ARE YOU ELIGIBLE FOR RETROACTIVE SSD BENEFITS?

THERE ARE TWO KINDS OF DISABILITY BENEFITS – SSDI & SSI BENEFITS

Retroactive SSDI benefits may be available to you. However, it depends on what kind of benefits you are seeking. There are two kinds of Social Security benefits that one can apply for. The first benefit is Social Security Disability or Title II.  The second benefit is Supplemental Security Income or Title XVI.  Eligibility for retroactive benefits depends upon the date you apply for benefits. These benefits are past due benefits. Your past due benefit depends on whether your medical condition met SSA’s rules and you were not working prior to your application date.

All benefits stem from the day you apply. Therefore, every day you wait to apply is a day you are losing money. We highly recommend you go online on the Social Security website. And, start your application online. Do it today. Even if you think you are not ready to apply, you should still do it. You can get a re-entry number. This number allows you to go back and fill in answers at a later point in time.

Even if you don’t know all of the answers to the questions, you can fix it later. The goal is to get your application started. If you do, then the SSA will count the day you start the application as your filing date. This is known as a protective filing date. You have six months from that date to complete your application. Don’t delay. Get going today. If you need help, contact us. That is why we are here.

THE TWO TYPES OF SOCIAL SECURITY BENEFITS

There are two types of Social Security benefits: Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI) benefits. You can file an application online at the Social Security’s website for either one or both. Below, you can find an explanation as to each type of benefit you can apply for:

Social Security Disability Insurance (SSDI):  

SSDI benefits are for those who can no longer work due to a medical condition. The amount of money you will receive from SSDI benefits is based on the taxes you paid during your working years. To qualify for SSDI, you must have earned enough “work credits” to qualify. A work credit is an amount of taxable income. You can earn up to 4 work credits per year. The amount of work credits you will need will depend on how old you are when you apply. If you haven’t earned enough work credits at the time you apply, then you will only be able to file for SSI benefits.

Supplemental Security Income (SSI):  

SSI is a needs based benefit. It is for only those people with little to no income, such as children and the elderly. Anyone who makes more than a certain amount of money per month cannot receive SSI benefits. The SSA counts the income of those in your house, not just your income and assets. If you have a spouse who earns more than $4000 a month, then that income will prevent you from getting SSI benefits. The same applies if you are living with a boyfriend and he is paying your bills. You cannot get SSI benefits, no matter how severe your medical condition, if you do not meet SSA’s income and asset rules.

THERE IS A 5 MONTH WAITING PERIOD FOR SSD BENEFITS

You can apply for SSDI and SSI benefits online at the Social Security website. However, in order to qualify for SSD or SSI, you must not be working. Your reason for not working must be due to your medical condition. Also, your severe symptoms must be expected to last for 12 months or longer.

To win benefits, if your medical condition won’t last 12 months, then it must be expected to result in death. For example, if you have terminal cancer, then you clearly do not need to meet the 12 month requirement. Find out about starting a “trial work period” and working once you are on SSD benefits.

If you apply for SSD benefits and you have not been working for over a year, then you may qualify for past due SSD benefits. Retroactive benefits are payable for twelve months prior to the date of filing your application for disability. This only applies if you were not working due to your medical condition.

There is a five month waiting period that applies to all SSDI claims.  Therefore, if you were disabled and not working 17 months prior to the date of your application for benefits, then your five month waiting period would run prior to your 12 month period of eligibility. Therefore, you could win one year of retroactive benefits.

SSI BENEFITS BEGIN WITH THE DATE OF APPLICATION

You can receive SSI benefits beginning in the month in which you file for benefits.  SSI is a needs based. Therefore, in addition to proving your medical condition keeps your from working. You must also meet the income and resource rules of the SSI program. The income and asset rules are similar to those of welfare.

For example, you cannot have more than $2000 in your bank account. You also can’t have more than one form of transportation. Or, own more than one house to live in. The SSA will also look at the income of the people you live with. Unless you are a separate household from them.

SSI benefits have state limits. For example, in Utah, SSI benefits are currently $943 per month. For a couple, the maximum monthly benefit is $1415 per month. Each state sets their own monthly SSI payment amount.  California’s SSI payment amount is $1182 per month for an individual. Per couple, it is $2022 in California.

Therefore, you can see that the amount of monthly benefit varies by state. Also, these are maximum amounts. Which means, the amount can go down depending on your assets or other income.

When you apply for SSI benefits, you should allege your disability began as of the date of your SSI application. Because you can’t go back prior to the application to get past due benefits on an SSI claim. There is no five month waiting period for SSI benefits. And, there are no retroactive SSI benefits payable for any time prior to the filing date of the application.  If you have questions about winning benefits, then contact us. We can help you apply. Also, we can help you appeal a denial from the SSA.

WHAT IS THE AMOUNT OF THE MONTHLY SSD PAYMENT?

The monthly amount of your SSDI payment is different for every person. The SSA arrives at your monthly amount of benefits by looking at your work history. Depending on a variety of factors, such as your age and how many years you have worked, the SSA will determine your Primary Insurance Amount (PIA).

In order to qualify for benefits on your own work record, you need to have 40 quarters of coverage. Or, you need to have worked for 10 years. Those quarters don’t have to occur in a row. For example, you may not work for one quarter because of illness. Or, perhaps there was some other reason for not working.

For example, an ill spouse or child. Perhaps, you didn’t work for one quarter due to pregnancy. But if you return to full time work, then you are once again earning quarters of coverage. Covered work means a job where the employer is paying Social Security payroll taxes. And, the employer is taking out “FICA contributions.”

You SSDI benefit depends on how much money you earn. If you are a high earner, then your monthly benefit may be $2000. Likewise, if you are a low wage earner, then you monthly benefit will be low. Perhaps around $500. It all depends on how money you earn while working. The average SSDI benefit ranges from $1100 to $1500 a month.

CAN YOU GET RETROACTIVE DISABILITY BENEFITS FOR ANYONE ELSE IN YOUR FAMILY?

A key point to remember is that once you qualify for SSD benefits, you also obtain benefits for your family. For example, your current spouse may qualify for benefits. Additionally, if you have children below the age of 18, then they will qualify for benefits too.  If you have a child with a disability, then they will qualify. Even your ex may qualify for benefits based on your work record.

Moreover, when you die, your work record continues to provide benefits to your family. For example, your spouse could receive survivor benefits. Even your ex spouse might be able to receive benefits. Additionally, you also qualify to receive spousal benefits, just like your spouse does.

You can also get divorcee spousal benefits and survivor benefits. You qualify for these benefits just like the rest of your family. Your eligibility is based on the work records of your current or former spouse. Therefore, make sure your work record is correct.

Your work record is the key to all benefits from the Social Security Administration. You should check your work record. Make sure it is correct. This can be done by making an account on the Social Security website. The agency calls the account “my Social Security.” You will need your Social Security number.

Also, you will need a valid email address. You must have a valid mailing address to create the account. Once you set up the account, you can check your Social Security Statement. This statement shows your yearly income from your employers. It also shows whether they paid Social Security payroll taxes. The statement comes from IRS reports.

WE CAN HELP WIN RETROACTIVE BENEFITS

We can help you apply for SSDI and SSI benefits. Applying is the first thing you need to do in order to obtain your retroactive benefits. You can file an application for SSDI and SSI benefits online at Social Security’s website. When you being the application process, you put yourself in line to qualify for your benefits. Nothing will start until you apply. Do it today. If you need help filing your application, then call us. We will help you get started.  Review this information if you think the SSA is investigating you.

We know you may not like lawyers. You may even want to kill all the lawyers. That is until you need one. To win SSD benefits you need a good lawyer. Hire one with experience. We have won over 20,000 SSD & SSI cases in the last 30 years. Our experience gives us the skills to help you win your case. You need to win benefits. Also, you need to replace your income. Win them not just for yourself, but also for your family.

We offer a free review of your benefits. All you need to do is contact us. We are happy to help you file for benefits online. Also, we will help you appeal your benefit denials. Learn how we can help you apply for and win benefits at Utah SSD benefit information. Likewise, you can learn about winning benefits at Nevada SSD information.  Additionally, we do not charge an attorney fee unless we win your case. You can trust our experience. Contact us today.