Monday, July 28, 2014

BASIC DISABILITY FACTS: TEST YOUR KNOWLEDGE

Check out your knowledge of basic Social Security disability facts.  It might enlighten you, especially if you are considering filing a disability benefits claim or have recently filed a claim.  Answers are given at the end.

1. What are the financial resource limits for an individual wishing to get Supplemental Security Income or SSI?

2.  What are the financial resource limits for a couple wishing to receive SSI benefits?

3.  If a claimant's established onset date (EOD) is July 17, 2013--when will he be eligible to receive the first month's payment in a Social Security disability or Title II claim?

4.  If the individual in question 3 had filed a Title XVI claim (SSI), when would he first be eligible for payment of benefits?

5.  John, who is not blind, works 30 hours per week and earns $345 per week in gross hourly earnings.  Will this income make him non-eligible for a Title II disability claim?  Why or why not?

6.  Sheila worked as a dental hygienist for 11 years but stopped working 6 and one-half years ago at age 37. She recently found out that she has a life threatening illness and probably will  never be able to work again.  Can she file for a Social Security disability claim under Title II (regular Social Security disability)?  Why or Why not?

7.  Sheila (in No. 6) cannot work but her husband is an engineer who earns $90,000 per year.  Will Sheila be able to collect SSI benefits because of her severe impairment?  Why or why not?

8.  An individual is found disabled under Social Security disability because of a severe mental illness.  This individual has 1 child who just became 19 years of age but has 7 more months before graduating high school.  Is the child eligible for dependent's benefits under the parent's disability claim?  If so, for how long is the child eligible?

9.  About what percentage of Social Security disability and SSI claims are approved at the initial application level without requiring an appeal or hearing?

10.  You hire an attorney to help you with a Social Security disability claim.  The claim is denied and you are required to appeal.  At the hearing, the judge again denies your claim.  The attorney has worked almost 2 years on your case.  Is he entitled to charge you a small fee for his time and effort?

ANSWERS

1.  $2,000 but some exclusions are available.

2.  $3,000 but some exclusions are available.

3.  January 2014

4.  August 2014 (but for SSI benefits only)

5.  He is non-eligible for SSDI benefits because he is earning above substantial gainful activity level.  (Blind individuals are allowed to have higher earnings before reaching SGA level).

6.  Probably not because she hasn't worked in over 6 years.  Her insured status with Social Security has probably expired.  Coverage expires in a few years after a person stops working.

7.  No because her husband's income counts as "household income" and it is too much for SSI.

8.  As long as the student is 19, she may be eligible for dependent's benefits for 7 months until she completes high school.  College students are not eligible as dependents.

9.  slightly under 30 percent

10.  No.  Social Security must approve all fees and they will not approve this fee.  The attorney may charge for actual out-of-pocket expenses if that arrangement was agreed upon. Social Security does not have to approve payment of expenses.
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Need help with a difficult Social Security disability claim?  Contact the Forsythe Firm in Huntsville at (256) 799-0297.

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