Tuesday, May 30, 2023

The Basics About Disability Benefits

California Disability Advocates

The Basics About Disability Benefits

The SSDI program pays benefits to you and certain family members This means that you worked long enough – and recently enough - and paid Social Security taxes on your earnings. The SSI program pays benefits to adults and children who meet our requirements for a qualifying disability and have limited income and resources.

While these two programs are different, the medical requirements are the same. If you meet the non-medical requirements, monthly benefits are paid if you have a medical condition 

expected to last at least one year or result in death.

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The Disability Application Process

Whether you apply online, by phone, or in person, the disability benefits application process follows these general steps:

  •  You gather the information and documents you need to apply. We recommend you print and review the Adult Disability Checklist It will help you gather the information and documents you need to complete the application.


Checklist for Adult Disability Application

 

Date and Place of Birth — If you were born outside the United States or its territories


  1. Marriage and Divorce 
  2. Names and Dates of Birth of Children  
  3. U.S. Military Service 
  4. Employer Details for Current Year and Prior 2 Years (not self-employment)  
  5. Self-Employment Details for Current Year and Prior 2 Years 
  6. Direct Deposit — Domestic bank (USA) 
  7. Direct Deposit — International bank (non-USA) 
  8. Alternate Contact 


List of your Medical Conditions 


  1. Information About Doctors, Healthcare Professionals, Hospitals, and Clinics 
  2. Job History 
  3. Education and Training 
  • We can help you complete and submit your application.
  • We review your application to make sure you meet our basic requirements
  • We confirm you worked enough years to qualify.
  • We evaluate any current work activities.
  • We process your application and forward your case to the Disability Determination Services office in your state.
  • This state agency makes the disability determination decision.


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Once You've Applied

Processing time for disability applications vary depending on the nature of the disability, necessary medical evidence or examinations, and applicable quality reviews.

Once we receive your application, we’ll review it and contact you if we have questions. We might request additional documents from you before we can proceed.

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Tuesday, May 23, 2023

What Is Social Security Disability 5-Year Rule?

California Disability Advocates

Specializing in Social Security Disability Claims


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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.


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Friday, May 19, 2023

NEW Medi-Cal Programs with Asset Limits

California Disability Advocates

Specializing in Social Security Disability Claims


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What are​ assets?​​

​Assets are things you own, which can be counted for Medi-Cal eligibility. These items include bank accounts, cash, second vehicles and homes, and other financial resources. Please see below for examples.​​


Do assets include mon​thly income?​​

​No, assets are things you own, and do not include income, such as social security and retirement payments or monthly income.​​​



Did the types of assets that are counte​d change?

​​No, the types of assets that count for Medi-Cal have not changed, just the limit. Please see below for examples.​​​​

Countable

Not Countable

​​Bank Accounts

Retirement funds (like IRAs) if you are taking the minimum Monthly Distribution

2nd Homes​

Primary Home (where you live)​

2nd Vehicles



Primary Vehicle

Cash

Tools necessary for work

What are the former asset li​mits?​

​The former limits are $2,000 for one person and $3,000 for a couple.


What are the ​new limits?​

The new limits are $130,000 for one person and an additional $65,000 for each additional family member. Please see below for more information.



New Asset Limits as of July 1, 2022​​​

Household size

Asset limits

1 person

$130,000

2 people

$195,000

3 people

$260,000

4 people

$325,000

5 people

$390,000

6 people

$455,000

7 people

$520,000

8 people

$585,000

9 people

$650,000

10 people

$715,000

​Who do ​these new asset limits apply to?​

These asset limits apply to people who have Medi-Cal or want to have Medi-Cal, and those who are aged, blind, or disabled. Please see below for a list of some of the main programs which have asset limits.


Medi-Cal Programs with Asset Limits​

Program Name​​

Program Description

Aged, Blind, ​and Disabled Federal Poverty level Program

For people who are over 65 years old, disabled, and/or blind. This program is free.

250% Working Disabled Program

For people who are disabled and also working.

Long-Term Care

For people who are living in a long-term care facility.

Medically Needy with a Share of Cost

For people who are over 65 years old, disabled, and/or blind. This program has a monthly cost.

Medicare Savings Programs

For people who get Medicare. These programs help pay for Medicare costs, like copays and premiums.

​​Wh​at should I do if I think this change applies to me?​​

You can contact us to see if these changes apply to you. If you are not currently on Medi-Cal, we can help you apply.


​​Need help now?

For information on Medi-Cal

CALL US TODAY

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