skip to main |
skip to sidebar
Claimants for Social Security disability must be disabled as defined under the rules of Social Security Administration (SSA) to avail of the benefits. Not only must he be physically or mentally impaired but he must also be disabled for a certain period of time.
The query now is for how must you be disabled to be entitled for the benefits?
The answer is this: an individual must be disabled and unable to work for a continuous period of not less than 12 months.
Therefore, if your disability is expected to last for a year, you should and must apply for disability as quickly as possible. Most people make the mistake of waiting for some time after becoming disabled before filing a disability claim with the SSA.
If you calculate the months involved, your claim would pass through a lengthy process. Note that the examiners have no deadlines in evaluating your application. Further, appealing the denial of your claim could also take months or years.
In most cases, claims end up in the hands of an administrative law judge hearing or of the Appeals Council Review.
Considering all the periods, you have to file a disability claim the moment you ascertain that your disability would last for at least 12 months. Otherwise, by the time you get your benefits, you may have been in a much worse situation as months passed since you became disabled.
Be reminded that the period above does not include the time within which the claimant could file. Usually, a two-month period is given to file an appeal. The two-month period is different from the period of the appeal process itself. With this, you can only imagine how long the process could be.
The global financial crisis has brought challenging consequences. Jobs were lost, most companies closed, employees dismissed and prices of food and commodities increased.
Cost cutting has become the trend for most companies. One way of cutting costs is through mass lay off. First to go are employees who are getting high salaries and benefits. Oftentimes, these are old employees.
Older employees are replaced with young and healthy ones who ask for less salary and benefits. By doing so, work is not compromised and costs are minimized. Consequently, older employees are forced to find another job or stay at home.
Should they decide to find another job, chances of being hired are slim. Just like their previous employers, a potential employer may also be cutting costs thus, prefer young employees.
The impact of the dismissal from work of old employees is greater. Aside from being jobless, they might be under treatment or medication for certain illness. With the increasing expenses but depleting resources, they are left with no choice but to file a Social Security disability claims.
Consequently, the financial crisis has indirectly caused the increase in disability claims. As long as people continue to lose jobs, disability claims would pile up. In fact, the Social Security Administration revealed that applicants incr
eased by 15% during the last 2 years.
No wonder, the filing of disability claims has been made as an alternative of dismissed employees who are in need of financial assistance.
The physical incapacity of blind or disabled individuals often entails financial hardships. As the government recognizes this problem, various programs are implemented to assist eligible individuals.
For old or disabled individuals who have been employed but not qualified under SSDI or who have not been employed at all, they could apply for Supplemental Security Income (SSI).
The query now is: Can claimants availed SSI simultaneously with other benefits such as Medicaid?
The answer is yes.
Medicaid is a federally operated program which pays for basic medical care of blind or disabled, age 65 or older, children, or members of families with dependent children.
While it is funded by the Federal Government, it is run by each state. The state determines who are eligible. It also decides the amount and services due each claimant.
For some states, the SSI application is also the Medicaid application. Usually, Medicaid eligibility begins in the same month as SSI eligibility. In some states though, separate application is required for Medicaid and SSI applications.
The next query is: Will the approval of SSI application means approval of Medicaid application or vice versa?
The answer is no.
SSI application and Medicaid application are assigned to different disability examiners. Hence, rulings on each application may vary. However, an examiner can simply adopt the decision made in the SSI application when deciding for a Medicaid application. If there is no SSI application to adopt, the Medicaid claim would be returned to the county caseworker who actually took the application.
One thing is clear: when you are an SSI recipient, you could also get Medicaid benefits that can help you pay doctor and hospital bills. You just have to contact your local social services or public welfare office for details.
Social Security benefits such as SSD or SSI has been the refuge of the elderly and disabled. However, process is slow and claims are subject to denials. Hence, pursuing a claim takes time and a lot of patience.
In case of denial, an applicant is given two months within which to submit an appeal. Some appeal immediately while some would wait longer.
Filing an appeal as quickly as possible is advised. This would mean your application would be processed earlier hence, the sooner you can draw benefits. While it is true that denial could bring disappointment and depression, filing at end of the two month period would further delay your application.
If your claim is denied and you want to pursue it alone, immediately contact your local social security office and request an appeal. On the other hand, if you want to be represented, you should procure a representative at once.
An unrepresented claimant must accomplish the disability appeal paperwork upon receipt. Appeal documents must be completed and returned to the social security office while keeping a copy for ones records. A follow-up call should be made to confirm the receipt of the appeal. If the office has not received it, the claimant may call again to check until receipt is obtained.
On the other hand, a represented claimant must coordinate with his representative whether a disability lawyer or non-attorney representative’s office staff for an immediate plan.
All in all, claimants waste four months in a disability case - two months for request for the reconsideration and another two months for the request for hearing. If claimants procrastinate in filing, the waiting period could be financially injurious to them. Hence, appeals should be filed quickly to prevent financial fall out.
Securing a Social Security disability benefits has always been difficult. Its natural slow process is even made slower by frequent denials of applications.
With the current economic condition, more people are applying for benefits just to make ends meet. This is because older, sickly and disabled individuals are the first ones to be laid off from their jobs.
However, to ensure approval of claim, it is best to assess the situation just like any other.
Before filing a claim, it is best to be acquainted with the process so you know what you are getting into.
First, know if you are even covered by the term disability as defined by the Social Security. Disability for benefits under title II (SSD) and title XVI (SSI) is defined as “inability to engage in any substantial gainful activity by reason of any medically determinable physician or mental impairment which can be expected to last for a continuous period of not less than 12 months or result in death."
This definition is followed in its letter. If you are not disabled within this definition then your application would be denied.
Second, delay in filing your claim could be a potential harm. Initial disability applications could take from 30 to 100 days to process. The waiting period could be more if you have to pursue an appeal process.
Third, approval of the application does not mean outright receipt of disability check. In addition to processing time of the initial disability, a 5-month waiting period would be imposed before receiving a monthly benefit check.
Last, you must plan your financial resources pending application. This might seem hard to do as most applicants are disabled or old trying to live on a daily basis. It would be hard to expect them to make any financial planning for months or years until approval.
Applying for a disability benefits is like engaging in a long war. You should never go to battle unprepared. You may ask for the assistance of a disability lawyer to walk you through the process.
