The federal government added the Social Security Disability regulations to the regular retirement system in 1958. This added a layer of protection to workers who are under age 65 and who -- due to a disabling impairment -- are no longer able to work. Most American workers pay for this insurance through automatic payroll deduction at work, as well as the hospital portion of Medicare (Part A). This insurance is known as Title 2, or sometimes DIB or SSDI. It is intended to benefit disabled adult workers and their dependants. Later, in 1974, the government added a needs-based program to benefit disabled children and adults who had not worked enough to obtain coverage under Title 2. This is known as Title 16, or SSI (Supplemental Security Income), according to the legislation which initiated it. The medical qualifications for both programs are the same. The only difference between them is the needs-based rules for SSI, which require the claimant to fall below a certain level of income and resources. If an individual qualifies for Title 2 based on their disability, they may also receive a supplemental benefit from SSI based upon their low income and resources as well. SSI also provides for additional medical benefits and help paying for treatment, as administered through each state.
To qualify for Title 2 benefits, a worker must perform substantial gainful activity (SGA) for at least 20 out of 40 quarters. The government's definition of SGA is adjusted yearly based on the national average wage index, and also to the worker's age, so that people in their mid-twenties, for example, would not have to work a full 40 quarters. SGA will be set at $940.00 per month for the upcoming year (2008).
SGA is an important figure, not only because it adds to your quarters of coverage going forward, but it is used both before and after you become disabled to "prove" whether you can or can not work, and it is also the basis for your ultimate monthly retirement check. In addition, the government uses somewhat higher figures which pertain to individuals who are blind, both for receiving an income, and for work activity once placed on disability.
The process used to determine disability under Social Security is complex, and each of the 50 states uses separate offices to process this caseload. SSA's local offices are not staffed to handle medical issues, and so disability examiners and doctors are hired and trained to do this work exclusively, accurately, and in a timely manner. In many states the DDS's are a division of that state's Vocational Rehabilitation department. The rationale here is simple: if you are going to deny a person's disability claim, you should have counselors readily available and trained to assist that person in finding a suitable replacement job.
Many factors go into the decision, not the least of which is the severity of the person's illness(es). Age, educational background and training, and work history also play important roles. By nature of the system, it is weighted in favor of older workers. This is true whether you are an engineer, plumber, teacher, or mechanic. However, some impairments are so severe that all that is needed is a diagnosis and the claim will be allowed. This is because there is a process called "sequential evaluation", and, believe it or not, it is intended to speed up each claim.
Many claimants would state to me that the VA, or Worker's Comp., for instance, had already declared them to be "60% disabled", or "80% disabled". SSDI does not work this way. It is an "all or nothing" thing -- you are either "disabled", or you are "not disabled". In making this decision, the examiner and doctor at the DDS will consider (in this order): your impairment(s), your age, your educational level, and your work history. Without getting too technical here, the DDS uses a Listings book which describes each body system and impairment, and uses your medical records to see if you meet the severity of any of these listed impairments. SSDI is intended only for severe impairments which will last more than one year and/or result in death, so about 60 - 70 % of all first-time claimants (initial level) are denied. People apply for SSDI for all kinds of reasons, ranging in severity from terminal cancer to depression to colds and the flu.
3 comments:
I came across your site while visiting Sweeney's. I am actually, right now, 60, and being considered for SSDI because of the development of dropfoot, which became pronounced over the last two years, led me to having a lumbar fusion in June,2009, and the trip through my company's STD. I am now on LTD, and it is a requirement to seek SSD.
I am also going to be dealing with SSA, apparently, over my sister's situation. When my father died a couple years ago, he left her an inheritance and I talked to a lawyer about her being protected from losing her benefits (which would only be for a time anyway, since the inheritance was around 80K).
She became schizophrenic at age 22, I think, and is now 66. Her Chula Vista SSI office administrator told me I had to become a representative payee to administer her trust account, which is now supposedly legal under a California loophole. In other words, I don't think I do have to become a payee at this point. She had a bad year with meds last year, but seroquel seems to have brought her around again to reasonable competence.
All I was trying to do, when I contacted Chula Vista SSA, was to send them a report of how money was used this past year and a copy of the legal trust if they needed it. I did this already for Section 8 housing. I have a California lawyer who covers the legal end, but don't particularly want to use her services at $450/hr.
Basically, the trust states that I can write checks to my sister under certain conditions and for a number of things she might need. She has a copy of the trust and is aware of the stipulations. My job, I think, is to see that she stays within the boundaries. Her needs are pretty small and humble anyway.
As rep-payees, I would rather one of her two daughters did that job.
Anyway, if you come across this comment, I'll check back to see if you have any response. My e-mail is SevenKweek@yahoo.com. Thanks a lot for an advisory blog like this. It's hard to get these things to be visible. Sweeney's is visible because of her fame. I'd be surprised if she read all that stuff.
Happy New Year.
I am learning as I go here. I posted my answer on the Greeting page of my blog. As I said, I don't know much about the money end of SSDI, only the medical side. Please see that comment on the Greeting page.
I just re-read your post. At age 66, your sister no longer qualifies for Social Security Disability benefits, either DIB or SSI. She should have been converted to retirement last year. As I said, I have no expertise in the money end, so I cannot advise you.
YOU might qualify, of course, since you are only 60. It would depend on how severe your impairment is, and what type of work you did. The system is weighted in favor of "older" workers, i.e., anyone over 55.
Good luck.
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