Lucille, from Imperial Beach California, asks “I am divorced and never re-married. I have never worked. Can I apply for Social Security Disability benefits under my ex-husband’s work record?”
If you are divorced and never remarried, you might qualify for Social Security Disability Insurance (SSDI) benefits on your ex-spouses record.
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Adrian, from San Bernardino California asks, “Can hiring an attorney really improve my chances at winning my Social Security Disability claim?”
Yes, a disability attorney can help improve your chances at winning a disability or SSI claim at the initial application level, the reconsideration appeal, and especially a disability hearing.
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Tammy, in Oceanside, California, asks “I did not go to college; my highest level of education is High School. Will that make it easier for me to qualify for Social Security Disability?”
When you apply for Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits, your symptoms will be compared to an official book that contains all the listings of impairments (also referred to as the “Blue Book”). If your disability is in the listing of impairments and all of your symptoms match the requirements, then you will probably qualify for disability and your education does not affect the decision.
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Terry, in El Cajon, California, asks “Will my spouse’s income affect my Social Security Disability Insurance? “
Your spouse’s income will not affect your Social Security Disability Insurance (SSDI) benefits. Qualifying for SSDI is based only on your work history, your disability and your ability to engage in substantial gainful activity. The income or resources of your spouse will not affect your eligibility for SSDI or the amount you will receive for SSDI benefits. Your savings and investments also will not affect your SSDI eligibility or benefits.
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Substantial Gainful Activity (SGA)
Substantial Gainful Activity (or SGA) is a term used by the Social Security Administration and Disability Determination Services (DDS) to refer to a person’s ability to work and earn enough income that would prevent them from qualifying for disability benefits.
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Travis, in Oceanside California, asks “What qualifies someone as being disabled and eligible for Social Security Disability benefits?”
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Tanya in Del Mar, California asks “If I am found eligible for Social Security Disability benefits in San Diego, how much can I expect to receive each month?”
For Social Security Disability Insurance (SSDI) benefits, the amount you receive will be based on your work history (how many years you have been working) and how much money you earned (and how much money you paid in required Social Security payroll deductions). The more you earned, the more you paid into Social Security, so the larger your disability benefit will be.
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Tim from El Cajon, California asks “I applied for Social Security Disability in San Diego, CA and was denied. Can I apply again?”
If your application for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) is denied, the correct thing to do is file an appeal. Over 70% of disability applications are denied and it is very common for a person to give up when he/she has been denied. Don’t give up, be persistent and follow your disability claim all the way through the appeals process. A disability hearing is where you will have your best chance to win your claim.
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Perry, in Escondido, California, asks “are there some disabilities that are guaranteed to get you approved automatically for SSDI?”
The disability evaluation process is never automatic. Some disabilities are likely to be approved very quickly; however, there is no guarantee that any disability will automatically get approved.
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Trevor, in El Centro, California asks “I had disability claims filed at SSA and VA, my VA claim was approved already, will this help my SSDI claim get approved?”
Many people who are eligible for Veteran’s Administration (VA) disability will file a claim with both the Social Security Administration (SSA) and the VA. It is not unusual to be approved for VA benefits while still waiting on a Social Security Disability Insurance (SSDI) claim or Supplemental Security Income (SSI) claim.
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Greg in Carlsbad, CA, asks “Is it true that the older you are the easier it is to get Social Security Disability?” READ MORE…
Over 70% of initial applications for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits are denied. The sad truth is that most of these denied applications are legitimate claims that will eventually be approved by an administrative law judge. If many of the claims that are denied at the initial application level eventually get approved in a hearing, then why were they denied in the first place?
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Once you are receiving Social Security disability benefits, periodically the Social Security Administration (SSA) will review your case to make sure that you are still disabled. This review is called a Continuing Disability Review (CDR). The SSA performs two types of reviews, a medical continuing disability review and a work continuing disability review. Under a work review, the SSA looks at your earnings to determine if you are eligible for monthly benefits. A medical review is done by a DDS examiner and he/she determines if you are still meeting the medical requirements to collect disability. If you do not meet the medical requirements, SSA may stop the disability benefits.
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If you are collecting Supplemental Security Income (SSI), you need to be aware of rules regarding overpayments. An overpayment is when you receive more money for a month than the amount you should have been paid. The amount of your overpayment is the difference between the amount you received and the amount due.
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When you are awarded Social Security Disability Insurance (SSDI) benefits, you may be able to receive “back pay” for the past months leading up to the day you were awarded disability benefits. There is a maximum number of 12 months prior to the date of your application for which you can collect back pay (assuming the date of onset of your disability occurred 12 months or more before you applied for disability), and there is a 5 month waiting period for SSDI that needs to be considered when determining back pay. The 5 month waiting period means that you can not collect SSDI benefits until you have been disabled for 5 complete months.
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