| Applications for Social Security
Disability due to a medical and/or psychological condition
that prevents employment. |
Disclaimer:
Information
on this website is of a general nature, may not apply to your case,
and may not be current because laws are constantly influx. The
following information is not legal advice specific to any one case.
Read the full disclaimer below.
DIB-Disability Insurance Benefits: DIB is
essentially a disability insurance plan set up by the federal
government. Unlike SSI, if you qualify for DIB, it does not matter
how much you have in assets or income, only that you are
disabled. When you work and pay social security taxes you are
essentially paying into a disability insurance fund. If you have
worked and paid taxes approximately five out of the past ten years,
you will most likely qualify for DIB. There are essentially three
factors determining your eligibility for DIB: (1) how much you have
paid in (credits); (2) when the last time you paid taxes; and, (3)
the onset date of your disability. If there is a large gap of time
from the last time you paid taxes and the onset date of your
disability, your eligibility may have expired. To find out if you
qualify and the exact amount you would be eligible to receive,
contact the Social Security Administration at
800.772.1213.
SSI-Supplemental Security Income: SSI is
similar to a welfare type disability program. To qualify you must be
essentially destitute with very little assets or income into your
household. With SSI, it is irrelevant if you have paid taxes or not,
the primary deciding factor is your assets. SSI typically only pays
a few hundred dollars a month to those who are eligible and
disabled. If you have not worked and paid enough taxes to qualify
for DIB, you may still qualify for SSI.
How A Decision Is Reached: Once a
person is determined to be eligible for DIB and/or SSI on a
financial level, the Social Security Administration then makes a
determination if you are disabled. The final key questions are: (1)
due to a physical or mental impairment, or combination thereof, are
there no jobs in the national economy in significant numbers that you can
get.(Are you totally disabled from ALL work?); and, (2) has this
disability lasted at least 12 months, or is it expected to last at
least 12 months?
In
answering these questions, the Social Security Administration looks
at several factors including:
-
Age -
the older a person is, the less likely they can be retrained or
find other work.
-
Education
- the less education a person has, the less likely they can be
retrained for another type of work.
-
Work/Vocational
Experience - a person with limited work and vocational experience
will have a more difficult time trying to transfer to a different
type of job.
-
Physical
and/or Mental Impairments - the more serious the impairment, the
less likely a person is to be able to perform any type of work. An
important thing to remember concerning Social Security Disability
is that in order to be considered disabled, it must be determined
that you could not work ANY TYPE OF JOB. An older person (50+)
with little education and few skills and a debilitating back
injury is much more likely to be approved than a thirty-year-old
with a high school education and a knee injury.
Waiting Periods: There
is an arbitrary five-month waiting period until you receive
disability benefits. You must wait five months from the onset date
of your disability until any benefits begin.
Medical Coverage: When a
person becomes entitled to DIB or SSI, they are typically entitled
to medical coverage as well. There is often a two-year wait from
some forms of medical coverage. If you are currently disabled and do
not have any medical benefits, consider contacting the Division of
Family Services and making an application for Medicaid.
Abandoned Citizens: An
example of an abandoned citizen would be a wife who stays home to
raise her children. Her husband makes a good living bringing home
$2000 per month. She develops a severe disabling condition that
requires extensive medical treatment. Since she has not worked and
paid taxes, she does not qualify for DIB. Her husband works so they
have too many assets for her to qualify for SSI. This is a problem
that needs to be addressed. Please contact your state and
federal representatives and urge them to change the laws so that
these unfortunate people will be able to receive some sort of
benefit.
Research and Resource Links: For
further information and links to valuable research and resources,
please check out our Research and Resources page by clicking here.