Top rated firm representing injured and disabled persons and their families.
When you or a loved one are disabled, getting approved for Social Security Disability is critically important. The monthly benefits may be your only income. Qualifying for Medicaid or Medicare, which is usually automatic with approval for Disability or SSI benefits, may be your only way to afford health care and medicines.
Kenneth A. Wagoner of our firm represents disabled persons who apply for Social Security Disability and SSI. He has successfully handled hundreds of cases over the past twenty years.
There is no charge to discuss your disability case with our firm, and you are under no obligation. Cases are usually undertaken on the basis of no fee unless you win.
Wagoner is a sustaining member of the National Organization of Social Security Claimants' Representatives. He has represented persons with nearly every type of physical and mental impairment, and handles cases at all levels of the disability determination process, from the initial application, to the administrative judge hearing, to the appeal level in Federal Court.
Following is some information about Social Security disability benefits which we hope may answer some of your questions. Please feel free, however, to contact our firm to discuss your particular case free of charge.
SOCIAL SECURITY DISABILITY OR SSI?
There are two main types of social security disability benefits. The first is disability insured benefits, also referred to as DIB, Title II benefits, or SSD. The second is supplemental security income, also referred to as SSI.
A disabled person qualifies for disability insured benefits (SSD) if he has worked and paid social security withholding long enough to be insured. If so, then the benefit amount varies, depending on the level of earnings and the amount of withholding paid in over the years. Generally, the monthly benefit amount for SSD is larger than for SSI. If the disabled person was a high wage earner, the monthly benefit amount can be as much as about $2,500 per month.
If a person qualifies for SSD, it does not matter if he owns assets or has income from investments. Regardless of how much property he may own, he may still draw SSD because it is a type of insured benefit he has paid for.
If a disabled person has not worked and paid social security withholding long enough to be insured, he may still qualify for SSI, but only if his income and resources are below a certain level. The monthly benefit amount for SSI is generally lower than for SSD. Currently the maximum SSI amount is about $630 per month.
Some assets do not count as resources and do not disqualify a person from receiving SSI. These can include a house, vehicle and other assets.
DISABLED WIDOWS AND CHILDREN
Special rules apply to disabled widows and children, which may allow them to draw SSD benefits even though they have not worked and paid in enough withholding to be covered themselves for SSD.
A child who becomes disabled before his twenty-second birthday, and whose parent is deceased or disabled, may draw SSD on the earning record of the parent. This means the child may draw the amount of SSD benefits based on the earnings and social security withholdings of the deceased or disabled parent. In some cases this means that the child may draw much more than the amount of SSI benefits.
A widow or widower over the age of 50, who becomes disabled within seven years of the death of his or her spouse, may likewise draw SSD benefits on the earning record of the deceased spouse.
MEDICARE AND MEDICAID
When a disabled person is approved for disability, he will also then qualify for either Medicare or Medicaid.
Persons approved for SSD will then become eligible for Medicare, but not until approximately two years after the date they are determined to be disabled.
Persons approved for SSI will then become eligible for Medicaid under most circumstances.
CONTACT US
The law and regulations governing social security disability are complex. Our firm has expertise in handling these cases. Please feel free to contact us at any time to discuss your particular case or questions. There is no charge for an initial consultation, and no obligation of any kind.