets a listing in the
law and that his/her condition has medically improved.
Post
Entitlement For SSI Disability
The
Trial Work Period and SGA provisions due to apply to post entitlement
SSI cases. Work must still be reported. After wages
exceed 65.00 in a calendar month, 1.00 is deducted from the SSI
benefit for every 2.00 earned.
Example: A client earns 265.00 in a month. 265.00 – 65.00 =
200.00 / 2 = 100.00. The client’s SSI would be reduced
by 100.00 due to earnings of 265.00.
Section 1619(a): Normally, wages over 900.00 per month would result in
termination of benefits. However, under Section 1619(a), the
client can continue to receive SSI benefits as long as the wages are
not sufficient to result in a determination of excess income and there
is no other factor that results in ineligibility (such as excess
resources). Normal SSI benefits are paid under Section 1611 of
the Social Security Act.
Section 1619(b): If, due to the client’s work income (and due to
work income only), he/she is ineligible for SSI due to excess income,
Medicaid coverage can be continued indefinitely if it is shown to be
necessary to maintain the client’s health care needs.
Plan
For Achieving Self Support:
Income and resources can be set aside (and not counted in determining
SSI eligibility and payment amount) under an approved occupational or
business plan.
Appeal
Process For All Initial Determinations Under Social Security and SSI
First
level of appeal:
Reconsideration
Second level of appeal: Hearing before an Administrative Law
Judge
Third Level of Appeal: Appeals Council Review
Fourth Level of Appeal: US District Court
All appeals must be filed within 60 days of the previous
determination.
**********
If
you need help putting your thoughts into the written word for
insurance companies, Compensation, Social Security, etc., the source
below is wonderful . It is not free, but it is very reasonable
and they are very reputable and dependable.
Solutions
and Resolutions(SM)
OTHER
DISABILITY INFO:
FOR THE UNITED STATES
Micki's
Information Page on Disability Benefits and Fibromyalgia
Social
Security Online (Gov Site)
Social
Security Disability message board
SOCIAL
SECURITY DISABILITY SSI BENEFITS- QUESTIONS TIPS ADVICE TO WIN SSD,
SSDI
SOCIAL
SECURITY DISABILITY (SSD), SSI AND FIBROMYALGIA
Blue
Book Contents - Listing of Impairments - Disability Evaluation Under
Social Security
Completing
Disability Forms: Five Critical Tips to Keep in Mind for Chronic
Fatigue
BenefitsCheckUp
- NCOA's Online Screening Service
How
To Talk with your Physician about Supporting your Disability Claim
Your
Right to Representation
Disability
Claim Killers - What you don't know could be fatal to your
Fibromyalgia
SSDI
benefits and tax
Social
Security Advisory Service
Social
Security Disability Secrets: The Ultimate Consumer's Guide To
Understand
Step
3: Write The Appeal Letters
Americans with Disabilities Act:
Department
of Justice ADA Home Page
FOR OUR CANADIAN FIBRO FRIENDS
People
with disabilities
Canada
Pension Plan (CPP)
Canada
Pension Plan (CPP) Disability Benefits
Hot
Topics: Canadian Disability Management
Chronic
Fatigue Syndrome: Qualification for Disability Benefits
CPP
Disability Pension Plan
Information
for the UNITED KINGDOM
Disabled
people : Directgov
Disability
Alliance UK (United Kingdom) -
This
benefits calculator may be helpful to our friends in the United
Kingdom
entitledto
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