The SSA oversees two programs that provide benefits to disabled individuals. The Social Security disability insurance benefits program (DIB, also known as SSD or SSDI) and the Supplemental Security Income (SSI) program. Additionally, there are multiple types of benefits that could be available to disabled people or their family members.
SSD insurance benefits are available only for people who are considered disabled by the SSA and will be unable to work for 12 months or more or have a condition that is expected to end in death. These individuals will be eligible for benefits only if they have worked and paid a sufficient amount of Social Security taxes.
The SSA states that “in most cases, a person must have paid at least a certain amount of Social Security tax in at least 20 calendar quarters during the 40 calendar quarters before their disability began.” This effectively translates to paying taxes for five out of the last 10 years before the disability.
Whereas SSD is an entitlement program, SSI is a means-tested program. In addition to the disability requirement, SSI does not consider a person’s work history but instead depends solely on a person having a limited income and assets. The SSA will evaluate all other income and property in the household an applicant lives in, as well as support received in determining whether to provide SSI benefits.
Other types of benefits that people can be entitled to include:
- Disability Widow/Widower Benefits (DWB) — Certain widows and widowers may be entitled to SSD benefits based on Social Security taxes paid by their deceased spouse. A person needs to be between 50 and 60 years of age and married for at least 10 years to the person who was covered under Social Security at the time of death. An applicant will also need to have proof that a disability was severe enough to meet SSA rules within seven years of their spouse’s death. The monthly rate for DWB benefits is determined by the deceased spouse’s income and Social Security tax payments.
- Disabled Adult Child Benefits (DAC) — The SSA considers an individual a disabled adult child if they are over 18 years of age, are not married, have a disability that began before they were 22, and has one parent who receives SSD benefits or is deceased but was receiving benefits. The monthly rate for a disabled child can be based on the parent’s rate.
You will want to make sure that you speak to an experienced attorney at the Paul Baker Law Office for help determining all of the different benefits that you could be entitled.
When Should I Apply for Disability Benefits?
You want to apply for SSD benefits as soon as you become disabled. It can take several months to process your application going through the Social Security, Medicare, and Medicaid processes.
You will want to make sure that you have all of the information necessary to complete an SSD application, including:
- Your Social Security number
- Your birth certificate or other evidence of your date of birth
- Your military discharge papers
- Your spouse’s birth certificate and Social Security number
- Your children’s birth certificates and Social Security numbers
- Your checking or savings account information
- Names, addresses, and phone numbers of doctors, hospitals, clinics, and institutions that treated you and dates of treatment
- Names of all medications you are taking
- Medical records from your doctors, therapists, hospitals, clinics, and caseworkers
- Laboratory and test results
- A summary of where you worked in the past 15 years and the kind of work you did
- A copy of your W-2 Form (Wage and Tax Statement), or if you are self-employed, your federal tax return for the past year
- Dates of prior marriages if your spouse is applying
Any documents presented as evidence need to be either originals or copies certified by the issuing agency. The SSA cannot accept uncertified or notarized photocopies since they cannot verify their authenticity. You should not delay filing for benefits even if you do not have all of the information you need.
People applying for SSI benefits will also need to have information about the home where they live, payroll slips, bank books, insurance policies, car registration, burial fund records, and other information about your income and the things they own.
How to Apply for Social Security Disability Benefits
Most disability claims are initially processed through a network of local Social Security field offices and state agencies. These offices verify all information provided.
The Department for Disability Determination Services makes disability determinations on behalf of the Commissioner of Social Security for residents of Kentucky. The program uses federal regulations to determine disability for both SSI and SSD, but does not take applications for these benefits.
To apply for SSDI benefits, you will have to complete an application for Social Security disability benefits and the Social Security Disability Report. The Disability Report can be completed online, or you can print it and return it to your local Social Security office.
According to the Annual Statistical Report on the Social Security Disability Insurance Program, there were 11,832,337 disabled beneficiaries and nondisabled dependents in one recent year. There were 2,352,917 applications for disability benefits, which resulted in 890,190 technical denials, 533,408 medical denials, 27,162 subsequent nonmedical denials, and 517,749 awards.
The award rate in 2015 was only 26.3 percent, the lowest mark of any year since 1992. The award rate has declined each year since 2006. Working with the Paul Baker Law Office can help improve your chances of recovering the disability benefits you need.
Our firm can assist you in every aspect of the application process. We will help you gather all of the necessary evidence to prove your disability.
The SSA uses a five-step process to determine if a person qualifies for benefits:
- You cannot be gainfully employed, which the SSA has defined as earning $1,180 or more a month from working or $1,970 for blind people (as of 2018).
- Your condition is severe, meaning it interferes with basic activities of work you are qualified to do.
- Your condition is on the list of disabling conditions in the SSA’s “Blue Book,” and you will be disabled for more than 12 months or your condition will result in death.
- You are not able to do the work you had been doing before the impairment.
- You can’t perform any other type of work.
The SSA then uses a following four-step process to determine a person’s monthly cash benefit:
- Calculate each worker’s average indexed monthly earnings (AIME).
- Compute the primary insurance amount (PIA).
- Compute the family maximum (FMAX).
- Compute the person’s monthly benefit amount (MBA).
The Paul Baker Law Office has been handling SSD claims in Kentucky for decades. We know how to navigate the SSD application process and help people obtain the benefits they need and deserve.
