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Disability Benefits And Related Questions

Do you want to know what disability is and how one qualifies for its benefits? Or, can disability benefits be paid retrospectively? A person can be struck with disability at any time and this could include psychological and mental disorders which can hinder or mar the person’s ability to lead an economically productive and independent life. The government through its social security department provides some respite to people who undergo such a trauma or trouble in their lives by granting them certain benefits and insurance provided they meet certain criteria and eligibility. Legal Experts online are the right source to obtain information and insights on various disability benefits that a person may be eligible for. Read below are a few questions answered by the Experts on disability benefits.

What is the definition of disability?

As per the social security department, the definition of disability is a person’s inability to work. A person is considered disabled under social security rules if they cannot perform the job they did earlier nor can they adjust or re-align themselves to any other work because of their medical condition. This disability should have lasted or expected to last a minimum of one year or can result in death.

How does one qualify for social security disability income (SSDI) or benefits?

If a person has worked for a certain number of years and gained 40 quarter credits needed for social security disability (SSDI), they become eligible to apply for SSDI benefits. The Supplemental Security Income (SSI) benefits are paid irrespective of the period worked in one’s lifetime. In rare instances, SSI and SSDI can be collected simultaneously based on the requirement of disability.

How is social security disability benefit different from social security retirement?

Social security disability varies from social security retirement. While social security retirement can be collected without any offset, workers’ compensation payments are offset against social security disability which causes the payment to reduce. This leads to an overall reduction of social security disability benefit while the social security retirement benefits do not reduce.

Is short term disability benefits reduced on working part time after being diagnosed with an autoimmune disease?

If a person returns to work part time because they become eligible for short-term disability, one can seek to receive the difference between their normal wage and what they are earning part time because it is physically not possible or that is the maximum that the person can work. Short term disability payments In future, only pay for a brief time after which one is not eligible to continue collecting benefits. It is better to read the policy as to the period of time that one is eligible to receive the difference in wages.

Can a person receiving short term disability accept a one-time commissioned art project?

It is possible but to do this it has to be under the work trial program. This program is to encourage disabled persons to revert to work where the social security authority provides a trial work period (TWP). During this period, a person receiving social security disability benefits are allowed to have unlimited earnings while they continue to receive complete benefits without risking termination. The trial work period states that the person should provide services for at least nine months out of a rolling 60-month period before the disability is deemed to have ended. As long as the income is reported the one month when the payment is received, it should not create any issues with the SS disability benefits. It is considered one month in the ‘back to work’ trial program.

Is it possible to apply for disability benefits for the two years that a person has not worked?

Under the Supplemental Security Income (SSI) program, retroactive benefits are not payable, backdated to the onset of the disability. It is payable from the date of the application and thereafter. SSI is paid to those people whose have insufficient work history/credit to apply for a regular social security worker's disability benefits. The other type of social security is the social security disability insurance (SSDI) payments which is based on the work history if there is sufficient credits in the system on the date one is applying for these benefits. The disability benefits here can approximately amount to $1,100 to $1,500 per month depending on the location and work history. The SSD program may award retroactive benefit but it is limited to the year prior to the application for SSD benefits. In case a person has applied for SSI benefits during this time period but have been denied, there is a possibility to make a case to the Social Security department about wrongful denial and receive some benefits in that manner for those years. To start this process, first one should visit the local social security office and make an appointment to speak with someone regarding any applicable additional benefits payable under the old application.

In California, can a person apply for disability benefits while her parents are also assisting her financially?

The person can apply to social security disability however, they are not eligible to apply for the California state disability unless they are employed at the time of applying for such a disability. The person’s eligibility for social security disability benefits can continue despite the financial support from the family.

Disability benefits can provide a foundation to regain equal footing or normal semblance in a disabled person’s life and it is unlikely for a layperson to be familiar with all aspects of disability benefits. While disability benefits are a fundamental right of a citizen based on the qualification of certain criteria, it also involves various legal issues and other factors apart from the ones elaborated above that may be more applicable to your situation or condition. In such cases a legal Expert can be of help in providing advice or processing the formalities required for claiming benefits.

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