If You Must Stop Working

09/26/07

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Most people hope to work for as long as they possibly can.  If you have a job that is not physically taxing, you may be able to continue to work with Fibromyalgia for many years.  If, however, you MUST stop working, there are several types of disability to look into.  Your employer may have a long term disability plan.  You will have to find out about this plan from your employer, the human resources department at your job, or from your union.  If you worked and paid into Social Security, you may qualify for SSDI.  If you do NOT qualify under your own work record, you still may be able to get SSI if your income and assets are low enough.

RESOURCES

David Budlin has 25 years of experience working for the Social Security Administration and has helped people for many years on the AOL message boards.  His firm, Disability Experts of Florida includes experts on all aspects of disability, and they are very knowledgeable about Fibromyalgia.  They are disability advocates and deal ONLY with disability cases so their focus is always on helping their clients get the benefits they deserve.  Whether you visit the site to investigate the many links and information it provides for free, or decide to retain them to represent you in your claim, (they work on a contingency basis and get paid if and when you win) there is a wealth of information here for everyone, not just in Florida, but all over the United States.

 Disability Experts of Florida

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.

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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
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This site was last updated 09/26/07