Nolo's Guide to Social Security Disability: Getting & Keeping Your Benefits

by David A. Morton III M.D.

Overview

Understand-and benefit from-the Social Security disability system Nolo's Guide to Social Security Disability is an essential book for anyone dealing with a long-term or permanent disability, as well as for social workers, caregivers, and other professionals in the field. It will help you demystify the government's disabilty program, thoroughly explaining:

· the difference between SSDI and SSI
· what benefits are available to disabled children
· how to match your condition to the government's list of disabilities
· how age, education and work experience affect benefits
· how to resume working and still receive benefits
· how to appeal a denial of benefits
· how to respond to a Continuing Disability Review
· and much more

Plus: The included CD-ROM provides in-depth medical listings to help you determine what you qualify for. It covers breathing disabilities, heart disease, mental disorders, speech impairments, cancer, immune system disorders-and much more.

The 3rd edition is completely updated with the latest rules, information and medical listings. User-friendly appendices translate bureaucratic terms, provide medical-vocational rules, and list Social Security benefit publications.

Product Details

ISBN-13:	9781413331653
Publisher:	NOLO
Publication date:	03/15/2024
Sold by:	Barnes & Noble
Format:	eBook
Pages:	480
File size:	50 MB
Note:	This product may take a few minutes to download.

About the Author

David A. Morton has degrees in psychology (B.A.) and medicine (M.D.). For 14 years, he was a disability determination consultant for the Social Security Administration, serving as chief medical consultant for eight years. In his capacity as chief medical consultant, Dr. Morton hired, trained, supervised and evaluated the work of medical doctors and clinical psychologists, and made thousands of disability determinations for both adults and children. Dr. Morton has authored several books on Social Security disability for attorneys and judges.

Read an Excerpt

What is Social Security Disability?
Introduction
The Social Security Administration (SSA) decides who is eligible for disability payments under rules established in the Social Security Act by the U.S. Congress. In this chapter we describe the two main SSA programs that administer disability payments. We briefly explain the requirements that any claimant must meet to receive benefits. We also provide a number of tips on how to deal with the SSA bureaucracy, including answers to some of the most frequently asked questions about Social Security Disability.

A. Two Different Programs
Once you qualify as disabled under the Social Security Act, the SSA makes disability payments under one of two programs:
Social Security Disability Insurance (SSDI), for workers who have paid into the Social Security trust fund (and their dependents), and Supplemental Security Income (SSI), for disabled individuals with limited incomes and assets (and their dependents).

SSDI claims are also referred to as Title 2 claims because they are authorized under Title 2 of the Social Security Act. SSI claims may be referred to as Title 16 claims because they are authorized under Title 16 of the Social Security Act. A person claiming a disability is called a claimant. Some claimants apply under both Title 2 and Title 16; these are known as concurrent claims.

When the SSA receives your application, it will determine whether you are eligible for disability benefits under SSDI or SSI, even if you have not specifically requested both. This means that if you apply only for SSDI benefits, the SSA will automatically process your claim for any SSI disability benefits to which you might be entitled. If your SSDI claim is turned down, you don't have to file another claim for possible SSI benefits.

1. Social Security Disability Insurance
SSDI provides payments to workers who have made contributions to the Social Security trust fund through the Social Security tax on their earnings. SSDI is also available to certain dependents of workers. If you are found eligible for SSDI, you might be entitled to retroactive (past) benefits if you can show that you were disabled before the date of your application. (See Chapter 10 for more details on when benefits begin.)
Comparing SSDI and SSI

Social Security tax to qualify?
for children?
disabled before age 22
benefits begin?
Children: None
award

Medicaid starts immediately in most states before actual approval of benefits? before decision. Claimant does not have to return payments if found not disabled. months months (blind claimants are exempt from duration requirement) financial factors may prevent eligibility for benefits? Gainful Activity: Work earning more than $860/month ($1,450/month if blind) as of year 2006 b. Nonwork income and other resources equivalent to income. to noncitizens in U.S.? exceptions
earnings?
("closed period"), even if not currently disabled?
the work earnings of a relative or spouse? continued during a period of trial work? re-entitlement to benefits if work effort fails after termination of benefits U.S. citizens and noncitizens for noncitizens

To qualify for SSDI, you must fall into one of the following categories:
i. You are a disabled insured worker under age 65 You must have worked both long enough and recently enough to qualify. It may not be sufficient that you worked for many years and paid Social Security taxes. When you worked is also important. The law requires that you earn a certain number of work credits in a specified time before you are eligible for benefits. You can earn up to four credits per year, each credit representing three months. The amount of earnings required for a credit increases each year as general wage levels rise. The number of work credits needed for disability benefits depends on your age when you become disabled. Most people need at least 20 credits earned over ten years, ending with the year you become disabled. Younger workers may qualify with fewer credits.

In effect, you count backwards from the year that you became disabled to see whether you have the appropriate number of credits. That means that credits from many years before you became disabled are automatically wiped out, or expire. This can lead to a dangerous situation for people who haven't worked for many years before becoming disabled. Their credits may dip below the required amount, and they can lose eligibility for SSDI. The date on which they lose their eligibility is called the "date last insured," or DLI-often a subject of dispute in Social Security cases. If you think your DLI is too far in the past to qualify you for SSDI, talk to your local SSA Field Office to make sure-in certain rare circumstances, you may still qualify.

The rules are as follows:
Before age 24. You'll need at least six credits earned in the three-year period ending when your disability started.

Age 24 to 31. Credit for having worked half the time between age 21 and the time you become disabled. For example, if you become disabled at age 27, you would need credit for three years of work (12 credits) during the six years between ages 21 and 27.

Age 31 or older. In general, you will need the number of work credits shown in the chart below. Unless you are blind (see Chapter 17 for definitions of legal blindness), at least 20 of the credits must have been earned in the ten years immediately before you became disabled.

Table of Contents

I. How to Use This Book
   A. Introduction
   B. Medical and Legal Questions
   C. How to Use This Book and CD-ROM
1. What Is Social Security Disability?
   A. Two Different Programs
   B. Defining Disabled
   C. Contacting the Social Security Administration
   D. Frequently Asked Questions About Social Security Disability
2. Applying for Disability Benefits
   A. Preparing to Apply
   B. Applying for Disability Benefits
   C. Healthcare Professionals
   D. How Other Disability Payments May Affect Social Security Benefits
   E. Availability and Disclosure of Confidential Records
   F. Fraud and Other Crimes
3. Disability Benefits for Children
   A. Three Benefit Programs for Children
   B. Applying for SSDI or SSI Benefits
   D. Continuing Disability Reviews for SSI Children
   E. Other Healthcare Concerns
4. Getting Benefits During the Application Process
   A. Applying for Presumptive Disability
   B. Impairments Qualifying for Presumptive Disability by Field Office
   C. Qualifying for Presumptive Disability Through the DDS
5. Proving You Are Disabled
   A. Acceptable Medical Sources
   B. Medical Evidence From Treating Sources
   C. The Role of Consultative Examinations in Disability Determination
   D. Evidence of Symptoms
   E. Other Evidence
6. Who Decides Your Claim?
   A. DDS Basics
   B. DDS Claims Examiners
   C. Other DDS Administrative Personnel
   D. Medical Consultants
   E. If Your Claim Is Granted
   F. If Your Claim Is Denied
   G. DDS Corruption and Incompetence
   H. Disability Redesign: Coming Danger to Claimants
7. How Claims Are Decided
  Step 1. Are You Engaged in Substantial Gainful Activity?
  Step 2. How Severe Are Your Impairments?
  Step 3. Do You Meet the Listing of Impairments?
  Step 4. Can You Do Your Prior Job?
  Step 5. Can You Do Any Other Job?
8. If You Can Do Some Work
   A. Physical Impairments and Abilities
   B. Mental Impairments and Abilities
   C. Claims With Both Physical and Mental RFCs
9. How Age, Education, and Work Experience Matter
   A. Age
   B. Education
   C. Work Experience
   D. Use of Vocational Analysts
   E. Vocational Rehabilitation
10. When Benefits Begin
   A. Medical Evidence
   B. Work Experience
   C. SSDI or SSI Claimant
11. Reasons You May Be Denied Benefits
   A. You Earn Too Much Income or Have Too Many Assets
   B. Your Disability Won't Last Long Enough
   C. The SSA Cannot Find You
   D. You Refuse to Cooperate
   E. You Fail to Follow Prescribed Therapy
   F. Your Disability Is Based on Drug Addiction or Alcoholism
   G. You Have Been Convicted of a Crime
   H. You Commit Fraud
12. Appealing If Your Claim Is Denied
   A. Deciding Whether to Appeal
   B. Appeal Basics
   C. Your Right to Representation
   D. Four Levels of Appeal
   E. Reopening of Decisions
   F. Refiling an Initial Claim
13. Once You Are Approved
   A. Disability Benefit Payments
   B. Reporting Changes-SSDI Recipients
   C. Reporting Changes-SSI Recipients
   D. Returning to Work
   E. Passage of the Ticket to Work and Work Incentives Improvement Act
   F. Participation in the Ticket to Work Program
   G. The Ticket to Hire Program
14. Continuing Disability Review
   A. Frequency of Reviews
   B. How the SSA Contacts You
   C. Medical Improvement Review Standard
   D. Children and CDRs
   E. Appealing a CDR Decision
15. Your Right to Representation
   A. When Do You Need an Authorized Representative?
   B. What Can an Authorized Representative Do?
   C. Who Can Be an Authorized Representative?
   D. Should Your Authorized Representative Be an Attorney?
   E. When and How Your Representative Is Paid
   F. Notifying the SSA of Your Choice for Representative
   G. Keeping Up on the Law Yourself
Chapters on CD
How to Use the CD-ROM
   A. Installing the Medical Disabilities Chapters Onto Your Computer
   B. Using the PDF Files
   C. List of Files Included on the CD-ROM
16. Musculoskeletal Disorders and Growth Impairments
   A. Definitions
   B. General Information
   C. Specific Listings and Residual Functional Capacity
17. Vision, Balance, Hearing, and Speech
Part I. Vision
   A. Definitions
   B. General Information
   C. Specific Listings and Residual Functional Capacity
Part II. Balance and Hearing Disorders
   A. Definitions
   B. General Information
   C. Specific Listings and Residual Functional Capacity
Part III. Loss of Speech
   A. Definitions
   B. General Information and Listing
18. Breathing Disorders
   A. Definitions
   B. General Information
   C. Specific Listings and Residual Functional Capacity
19. Heart and Blood Vessel Diseases
   A. Definitions
   B. General Information
   C. Specific Listings and Residual Functional Capacity
20. Digestive System Diseases
   A. Definitions
   B. General Information
   C. Specific Listings and Residual Functional Capacity
21. Kidney Diseases
   A. Definitions
   B. General Information
   C. Specific Listings and Residual Functional Capacity
22. Blood Diseases
   A. Definitions
   B. General Information
   C. Specific Listings and Residual Functional Capacity
23. Skin Diseases
   A. Definitions
   B. General Information
   C. Specific Listings and Residual Functional Capacity
24. Hormone Disorders
   A. Definitions
   B. General Information
   C. Specific Listings and Residual Functional Capacity
25. Multiple Body System Disorders
   A. Definitions
   B. General Information
   C. Specific Listings and Residual Functional Capacity
26. Nervous System Disorders
   A. Definitions
   B. General Information
   C. Specific Listings and Residual Functional Capacity
27. Mental Disorders
   A. Definitions
   B. General Information-Adult Mental Disorders
   C. General Information-Child Mental Disorders
   D. Specific Listings and Residual Functional Capacity
28. Cancer
   A. Definitions
   B. General Information
   C. Specific Listings and Residual Functional Capacity
29. Immune System Disorders
   A. Definitions
   B. General Information
   C. Specific Listings and Residual Functional Capacity
Appendixes
   A. Glossary of Bureaucratic Terms
   B. Examples of Technical Rationales for Denials
   C. Medical-Vocational Rules
   D. Benefits Planning Assistance and Outreach Programs
   E. Protection and Advocacy Organizations
Index

Editorial Reviews

The most prominent US publisher of self-help legal aids.

Time Magazine

Nolo publications...guide people simply through the how, when, where and why of the law.

Washington Post

"A thorough analysis and discussion of the requirements to qualify for Social Security disability benefits." The Wall Street Journal

"Guides applicants and recipients through one of the world's largest bureaucracies." Reference & Research Book News

"Morton presents readers with the eighth edition of his step-by-step guide to navigating the world of long-term or permanent Social Security disability. The author covers the qualifying of medical conditions, the applications for Social Security Disability Insurance and Social Security Insurance benefits, the estimation of monthly expenses, requesting and winning appeals and hearings, and a wide variety of other related subjects over the course of the book. Morton was a consultant the Social Security Administration and has authored many books on Social Security disability for use by legal professionals." Eithne O'Leyne Editor, ProtoView

"Now in a fully updated and expanded ninth edition, "Nolo's Guide to Social Security Disability: Getting & Keeping Your Benefits" is a comprehensive and compassionate instructional reference and guide that covers both SSDI and SSI, showing the non-specialist general reader how to prove a disability, and explains how age, education, and work experience affect an applicant's chances. Parents will find special information about benefits available to children with a disability. "Nolo's Guide to Social Security Disability: Getting & Keeping Your Benefits" shows how to: Find the disability criteria for a medical condition; Prove the severity of a disability; Appeal if denied benefits; Work part time while keeping benefits; Prepare for a Continuing Disability Review; and so much more. Plus, this new edition of "Nolo's Guide to Social Security Disability: Getting & Keeping Your Benefits" is packed with filled-in samples of all the forms you'll need, including the SSDI and SSI disability applications. This edition also covers recent major changes, including: Updated disability listings for over 65 medical conditions; New rules concerning hearings and evidence; Changes in how Social Security considers evidence from treating doctors and other medical providers. Thoroughly and impressively 'user friendly' in organization and presentation, "Nolo's Guide to Social Security Disability: Getting & Keeping Your Benefits" is unreservedly recommended for personal, community and academic library Social Security reference collections." The Midwest Book Review

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