Social Security Disability

Social Security Disability
Supplemental Security Income (SSI) is a Federal income supplement designed to help seniors, the blind, and disabled people, who have little or no income. It provides people with funds to meet basic needs such as food, clothing and shelter. Additionally, in order to qualify an individual may not have more than $2,000 in values and a couple is limited to $3,000. Additionally, any food or shelter you get from someone other than a spouse or parent may reduce your SSI benefit.

If you live in your own place and pay your own food and shelter costs, regardless of whether you own or rent, you may get up to the maximum SSI amount payable in your State. You also can get up to the maximum if you live in someone else’s household as long as you pay your food and shelter costs. If you are working, the more income you have, the less your SSI benefit will be. If your countable income is over the
allowable limit, you cannot receive SSI benefits.

An individual under age 18 is “disabled” if he or she has a medically determinable physical or mental impairment, which results in marked and severe functional limitations; and can be expected to result in death; or has lasted or can be expected to last for a continuous period of not less than 12 months.

The maximum Federal benefit changes yearly. Effective January 1, 2009, the Federal benefit rate is $674 for an individual and $1,011 for a
couple. If you disagree with a determination made by the Social Security office, you have the right to file an appeal. The appeals
procedure begins with a request for Reconsideration. If you are still not satisfied with the determination, you may request an Administrative Law Judge Hearing, then an Appeals Council Review. If you wish to further challenge SSI’s decision, you r next step would be to file an appeal in Federal Court. The determinations that you can be appeal are called “initial determinations.” You can challenge the decision on whether or not you are eligible to receive benefits, the amount of your SSI payment; and if you were overpaid benefits, whether you must repay it.

All appeals must be requested in writing within 60 days of the date you receive your notice. The notice will tell you how to appeal, and what documents you will have to file. If you file an appeal within 10 days, your SSI benefits may continue at the same amount until a determination is made on your appeal. Your notice will advise if you are entitled to continued benefits.

The SSI office reports that approximately 3 out of 10 people who apply for SSI benefits are denied. For those that file an appeal,
approximately 60% succeed in receiving some level of benefits. If you qualify for benefits financially and have medical proof of a disability, you should immediate speak to a qualified lawyer who has experience which SSI Law. Remember, you have very stringent time lines for filing or may lose your right to appeal.

Medicare is our country’s health insurance program for people who are over 65 years old. Also, people under the age of 65 who suffer from kidney disease or amyotrophic lateral sclerosis (Lou Gehrig’s disease) can also qualify for Medicare. The program helps with the cost of health care. However, it does not cover all medical expenses or the cost of most long-term care.

Medicare has four parts

  • Hospital insurance (Part A) that helps pay for inpatient care in a hospital or skilled nursing
    facility (following a hospital stay), some home health care and hospice care.
  • Medical insurance (Part B) that helps pay for doctors’ services and many other medical services and supplies that are not covered by hospital insurance.
  • Medicare Advantage (Part C) plans are available in many areas. People with Medicare Parts A and B
    can choose to receive all of their health care services through one of these provider organizations under Part C.
  • Prescription drug coverage (Part D) that helps pay for medications doctors prescribe for treatment.

Medicaid and Medicare are different benefit programs. Medicaid is a state-run program that provides hospital and medical coverage for people with low income and little or no resources. Some people qualify for both Medicare and Medicaid.

If you cannot afford to pay your Medicare premiums and other medical costs, you may be able to get help from your state. States offer programs for people who are entitled to Medicare and have low income. The programs may pay some or all of Medicare’s premiums and also may pay Medicare deductibles and coinsurance. To qualify, you must have Part A (hospital insurance), a limited income, and, in most states, your resources, such as bank accounts, stocks and bonds, cannot be valued at more than $4,000 for a single person or $6,000 for a couple.

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