Category Archives: Social Security SSD/SSI
Does a Title XVI claim for SSI die with the claimant?
What happens if a claimant dies while her SSI claim for disability benefits is still pending?
As with most law related questions the answer is maybe. Unfortunately, the rules for SSI claims are quite different from SSDI claims in situations where the claimant dies before a ruling is made on their application for benefits. The rules are as follows.
Benefits may be paid to the surviving spouse if the surviving spouse was living at the time of death or within six months proceeding the month of death.
OR
Benefits may be paid to the parents of a disabled or blind child who was living with the parent or parents at the time of death or within six months proceeding the month of death.
If one of the above conditions does not apply then SSI benefits dies with the claimant, that is, no one gets paid SSI benefits.
Can I receive Social Security disability benefits for having problems with drugs or alcohol?
Can I receive Social Security disability benefits for having problems with drugs or alcohol?
Someone can receive Social Security disability benefits despite having a problem with drugs or alcohol, but not solely on the basis of the drug or alcohol problem itself. Since 1996, those with drug or alcohol addictions are not eligible to receive Social Security disability benefits if their drug or alcohol addictions are their only disabilities. On the other hand, if they would have disabilities even without problems with drugs or alcohol, then they could still qualify for benefits.
In general, a “disability” as defined by the Social Security Administration is a serious medical condition that has lasted (or will last) for at least one year, and prevents someone from being gainfully employed. Although a drug or alcohol addiction might seem to satisfy this definition, the Social Security Administration’s rules state that drug or alcohol addiction—by itself—is not a qualifying disability. Specifically, those who have problems with drugs or alcohol that are contributing factors “material” to their disabilities will not be found eligible by the Social Security Administration to receive disability benefits.
A drug or alcohol addiction is “material” to a person’s disability if the person would not be disabled but for the use of drugs or alcohol. In other words, those who would not be disabled if they completely stopped using drugs or alcohol are generally not eligible for Social Security disability benefits because their use of drugs or alcohol is “material.” For example, if a person suffers from chronic liver disease and abuses alcohol, then the person would probably not be found disabled by the Social Security Administration if the cessation of alcohol use would result in the improvement of the person’s condition. If, however, the person’s condition were so advanced that cessation of alcohol use would not result in any significant improvement, then the person could be eligible for disability benefits. In the latter case, the person’s alcohol use would not be “material.” The distinction becomes somewhat more difficult to prove in the case of mental, as opposed to physical, disabilities.
If you have been denied a claim for Social Security disability benefits on the basis of drug or alcohol problems, then you should speak with an attorney who focuses on Social Security law. An attorney can explain what you have to prove to establish your eligibility for benefits, and can help you obtain the benefits you need. Call or click here for a free online consultation with John T. Nicholson.
Posted in Social Security SSD/SSI
Tagged aa, alcohol, drugs disability, ssi for drug abuse
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If the Veterans Administration determines that I am disabled, will the Social Security Administration also find that I am disabled?
If the Veterans Administration determines that I am disabled, will the Social Security Administration also find that I am disabled?
The Veterans Administration (“VA”) and the Social Security Administration (“SSA”) have their own, independent rules for determining whether someone is disabled for purposes of receiving disability benefits. Under the VA’s guidelines, someone who is not completely disabled can qualify for disability benefits. In other words, the VA recognizes partial disabilities (in terms of percentages) as well as total disabilities.
The SSA, however, generally recognizes only total disabilities. Under the SSA’s guidelines, a disability is a serious medical condition (mental or physical) that has lasted (or will last) for at least one year and prevents a person from engaging in any substantial, gainful activity. This definition incorporates not only the type of disability (for example, post-traumatic stress disorder or chronic heart failure) but also the extent or severity of the disability. As a result, someone could have a type of disability recognized by the SSA, but nevertheless not be eligible for Social Security disability benefits if the severity of the disability were found to be insufficient. A mental or physical condition severe enough to qualify as a disability under the SSA’s rules would likely be considered at least a 90% disability under the VA’s rules.
At the same time, a determination by the VA that someone is disabled does not necessarily mean that the SSA will also make the same determination. For example, even if the VA determines that someone is 90% or 100% disabled, the SSA does not automatically reach the same conclusion. The SSA requires that everyone who applies for disability benefits must submit medical documentation to prove the type and severity of their medical condition. Under the SSA’s regulations, only documentation provided by certain physicians is sufficient to establish that someone has a qualifying disability. The SSA does consider other evidence, such as a person’s own statements or disability evaluations by other government agencies, but the SSA only considers the other evidence for purposes of judging the extent or severity of a disability.
A disability determination from the VA can be useful for purposes of applying for Social Security disability benefits, but it will not be binding on the SSA. In many cases, a 90% or a 100% disability finding by the VA will go a long way towards proving a disability to the SSA, but it will probably not—by itself—be enough to establish a disability under the SSA’s rules. If the VA has determined that you are disabled and you have questions about how that could help you qualify for Social Security disability benefits, then you should consult an attorney familiar with Social Security law.
Can I get Social Security disability benefits SSD/SSI if I am disabled but have never worked?
Can I get Social Security disability benefits if I am disabled but have never worked?
The Social Security Administration runs two programs that provide disability benefits: Social Security Disability Insurance (“SSDI”) and Supplemental Security Income (“SSI”). SSDI provides benefits to: (1) disabled workers who worked for five out of the last 10 years, called “insured workers” by the Social Security Administration; (2) the disabled children of insured workers, as long as the children became disabled before they reached the age of 22; and (3) the disabled surviving spouses of deceased insured workers. SSI pays benefits to disabled adults and children who have little or no income, or other financial resources; it also provides benefits to adults without disabilities who are over 65 and whose financial means are under certain limits.
Whether someone with a disability who has never worked can receive Social Security disability benefits depends upon the circumstances. For someone who has never worked and became disabled after reaching age 22, SSDI benefits would not be available. SSDI benefits could be available, however, to either a disabled child of an insured worker, as long as the child became disabled before reaching age 22; or, to the disabled surviving spouse of a deceased insured worker. Neither disabled children, nor disabled surviving spouses, have to satisfy the SSDI work requirement on their own.
SSI benefits, on the other hand, could be available to someone who has never worked, regardless of age. The reason that SSI could be available to someone ineligible for SSDI is that eligibility for SSI is based only on disability and financial means. Therefore, someone with a disability who has never worked can qualify for SSI benefits.
In order to qualify for either program, applicants must prove that they have a “disability” under the Social Security Administration’s rules (with the exception of those age 65 or over who apply for SSI benefits). With respect to adults, a “disability” is a serious medical condition that has lasted (or will last) for at least one year, and prevents someone from being gainfully employed. With respect to children, a “disability” is a serious medical condition that causes severe functional limitations and can either be expected to cause death, or be expected to last for at least one year.
Qualifying for either program can be difficult. The Social Security Administration often finds that applicants are not disabled, and proving a disability would be critical for someone who has never worked and would only be eligible for SSI benefits. If you are disabled and have never worked, then you should speak with an attorney who understands the Social Security Administration’s disability rules and can help you understand how to qualify. Complete our free online consultation form today.
Posted in Social Security SSD/SSI
Tagged never worked ssi, social security disability check, ssdi, ssi
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What are the best doctor opinions for purposes of getting social security disability?
SSR Rulings on Doctor’s Opinions:
The Social Security Administration periodically issues “Social Security Rulings.” A Social Security Ruling (“SSR”) is essentially a modification of the Social Security Administration’s policies and procedures, and although an SSR does not have the same effect as a law, all parts of the Social Security Administration must comply with its terms.
For instance, on August 9, 2006, the Social Security Administration issued SSR 06-03p, the stated purpose of which was “[t]o clarify how [the Social Security Administration] consider[s] opinions from sources who are not ‘acceptable medical sources’ and how [the Social Security Administration] consider[s] decisions by other governmental and nongovernmental agencies on the issue of disability or blindness.”SSR 06-03p discusses the types of evidence that the Social Security Administration evaluates to make a disability determination. This evidence “includes, but is not limited to, objective medical evidence; other evidence from medical sources, including their opinions; statements by [an applicant for disability benefits] and others about the impairment(s) and how it affects the [applicant’s] functioning; information from other ‘non-medical sources’ and decisions by other governmental and nongovernmental agencies about whether an [applicant]is disabled or blind.”
According to the ruling, “acceptable medical sources” include licensed physicians, licensed or certified psychologists, licensed optometrists, licensed podiatrists, and qualified speech-language pathologists. Sources other than “acceptable medical sources” include nurse practitioners, physician assistants,licensed clinical social workers, naturopaths, chiropractors, audiologists, therapists, educational personnel, social welfare agency personnel, and friends, family and associates of an applicant for disability benefits.The significance of the distinction between “acceptable medical sources” and other sources is that the Social Security Administration will consider only evidence providedby an acceptable medical source for purposes of establishing “the existence of a medically determinable impairment.” Among other things, this means that a medical opinion from an acceptable medical source can lead directly to a determination about whether or not an applicant for disability benefits has a qualifying disability.Although opinions from other sources might not have as much influence on an official disability determination, the evidence from other sources can be important. These opinions provide the Social Security Administration with evidence regarding the severity of an applicant’s disability, along with the extent of an applicant’s ability to function despite the disability.
If you believe that you are eligible to receive Social Security disability benefits, or if you have been denied and want to appeal, then any evidence you have from sources other than “acceptable medical sources” can be important. Talk to an attorney who focuses on Social Security disability law if you have questions about establishing your entitlement to disability benefits. Call today 1-800-596-1533 for a free consultation.
