Increase In Social Security Disability Benefits For 2014

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Social Security Administration (SSA) has announced a cost of living adjustment of 1.5% for 2014.  As a result, monthly benefits for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) beneficiaries will rise next year.

With the increase, the maximum federal benefit for an individual receiving SSI will rise from $710 per month to $721. The benefit for a couple on SSI will grow from $1,066 per month to $1,082. Many states add to SSI benefits for their residents meaning that actual payments could exceed these caps.  Massachusetts is one of the States that adds a supplemental benefit.

Filed Under: Social Security Disability, SSDI, Supplemental Security Income

Can I Qualify For Disability Benefits With Anxiety?

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Generalized Anxiety Disorder (GAD) is a disorder characterized by feelings of stress, tension, worry and apprehension.  To qualify for disability benefits based on anxiety, your condition must be more than general worrying over specific events.  Your condition must be so severe and overwhelming that it affects your activities of daily living and prevents you from working.

Symptoms associated with anxiety often include:

  • Restlessness
  • Fatigue
  • Difficulty concentrating
  • Irritability or explosive anger
  • Muscle tension
  • Sleep disturbances
  • Personality changes, such as becoming less social

[Read more…]

Filed Under: Generalized Anxiety Disorder

Applying For Disability With PTSD

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Post Traumatic Stress Disorder (PTSD) is a disorder which occurs after experiencing a physically or psychologically traumatic event.  Examples may include, but are not limited to, an accident, physical or sexual abuse, or natural disaster.  Veterans may experience events that are both physically and psychologically traumatic in the course of combat during their military career.  PTSD can cause sleeplesness, anger, anxiety, nightmares, flashbacks, hypervigilance and fear.  Treatment for PTSD can include medication, counseling, cognitive-behavioral therapy and pyschotherapy.

As with any Social Security Disability claim, you must ensure that all of your limitations are documented.   This may be accomplished in your medical records, supplemented with opinion or medical source statements by your treating physicians, or by any other means which can prove your inability work.  Some of the limitations associated with PTSD that could impact your ability to work include fatigue, memory loss or concentration issues.  Some claimants may not be able to perform certain types of work if they have issues with concentration, working closely with coworkers or the general public, or would need to take time off due to medical appointments, sickness or counseling sessions.

Please call our office if you have any questions regarding filing for disability benefits with Post Traumatic Stress Disorder.

Filed Under: Post Traumatic Stress Disorder

How Will The Government Shutdown Affect Social Security?

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I have been asked this question several times over the past week.   There have been delays in dealing with the local Social Security office, and services have been limited.  If you have a disability hearing before an Administrative Law Judge scheduled, however, there does not appear to be any delays or rescheduling due to the Government shutdown.   Please refer to the SSA website for a detailed list of the services still provided during the shutdown.

Filed Under: Social Security

Planning With Special Needs Trusts

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When your estate plan includes family or friends with special needs, care must be taken.  As the Supplemental Security Income (SSI) program is means tested, beneficiaries are allowed only $2,000 in countable assets to retain eligibility.  Although Social Security allows beneficiaries to have one house and one car, any other assets over $2,000 will be countable and affect eligibility.  Therefore, if you leave money to a loved one who is receiving SSI or Medicaid benefits, there is a good chance it will affect their eligibility.  More importantly, it may affect the medical insurance they receive as part of their benefits.

One option to consider when your estate plan includes special needs family members is a Special Needs or Supplemental Needs Trust.  With this option, instead of leaving your assets directly to your loved one, you leave it to the Special Needs Trust for their benefit.  If the trust is properly drafted, the beneficiary can benefit from the assets without affecting their eligibility for Medicaid or SSI.  This type of Special Needs Trust is a Third Party Special Needs Trust.  Another type of Special Needs Trust is the Self-Settled Special Needs Trust, which will not be discussed as part of this post.

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Filed Under: Special Needs Trust

Qualifying For SSI and SSDI Disability

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If you are disabled and can’t work, there are numerous programs and assistance to help you.  Two of those programs at the federal level are Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).  Although there are several differences between the SSI and SSDI disability programs, there is one similarity.  The definition of disability is the same and medical disability is assessed the same way under both programs.

Supplemental Security Income (SSI)

Supplemental Security Income (SSI) is the disability program for those individuals that have not worked or have not worked enough recently to be insured for benefits. It pays monthly cash benefits to people who are age 65 or older, those who are blind, or those who have a disability and have $2,000 or less in assets and have no or limited income. Both adults and children can apply for SSI.

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Filed Under: Social Security Disability, SSDI

New Bill Would Expedite Disability Benefits For The Terminally Ill

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Congress introduced a bill recently that would expedite SSDI benefits for the terminally ill.  SSDI benefits provide cash assistance for individuals that have paid FICA taxes and found disabled by the Social Security Administration.  This bill would ensure that those individuals with a short life expectancy receive the benefit that they deserve when they need it.  Under existing law, there is a five-month waiting period before and individual can receive SSDI benefits.  The “Expedited Disability Insurance Payments for Terminally Ill Individuals Act of 2013” would allow people whose medical condition results in a life expectancy of six months or less to receive:

  • 50% of SSDI benefits within the first month of diagnosis
  • 75% of monthly benefits for the second month
  • Full benefits for the third and all following months up to one year

[Read more…]

Filed Under: SSDI Legislation

Disability Benefits For Children With Congenital Heart Defects

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Congenital heart defects (CHD) are Americas #1 birth defect, affecting nearly 1 out of every 100 babies. CHD are the leading cause of all infant deaths in the United States.

Defects can range from a hole in the heart and obstructed blood flow to conditions such as HLHS where multiple parts of the left side of the heart do not develop completely.  Surgeries can range from catheterizations to major open heart bypass surgeries and transplants.  Symptoms may include bluish skin, shortness of breath and fatigue.

SSI disability benefits are available to children with Congenital Heart Defects.  There are several CHD listed on SSA’s compassionate allowance list.  Children may also meet several listings to qualify for benefits.  The listings are:

104.6 – Congenital Heart Disease

To qualify under listing 104.6, the child must have cyanotic heart disease with chronically low blood oxygen, demonstrated by one of the following:

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Filed Under: Children's SSI Disability Benefits, Congenital Heart Defect

Redetermination For Children’s Disability at 18

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Many parents have asked what happens to their child’s disability benefit when they turn 18.  Do they automatically lose the benefit?  The answer is no.

At age 18, the child must go through a process called a redetermination of benefits to determine whether or not their benefits should continue.  The reason for this process is because the standard to determine disability is different for adults as it is for children.  As a child, the Social Security Administration (SSA) determines limitations based on functioning over six domains of function.  When the child turns 18, SSA must examine the child’s limitations and how it affects their ability or capacity to work.

So how does SSA determine a child’s ability to work at age 18 with little or no work experience.  SSA will assess the child’s ability to work or enter the workforce based on limitations observed in school, part-time work or volunteer position, and discussing the child’s limitations with persons that may have made observations regarding the ability to work.

Documentation will be needed to show these limitations and may include:

  • Medical records
  • School records
  • Teacher statements
  • Counseling records
  • Statements by employers, charities, internships and volunteer opportunities
  • Statements by family
Filed Under: Child's Disability Benefits

Children’s Disability Benefits

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Can my child qualify for disability benefits? This is an often asked question and the answer is yes.  Disabled children are entitled to disability benefits under the Supplemental Security Income (SSI) program.

Similar to adults applying for disability, your child’s case will be examined by the State agency that is assigned to evaluate the case and make a decision on disability.  The process and standard for being examined, however, are a bit different for children.  The process to determine disability for adults focuses on the severity of the claimant’s impairment and how the impairment affects the claimant’s ability to work.  As the majority of those applying for children’s benefits do not work, the process must address separate factors.  Children will be found disabled if two elements are satisfied:

  1. The child’s physical or mental condition or a combination of conditions results in marked and severe functional limitations.  The condition(s) must severely limit your child’s activities, and;
  2. The condition(s) must have been disabling, or be expected to be disabling, for at least 12 continuous months.

Some of the areas examined to determine if there are marked and severe functional limitations are:

  • Acquiring and using information
  • Attending and completing tasks
  • Interacting and relating with others
  • Moving about and manipulating objects
  • Caring for yourself
  • Health and physical well-being

If the child’s condition(s) results in marked and severe functional limitations for at least 12 continuous months, Social Security will find the child disabled and award SSI benefits.  In most States, children receiving SSI benefits will qualify for Medicaid coverage.

For a No Cost case evaluation, or if you have any questions regarding your child’s eligibility for disability benefits, feel free to contact our office at (508) 421-4610.

Filed Under: Children's SSI Disability Benefits, Disability