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- How does Social Security decide if I am disabled?
- Do I have to pay income tax on my Social Security benefits?
- How much can I earn and still receive Disability benefits?
- What is the difference between Social Security disability and SSI disability?
- Do disabled children qualify for benefits?
- Does Social Security use a list of impairments to determine if I can get disability benefits?
- Can I receive Social Security benefits and SSI?
- How long does it take to get notified of a decision about disability benefits?
- Is there a time limit on Social Security disability benefits?
- Why is there a five-month waiting period for Social Security disability benefits?
- Do disability benefits change once I turn full retirement age?
- I receive disability and my condition has worsened. Can my benefit be increased?
- Will I automatically get Medicare benefits if I get disability benefits?
- What is the earliest age that I can receive Disability benefits?
- Can a child born outside of marriage be entitled to benefits?
- How do workers' compensation payments affect my disability benefits?
- What is a disability "freeze"?
- Does Social Security recognize common law marriage?
- If I reapply for disability, will my wait be as long as it was the first time?
- How many credits are required to be eligible for disability?
- Are children born prematurely eligible for SSI benefits?
- Can a person with a terminal illness qualify for disability benefits?
- What is a disability trial work period?
- If disability must last 1 year, must I wait a year to apply?
- Does private disability protection reduce your Social Security benefit?
- What are non-medical requirements for disability?
- What is the definition of disability for children filing for Supplemental Security Income (SSI)?
- Are there special services or information available for people who are blind?
- Can an adult disabled since childhood receive benefits on a parent's earnings record?
- How does a disabled widow or widower become entitled to benefits?
- Can I qualify for short-term disability after I give birth to my child?
*These questions and answers are from the Social Security Administration website. Visit their website at http://www.ssa.gov/includes/topiclist.htm to see more questions and answers.
Question: How does Social Security decide if I am disabled?
Answer:
BACK TO THE TOPDisability under Social Security for an adult is based on your inability to work because of a medical condition. To be considered disabled:
- You must be unable to do work you did before and we decide that you cannot adjust to other work because of a medical condition.
- Your disability must last or be expected to last for at least one year or to result in death.
Social Security pays only for total disability. No benefits are payable for partial disability or short-term disability.
For adults, we use a five-step evaluation process to decide whether you are disabled under Social Security. The process considers any current work activity you are doing, and your medical condition and how it affects your ability to work. For more information, we recommend that you read the publication, Disability Benefits (SSA Publication No. 05-10029)
Question: Do I have to pay income tax on my Social Security benefits?
Answer:
Some people who get Social Security will have to pay taxes on their benefits. Less than one-third of our current beneficiaries pay taxes on their benefits.
You will have to pay federal taxes on your benefits if you file a federal tax return as an "individual" and your total income is more than $25,000. If you file a joint return, you will have to pay taxes if you and your spouse have a total income that is more than $32,000.
For more information, call the Internal Revenue Service (IRS) toll-free at 1-800-829-3676 and ask for IRS Publication Number 915, Social Security and Equivalent Railroad Retirement Benefits. People who are deaf or hard of hearing may call the IRS toll-free number, 1-800-829-4059.
Publication 915 is also available on the IRS Web site.
If you wish to have federal taxes withheld from your check, see Can I have federal taxes withheld from my Social Security check?The Social Security Administration has no authority to withhold state or local taxes from your benefit. Many states and local authorities do not tax Social Security benefits. You should contact your state or local taxing authority for more information.
Question: How much can I earn and still receive Disability benefits?
Answer:
We have special rules called "work incentives" that help you keep your cash benefits and Medicare while you test your ability to work. For example, there is a trial work period during which you can receive full benefits regardless of how much you earn, as long as you report your work activity and continue to have a disabling impairment.
The trial work period continues until you accumulate nine months (not necessarily consecutive) in which you perform what we call "services" within a rolling 60-month period. We consider your work to be "services" if you earn more than $670 a month in 2008. For 2007, this amount was $640.
After the trial work period ends, your benefits will stop for months your earnings are at a level we consider "substantial," currently $940 in 2008. For 2007, this amount was $900. Different amounts apply to people who are disabled because of blindness. The monthly substantial amount for statutorily blind individuals for 2008 is $1,570; for 2007 this amount was $1,500.
For an additional 36 months after completing the trial work period, we can start your benefits again if your earnings fall below the "substantial" level and you continue to have a disabling impairment. For more information about work incentives, we recommend that you read the leaflet, Working While Disabled-How We Can Help (SSA Publication Number 05-10095).
Question: What is the difference between Social Security disability and SSI disability?
Answer:
The Social Security Administration is responsible for two major programs that provide benefits based on disability: Social Security Disability Insurance (SSDI), which is based on prior work under Social Security, and Supplemental Security Income (SSI). Under SSI, payments are made on the basis of financial need.
Social Security Disability Insurance (SSDI) is financed with Social Security taxes paid by workers, employers, and self-employed persons. To be eligible for a Social Security benefit, the worker must earn sufficient credits based on taxable work to be "insured" for Social Security purposes. Disability benefits are payable to blind or disabled workers, widow(er)s, or adults disabled since childhood, who are otherwise eligible. The amount of the monthly disability benefit is based on the Social Security earnings record of the insured worker.
Supplemental Security Income (SSI) is a program financed through general revenues. SSI disability benefits are payable to adults or children who are disabled or blind, have limited income and resources, meet the living arrangement requirements, and are otherwise eligible. The monthly payment varies up to the maximum federal benefit rate, which may be supplemented by the State or decreased by countable income and resources. See Understanding Supplemental Security Income for an explanation of SSI benefit payment rates.
Question: Do disabled children qualify for benefits?
Answer:
There are two Social Security disability programs that include disabled children.
Under the Supplemental Security Income (SSI) program, a child from birth to age 18 may receive monthly payments based on disability or blindness if:
- He or she has an impairment or combination of impairments that meets the definition of disability for children and
- the income and resources of the parents and the child are within the allowed limits.
Under the Social Security Disability Insurance (SSDI) program, an adult child (a person age 18 or older) may receive monthly benefits based on disability or blindness if:
- He or she has an impairment or combination of impairments that meets the definition of disability for adults; and
- the disability began before age 22; and
- the adult child's parent worked long enough to be insured under Social Security and is receiving retirement or disability benefits or is deceased.
Under both of these programs, the child must not be doing any "substantial" work, and must have a medical condition that has lasted or is expected either to last for at least 12 months or to result in death.
You will find helpful links to the online forms and the steps you need to take to apply for childhood disability benefits at www.socialsecurity.gov/applyfordisability. At this time, you cannot complete an application for SSI childhood disability online, but you can complete the Child Disability Report Form online. You can also view the Fact Sheet and Checklist in the Child Disability Starter Kit to see what information you will need and the kinds of questions we will ask when you have your disability interview in your local Social Security office or over the phone. The Disability Report asks for information about the child's conditions or impairments.
Question: Does Social Security use a list of impairments to determine if I can get disability benefits?
Answer:
For an adult to be considered disabled by Social Security, you must have a medical condition that prevents you from working and that is expected to last for at least one year or result in death. We use a five-step process to decide whether you are disabled. As part of that process, we check to see if you have a condition as described in the listing of impairments. If you do, we consider your medical condition to be disabling. Even if your particular medical condition is not on the list, you may still be found disabled.
For more information about the disability decision process, we recommend that you read the booklet, Social Security Disability Benefits (Publication No. 05-10029). The booklet explains the requirements for receiving disability benefits and the five-step process.
You also can find descriptions of the conditions that appear in our Listing of Impairments in the publication, "Disability Evaluation Under Social Security" (SSA Publication No. 64-039), also referred to as "The Blue Book." This publication is intended primarily for physicians and other health professionals.
Question: Can I receive Social Security benefits and SSI?
Answer:
You may be able to receive SSI in addition to monthly Social Security benefits, if your Social Security benefit is low enough to qualify.
The amount of your SSI benefit depends on where you live. The basic SSI check is the same nationwide. Effective January 2008, the SSI payment for an eligible individual is $637 per month and $956 per month for an eligible couple. However, many states add money to the basic check.
If you get SSI, you also may be able to get other help from your state or county. For example, you may be able to get Medicaid, food stamps, or some other social services. For information about all the services available in your community, call your local social services department or public welfare office.
For complete information on the eligibility requirements for SSI, you should read Social Security pamphlet "Supplemental Security Income".
Question: How long does it take to get notified of a decision about disability benefits?
Answer:
The length of time it takes to receive a decision on your disability claim is from 3 to 5 months. It can vary depending on several factors, but primarily on:
- the nature of your disability;
- how quickly we obtain medical evidence from your doctor or other medical source;
- whether it is necessary to send you for a medical examination in order to obtain evidence to support your claim; and
- If your claim is randomly selected for quality assurance review of the decision.
Question: Is there a time limit on Social Security disability benefits?
Answer:
No. Your disability benefits will continue as long as your medical condition has not improved and you cannot work. Your case will be reviewed at regular intervals to make sure you are still disabled.
If you are still receiving disability benefits when you reach full retirement age, they will automatically be converted to retirement benefits.
Question: Why is there a five-month waiting period for Social Security disability benefits?
Answer:
The five month waiting period ensures that during the early months of disability, we do not pay benefits to persons who do not have long-term disabilities. Social Security disability benefits can be paid only after you have been disabled continuously throughout a period of five full calendar months. Therefore, Social Security disability benefits will be paid for the sixth full month after the date your disability began. You are not entitled to benefits for any month in the waiting period.
Question: Do disability benefits change once I turn full retirement age?
Answer:
When you reach full retirement age, nothing will change, except for Social Security purposes, your benefits will be called retirement benefits instead of disability benefits.
Starting with the month you reach full retirement age, you will get your benefits with no limit on your earnings. These new rules apply for the entire year of 2000, starting in January.
Question: I receive disability and my condition has worsened. Can my benefit be increased?
Answer:
No. Your Social Security disability benefit is based on the amount of your lifetime earnings before your disability began and not the degree or severity of your disability.
For more information go to: www.socialsecurity.gov/dibplan/dapproval2.htm
Question: Will I automatically get Medicare benefits if I get disability benefits?
Answer:
We will automatically enroll you in Medicare after you get disability benefits for two years. We start counting the 24 months from the month you were entitled to receive Disability, not the month when you received your first check.
People with amyotrophic lateral sclerosis (Lou Gehrig's disease) get Medicare beginning with the month they become entitled to disability benefits.
Medicare has two parts - hospital insurance and medical insurance. Hospital insurance helps pay hospital bills and some follow-up care. The taxes you paid while you were working financed this coverage, so it's premium free. The other part of Medicare, medical insurance, helps pay doctors' bills and other services. You will pay a monthly premium for this coverage if you want it.
Question: What is the earliest age that I can receive Disability benefits?
Answer:
There is no minimum age as long as you meet the very strict social security definition of disability . But to qualify for disability benefits you must have worked long and recently enough under Social Security to earn the required number of work credits. You can earn up to a maximum of four work credits each year. The amount of earnings required for a credit increases each year as general wage levels rise.
The number of work credits you need for disability benefits depends on your age when you become disabled.
Go to http://www.socialsecurity.gov/dibplan/dqualify3.htm to see how many credits you may need to qualify for disability benefits.
Question: Can a child born outside of marriage be entitled to benefits?
Answer:
Even though your brother wasn't married to the second child's mother, the child may qualify for Social Security benefits. An application should be filed on her behalf and if eligible, both children would receive equal benefits.
Question: How do workers' compensation payments affect my disability benefits?
Answer:
Disability payment you receive from workers' compensation and/or another public disability payment may reduce
you and your family's Social Security benefits.Your Social Security disability benefit will be reduced so that the combined amount of the Social Security benefit you and your family receive plus your workers' compensation payment and/or public disability payment does not exceed 80 percent of your average current earnings. (Note that the unreduced benefit amount is counted for income tax purposes.)
A workers' compensation payment is one that is made to a worker because of a job-related injury or illness. It may be paid by federal or state workers' compensation agencies, employers, or insurance companies on behalf of employers.
Public disability (PDB) payments that may affect your Social Security benefit are those paid under a federal, state, or local government law or plan. A PDB is not usually based on a work-related disability. They differ from workers' compensation because the disability that the worker has may not be job-related. Examples are civil service disability benefits, military disability benefits, state temporary disability benefits, and state or local government retirement benefits which are based on disability.
For more information, see How Worker's Compensation And Other Disability Payments May Affect Your Benefits (SSA Publication No. 05-10018).
Question: What is a disability "freeze"?
Answer:
A "disability freeze," also called a "period of disability," refers to a period of time you were found to be disabled or blind by Social Security. During the period of disability you may not have any earnings, or your earnings may be very low due to your disability or blindness. You can have more than one period of disability on your record.
In general, we do not count your period(s) of disability when we determine whether you have enough work credits to get Social Security disability benefits.
If you are blind or disabled, you can apply to have a period of disability established on your earnings record. Most workers who have a period of disability may also qualify for monthly disability insurance benefits. Even if you do not get disability insurance benefits for your period of disability, a "disability freeze" on your record may help you and your family get future Social Security benefits based on your disability or retirement, or as survivors on your account.
A "period of disability" (i.e., a "disability freeze") may also affect how we compute the monthly benefits amounts payable to you and your family. Usually, if we take your period of disability into account when determining monthly benefit amounts, the benefit amount will be higher.We will ignore your "period(s) of disability" if it is to your advantage to do so. This can happen when you or your family may be entitled or get a higher monthly benefit amount by ignoring your period of disability.
Question: Does Social Security recognize common law marriage?
Answer:
Social Security follows the laws of the state where the worker was residing at the time of death or the place where the worker is residing when the spouse applies for benefits. In order for a common law marriage to be valid, it must have been contracted in a state where common-law marriages are recognized. Many states do not honor common-law marriages, so you should check local laws. However, most states (even those in which a man and woman could not enter into a valid common-law marriage) will generally recognize a common-law marriage validly entered into in another state. Again, check local laws.
Question: If I reapply for disability, will my wait be as long as it was the first time?
Answer:
If you become disabled a second time within five years after your previous disability benefits stopped, there is no waiting period before benefits start. If your claim is approved, you can receive benefits for the first full month of disability.
It can take from three to five months to get a decision on a disability claim, depending on how long it takes to obtain your medical records and any other information we need to decide whether you are disabled. You can help shorten this time by providing as much information as possible when you apply for benefits.
Question: How many credits are required to be eligible for disability?
Answer:
The number of work credits you need to qualify for disability benefits depends on your age when you become disabled. Also, the credits must have been earned within a certain time period. Generally, you need 20 credits earned in the last 10 years, ending with the year you become disabled.
Younger workers may qualify with fewer credits. For example:
- A worker who becomes disabled before age 24 needs to have earned six credits in the three-year period ending when disability starts.
- A worker who becomes disabled between age 24 to age 31 needs to have credits for half the time between age 21 and the time disability starts. If disability starts at age 27, the worker would need credit for three years of work (12 credits)) out of the past six years between age 21 and age 27.
Question: Are children born prematurely eligible for SSI benefits?
Answer:
Social Security does provide SSI disability benefits to certain low birth weight infants, whether or not they are premature. A child who weighs less than 1200 grams (about 2 pounds, 10 ounces) at birth can qualify for SSI on the basis of low birth weight, if otherwise eligible. A child who weighs between 1200 and 2000 grams at birth (about 4 pounds 6 ounces) AND who is considered small for his or her gestational age may also qualify. For this second category of low birth weight infants, the following chart shows the gestational age at birth and corresponding birth weight that satisfies our "small for gestational age" criterion.
Gestational Age Weight at Birth
(in weeks)
37-40 Less than 2000 grams
(4 pounds, 6 ounces)
36 1875 grams or less
(4 pounds, 2 ounces)
35 1700 grams or less
(3 pounds, 12 ounces)
34 1500 grams or less
(3 pounds, 5 ounces)
33 1325 grams or less
(2 pounds, 15 ounces)
Even if a child who was born prematurely does not fall into one of the "low birth weight" categories, he or she may still qualify for SSI if the evidence in his or her record shows that he or she meets the definition of disability for children for another reason.
Question: Can a person with a terminal illness qualify for disability benefits?
Answer:
Yes. The requirements for disability benefits are the same for a person with a potentially terminal illness as for a person with a non-terminal illness.
We make every effort to identify a case involving a person with a potentially terminal illness as early in the claims process as possible and we have special procedures we follow to process the claim as quickly as possible. We may become aware of the potentially terminal illness through statements from the person claiming disability, or from the person’s friend, family member, doctor or other medical source. Or there may be an allegation or diagnosis of AIDS, or indications that the person is registered in a Medicare-designated hospice or is receiving hospice care. Regardless of the potentially terminal illness or how we learn about it, we tightly control the case throughout the claims process and make special efforts to assist the person in providing necessary evidence.
Question: What is a disability trial work period?
Answer:
The trial work period allows Social Security disability beneficiaries to test their ability to work for at least nine months. During the trial work period, you can receive full benefits no matter how much you earn, as long as you continue to have a disabling impairment and you report your work activity. The trial work period continues until you have completed nine trial work months within a 60-month period.
In 2008, any month in which you earn $670 or more counts as one of the trial work months. For 2007, this amount is $640.
After your trial work period ends, we then look at your earnings to determine whether you are working at a level we consider substantial. If you are, your cash benefits will stop. In 2008, average monthly earnings of $940 are considered substantial. For 2007, the amount was $900. There are different limits for people disabled because of blindness.
If you continue to work, there are other rules that allow you to receive benefits. For 36 months following completion of the trial work period, you can receive your full Social Security disability benefit for any month in which your earnings fall below the "substantial" level. You can find more information about available work incentives in our leaflet, Working While Disabled-How We Can Help (SSA Publication No. 05-10095).
Question: If disability must last 1 year, must I wait a year to apply?
Answer:
No. You do not have to wait a year after becoming disabled to receive disability benefits. However, you should apply for disability benefits as soon as you become disabled. It can take a long time to process an application for disability benefits (three to five months).
If your application is approved, your first Social Security disability benefits will be paid for the sixth full month after the date your disability began.
For example, if the state agency decides your disability began on January 15, your first disability benefit will be paid for the month of July. However, Social Security benefits are paid in the month following the month for which they are due, so you will receive your July benefit in August.
For more information about Social Security disability benefits, refer to Disability Benefits(Publication No. 05-10029) at www.socialsecurity.gov/pubs.
Question: Does private disability protection reduce your Social Security benefit?
Answer:
No. Your eligibility for Social Security disability benefits is not affected by any private insurance you may have. But, you may be interested to know that worker's compensation and certain other public disability payments may affect your Social Security benefit.
Question: What are non-medical requirements for disability?
Answer:
To receive Social Security Disability benefits a person must meet Social Security's definition of disability and meet certain non-medical eligibility requirements. Examples of non-medical eligibility requirements include proof of age, employment, marital status, or Social Security coverage information.
State agencies (usually called Disability Determination Services or DDSs) make the medical determination on a claim.
Local Social Security offices are responsible for verifying non-medical eligibility requirements.
Question: What is the definition of disability for children filing for Supplemental Security Income (SSI)?
Answer:
Social Security has a strict definition of disability for children under the SSI program. A child is disabled if he or she:
- Is not working at a job that we consider to be substantial work; and
- Has a physical or mental condition (or a combination of conditions) that results in “marked and severe functional limitations.” This means that the condition(s) very seriously limits his or her activities; and
- The condition(s) has lasted, or is expected to last, at least 1 year or is expected to result in death.
To decide whether your child is disabled, we look at medical and other information (such as information from schools and from you) about his or her condition(s), and we consider how the condition(s) affects his or her daily activities. We consider questions such as:
- What activities is your child not able to do, or is limited in doing?
- What kind of and how much extra help does your child need to perform age-appropriate activities -- for example, special classes at school, medical equipment?
- Do the effects of treatment interfere with your child’s day-to-day activities?
Go to http://www.socialsecurity.gov/pubs/10026.html for additional information on how we decide if a child under age 18 is disabled.
Question: Are there special services or information available for people who are blind?
Answer:
There are a number of services and products specifically designed for people who are blind.
- You can choose to receive letters from us by regular mail only, by regular mail followed by a telephone call to explain the information in the letter, or by certified mail.
- We provide special tapes of our publications to local radio stations that offer reading services for their blind and low-vision listeners. To find out which stations in your area provide radio reading services, you should call your local Social Security office.
- Many of our publications are available in Braille, audio cassette tapes, compact disks or in enlarged print for people who are blind or visually impaired. The publication If You Are Blind Or Have Low Vision - How We Can Help, and other publications in alternative formats can be obtained by calling toll-free, 1-800-772-1213 (for the deaf or hard of hearing, call our TTY number, 1-800-325-0778), Monday through Friday, 7 a.m. to 7 p.m. For more information on public information materials in alternative media, visit our website at www.socialsecurity.gov/pubs/alt-pubs.html.
Question: Can an adult disabled since childhood receive benefits on a parent's earnings record?
Answer:
An adult disabled before age 22 may be eligible for child’s benefits if a parent is deceased or receiving retirement or disability benefits. We consider this a “child’s” benefit because it is paid on a parent’s Social Security earnings record. We make the disability decision using the disability rules for adults.
The “adult child”—including an adopted child, or, in some cases, a stepchild, grandchild, or stepgrandchild—must be unmarried, age 18 or older, and have a disability that started before age 22.
For more information, see Benefits For Disabled Children.
Question: How does a disabled widow or widower become entitled to benefits?
Answer:
Benefits may be payable to a widow or widower with a disability if the following conditions are met:
- He or she is between ages 50 and 60.
- The widow or widower meets the definition of disability for adults.
- The disability started before the widow or widower's death or within seven years after death.
Note: If a widow or widower caring for the deceased's children receives Social Security benefits, he or she is eligible if disability starts before those payments end or within seven years after they end.
A widow or widower cannot apply online for survivors benefits based on their disability but he or she can get the process started by completing an Adult Disability Report before they contact us.
We use the same definition of disability for widows and widowers as we do for workers.
Question: Can I qualify for short-term disability after I give birth to my child?
Answer:
No. Social Security pays only for total disability. No benefits are payable for partial disability or short-term disability, including benefits while on maternity leave.
To be considered disabled:
- You must be unable to do work you did before and we decide that you cannot adjust to other work because of a medical condition.
- Your disability must last or be expected to last for at least one year or to result in death.
We use a five-step evaluation process to decide whether you are disabled under Social Security. The process considers any current work activity you are doing, and your medical condition and how it affects your ability to work. For more information, we recommend that you read the publication, Disability Benefits (SSA Publication No. 05-10029)
*These questions and answers are from the Social Security Administration website. Visit their website at http://www.ssa.gov/includes/topiclist.htm to see more questions and answers.