Friday, April 28, 2023

What Is Social Security Disability 5-Year Rule?

California Disability Advocates

Specializing in Social Security Disability Claims


logo 1.jpg

What Is Social Security Disability 5-Year Rule?

The reality of living with a handicap may be terrifying. It has the potential to sap your strength and leave an emotional scar. If you are unable to work due to a handicap, you may find it challenging to pay for basic living costs. 

The Social Security Administration (SSA) offers programs, including Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI), that may help in such a time of need.

However, the SSA’s complex processes and technicalities make it very difficult to become eligible for SSI or SSDI compensation. If you have a long enough work history and meet the other requirements for SSDI benefits, you may apply for them and get the money you need if you become disabled. 

However, SSDI payments are determined by work credits and the 5-year rule. Understanding these ideas can help you decide if you are eligible for SSDI benefits.    

                                       

What is Social Security Disability Insurance (SSDI)?

The goal of the Social Security Disability Insurance (SSDI) program is to give financial support to people who are unable to work due to medically-determined physical or mental impairment(s) that have lasted at least 12 months, are likely to continue at least 12 months, or will result in death. 

The SSA manages the federal SSDI disability insurance program. Earnings from work or self-employment taxed into the Social Security system count toward qualification for SSDI payments from the Social Security Administration (SSA).


Disability Insurance Eligibility Requirements


There are three requirements that must be met in order to qualify for Social Security Disability Insurance payments.


  1. You must have a medical condition(s) that fits the criteria set out by the Social Security Administration to qualify as a disability.
  2. For the next 12 months, your impairment prevents you from working.
  3. To be eligible for SSDI payments under SSA guidelines, you must have worked long enough and paid enough Social Security taxes.

Monthly SSDI payments are determined by a number of variables, including your work history. Your lifetime earnings are the basis for determining them. The amount of SSDI benefits you get depends on how much you earned and paid into Social Security. 


What is the “5-Year Rule” for Social Security Disability?

Income earned each year qualifies workers for SSDI credits. The maximum number of credits an employee may earn in a year is 4. 

To be eligible for SSDI payments, you must have worked for 5 of the 10 years prior to your disability, since this is the minimum number of years required to earn 20 work credits. This is known as the “5-year rule” for Social Security disability benefits.


The minimum yearly salary at which you’ll get one credit varies somewhat from year to year, in line with the general trend of rising wages. 

Starting in 2023, for every $1,640 you earn, you’ll get one credit. No matter how many jobs you have or how long you go without being paid, the credits you’ve already earned will always be there.

To receive SSDI payments, most applicants must have accrued 40 credits of employment history. The minimum required number of labor credits varies by age and employment history of the candidate. The criteria is that at least 20 of those labor credits have to have been accumulated in the decade before your impairment. 

Work criteria are less strict for younger employees than for older workers, but if you haven’t worked in the last 10 years, you probably won’t be eligible for SSDI.



When Work Credits Are Insufficient, What Can Be Done?


If you do not have enough work credits or if you do not meet the Social Security Disability 5-year criteria, you will not be eligible for SSDI payments. You may still be eligible for Social Security payments, however, under the agency’s Supplemental Security Income (SSI) program. Applicants for Supplemental Security Income (SSI) must be 65 or older, blind, handicapped, or both.

To qualify for SSI, you do not need to have worked in the past. In contrast to Social Security Disability Insurance, which is a government insurance program, SSI is a means-tested program run by the Social Security Administration that assists handicapped people who lack adequate income or resources to satisfy their basic needs.

In addition, you cannot be receiving any other financial benefits or payments and must fall below the SSA-mandated income and resource limits in order to qualify for SSI.

Money in the bank, life insurance, property, automobiles, and other forms of personal wealth are all off-limits. Everything that may be bartered for necessities like clothing or a roof over one’s head is included. To this end, a single person is allowed $2,000 in assets, while a married couple is allowed $3,000 in assets.

However, it is incredibly challenging for people to comprehend whether they qualify for the needs-based program due to the various laws and procedures involved in the process of applying for SSI benefits. This may make applying for SSI more difficult than it has to be. 


Prerequisites for Filing for Disability Benefits from Social Security

Documents will seldom be required by the SSA in 2023. The Social Security Administration obtains all medical data directly from the source; most information can be checked online. Personal records have less weight than those sent directly from a healthcare practitioner.

You shouldn’t wait for paperwork or postpone submitting an application because of it. It’s a great practice to apply as promptly and precisely as possible.

Information required for your application includes:

  • Details about yourself such as your name, date of birth, birthplace, address, phone number, and Social Security number.
  • Current and previous spouses’ full names, SSNs, and dates of birth or ages.
  • Child(ren)’s full name(s) and date(s) of birth.
  • The account and routing numbers for your bank if you choose direct deposit.
  • Specifics about your current health situation include your diagnosis, any physicians you’ve seen, any tests you’ve done, and any medications you’re now taking.
  • Identify a non-medical contact who is familiar with your medical history and can help you with your application by providing their name, address, and phone number. 
  • Please provide both your current and previous place of employment.
  • If your income fluctuates widely or if you saw a considerable loss in income due to your health, you should provide pay stubs for the previous year.



Can You Get a Job If You’re Disabled?


Although obtaining Social Security disability benefits does not prevent you from working, it is important to understand how your earnings might affect your payments. There are various distinct levels, each with its own name. The data presented is accurate only for the year 2023. You may make as much money as you like for the first nine months after starting benefits. These need not be consecutive months. Thankfully, a Trial Work Period (TWP) month is consumed by employment only if your income is more than $1,050.


Once your first TWP of nine months has expired, you will join an EPE. During these three years, you will not be eligible for benefits if your monthly income is greater than $1,470. But if your monthly gross income is less than $1,470, you are eligible for a benefit. 

Your benefits will be terminated if you make too much money in a particular month after your three-year EPE expires. The Expedited Reinstatement (EXR) procedure is where you should reapply. This is meant to be faster than the original application, but it still may take a while.


Do You Need Individual Disability Coverage?

Private disability insurance is something that most individuals should look into. Check your estimated monthly benefit amount in your My Social Security Account on SSA.gov to see whether you qualify for this supplement.

You may not require a private disability insurance plan if your monthly benefits will cover your monthly expenditures and you have enough resources to cover your monthly expenses for at least six months while you wait for your gifts to begin.

Others should save enough to bridge the difference between their monthly Social Security benefit and living expenses.


Final Thoughts


If you’re healthy and don’t believe you need private disability insurance, reevaluate. The Social Security Administration estimates that 24% of today’s 20-year-olds will become incapacitated before they reach age 67, and yet 65% of private sector employees do not have access to long-term disability insurance. 


Our Office is comprised of the best disability representatives and experienced representatives, who are competent and compassionate.


We are well known and recognized for over 30 years for our diligence in

Los Angeles, Santa Monica, Irvine, Orange County, San Diego,

San Fernando Valley, Ventura, Santa Barbara, Riverside, San Bernardino areas and throughout the state of California.


Having handled thousands of successful Social Security disability cases, our office is well aware of the complications of filing and appealing claims.


We understand that one primary consideration why people who are in dire need of disability benefits hesitate to seek help is because of the high costs. Consistent with our desire to help people who are qualified to receive disability benefits, we offer 

Free Case Evaluation

so that we can immediately inform you of your rights and help you properly decide on how to go about claiming your disability benefits. 


We only get paid if we win your case!


We can sign you up over the phone, by email, fax and even text.


Visit our Website
Facebook  Instagram

Wednesday, April 26, 2023

Denied SSDI Social Security Disability?

California Disability Advocates

Specializing in Social Security Disability Claims


logo 1.jpg

Social Security may be failing well over a million people with disabilities – and COVID-19 is making the problem worse

The big idea

More than half of U.S. adults over the age of 50 with work-limiting disabilities – likely over 1.3 million people – do not receive the Social Security disability benefits they may need, according to new peer-reviewed research I conducted. In addition, those who do receive benefits are unlikely getting enough to make ends meet.

The Social Security Administration operates two programs intended to provide benefits to people with disabilities: Disability Insurance and Supplemental Security Income, the latter of which hinges on financial need. Their shared goal is to ensure that people with work-limiting disabilities are able to maintain a decent standard of living.


I think it’s fair to say that if a disability benefit is truly available to those who need it, then a large portion of people with work-limiting disabilities should actually receive the aid.

To learn if that is true for the disability programs, I analyzed data over time from a long-running survey of adults older than age 50 called the Health and Retirement Study. The survey included information on disabilities and finances for tens of thousands of people from across the country and was linked to disability benefit records from the Social Security Administration. As the disability programs primarily serve those in their working years, I only looked at people who hadn’t yet hit the full retirement age.

The data showed that the share of people with substantial work-limiting disabilities who received Disability Insurance, Supplemental Security Income benefits or both rose from 32% in 1998 to 47% in 2016, which was the last year the data was available. This is just a little above the average among 27 high-income countries I compared the data with.

Using the most recent Census data, I estimate that more than half of those with work-limiting disabilities between the ages of 50-64 — about 1.35 million people — likely need these benefits but aren’t getting them.


I also examined the generosity of disability benefits in the U.S. by using regression analysis, a statistical tool that allowed me to compare the relationship between multiple variables. This helped me identify whether disability benefit recipients experience greater difficulty achieving financial security compared with adults who are not on benefits but have similar social and demographic backgrounds.

I found that those receiving benefits, and particularly Supplemental Security Income, struggled more and experienced less financial security than their peers.


Why it matters


Nearly a quarter of U.S. adults who head a household will report a severe disability that limits their ability to work at some point in their lives.

Many will look for financial support from Social Security’s disability programs, which together provide benefits to more than 12 million people in 2023.

The Disability Insurance program, established in 1956, provides benefits to those who meet a specific definition of disability and have paid Social Security payroll taxes. The average payment as of February 2023 was $1,686 per month.

The Supplemental Security Income program, established in 1972, pays cash benefits to adults and children who also meet the definition of disability and who have financial need. The maximum payment as of 2023 was $914, though some states supplement this with their own programs.

My research suggests that well over 1 million people with disabilities who face substantial barriers to employment are not getting the assistance they need. But what’s more, even those who receive benefits are likely not getting enough. Past research shows that more than 20% of Disability Insurance recipients and 52% of Supplemental Security Income recipients live in poverty despite receiving these benefits.


What still isn’t known

This research looked at data from 2016 and earlier, but a lot has changed since then.

Chronic understaffing at benefit offices — long-running but worse since the COVID-19 pandemic began — are making benefits harder to get at a time of growing need. An estimated 500,000 people are experiencing disabilities as a result of long COVID. And those experiencing it report having even more trouble receiving benefits.

So the problem is probably worse today.


This article is republished from The Conversation, an independent nonprofit news site dedicated to sharing ideas from academic experts. If you found it interesting, you could subscribe to our weekly newsletter.

It was written by: Zachary MorrisStony Brook University (The State University of New York).

Our Office is comprised of the best disability representatives and experienced representatives, who are competent and compassionate.


We are well known and recognized for over 30 years for our diligence in

Los Angeles, Santa Monica, Irvine, Orange County, San Diego,

San Fernando Valley, Ventura, Santa Barbara, Riverside, San Bernardino areas and throughout the state of California.


Having handled thousands of successful Social Security disability cases, our office is well aware of the complications of filing and appealing claims.


We understand that one primary consideration why people who are in dire need of disability benefits hesitate to seek help is because of the high costs. Consistent with our desire to help people who are qualified to receive disability benefits, we offer 

Free Case Evaluation

so that we can immediately inform you of your rights and help you properly decide on how to go about claiming your disability benefits. 


We only get paid if we win your case!


We can sign you up over the phone, by email, fax and even text.


Visit our Website
Facebook  Instagram

Friday, April 21, 2023

Getting disability benefits and currently working or want to?

logo 1.jpg

Supplemental Security Income (SSI) in California

If you get disability benefits and are working or want to work, Social Security has good news for you. Our work incentives and Ticket to Work programs can help. Special rules make it possible for people receiving Social Security disability benefits or Supplemental Security Income (SSI) to work and still receive monthly payments.

And, if you can’t continue working because of your medical condition, your benefits can start again — and you may not have to file a new application.


Work incentives include:

• Cash benefits that continue, for a time, while you work.

• Medicare or Medicaid benefits that continue while you work.

• Help with education, training, and rehabilitation to start a new line of work. Social Security and SSI have different rules.

Other social services

People who qualify for SSI are often eligible for additional programs and services provided by their local county health or human services office. These other services or benefits may include:

   A special allowance for assistance dogs for people who are blind or who have a disability.

   Certain domestic and personal care services provided to eligible people who are of advanced age, blind, or who can’t perform the services themselves.

These are people who can’t safely remain in their own homes unless such services are provided.

   Protective services.

For more information, contact your local county health or human services office.


Monthly SSI payment amounts

The table on the back of this page lists the combined federal and state payment amounts. Not all SSI recipients get the maximum amount. Your payment may be lower if you have other income.

Facebook  Instagram

Social Security Administration

Publication No. 05-11125 January 2022 (Recycle prior editions) Supplemental Security Income (SSI) in California Produced and published at U.S. taxpayer expense