Disability Law Experts
Disability Law is here to help you, and we are one of the few Disability Law experts in the Pacific Northwest. We can help you get the compensation and benefits you need. Even if you’ve received an initial “no,” that doesn’t mean you don’t have a strong case. The SSA (Social Security Administration) has a lot of overworked personnel who can’t give each case the attention it deserves. First, we listen to you with compassion and attention to determine whether you have a case that can succeed. We know the law, we know the system and the people in it, and we have the experience and expertise to turn a “no” into a “yes.”
What We Do For You
- We advise or help you complete all forms required throughout the claim process.
- We compassionately listen to and evaluate your story to help you determine how to best proceed with your case.
- We will accept your case at any point of the procedure: During the initial application, all appeal stages, and prior to a hearing before an administrative law judge.
- We make all essential contacts and appointments vital to your case.
- We are friendly, respectful, diligent, and readily accessible by phone, email or text all day every day.
- We work closely with you, always keeping you ahead of the curve, well informed, and up-to-date.
- If we can’t provide it, we recommend resources for any services you may need.
- We work on a contingency basis and get paid only if you win your case — the ultimate incentive to remain diligent, active and ahead of the curve.
- What Is A Social Security Disability Claim?
- What Are The Income Qualifications For Social Security Disability?
- How Do I Apply For Disability?
- Can Social Security Disability Check Your Bank Account?
- Should I File An Appeal Or File An Entirely New SSD Application?
Most people do not think about the possibility of becoming disabled during their life. However, the chances of becoming disabled are higher than the majority of people believe. A study acquired by the Social Security Administration estimates that one out of four people currently in their twenties will become disabled before reaching the retirement age of 67. Unfortunately, the majority of people do not plan for such a circumstance, and when an incident happens that leaves an individual disabled, a lot of uncertainties, concerns, and questions may arise. Luckily, there is a knowledgeable Social Security Disability attorney in Lake Oswego that you can turn to for valuable assistance and resources in the event that you become disabled. Attorney Randy Rosenblatt and his team of professionals are ready to help you with your concerns regarding disability benefits you deserve to collect.
Social Security Disability Insurance Program (SSDI) And Supplemental Security Income (SSI)
If you become disabled, there are two types of disability programs available from the Social Security Administration that provides benefits for people in need of assistance. The two types of programs are Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
The Social Security Disability Insurance program pays benefits to individuals and certain family members if the person claiming SSDI fulfills the work criteria and has paid Social Security taxes. Individuals who are approved to receive Social Security Disability Insurance benefits are automatically enrolled in Medicare after fulfilling two years in the program.
The Supplemental Security Income program pays benefits to disabled adults and children who have limited income and resources. In other words, the benefits for Supplemental Security Income are based on whether an individual or family meet low-income requirements. If approved under the Supplemental Security Income program, individuals and families can enroll in Medicaid right away.
To determine eligibility in either the Social Security Disability Insurance program or the Supplemental Security Income Program, information is required about your medical condition, work, and education history. Gathering information on employment, medical condition, and education helps the administration determine whether a person is eligible to receive disability benefits under their rules and terms. To qualify for benefits, the medical requirements are the same for both the SSDI program and the SSI program. Moreover, the administration determines disability by using the same process for both programs.
To be eligible to qualify for disability benefits, an individual would need to have worked in jobs that are covered by Social Security and have paid Social Security taxes. They also would need to meet a medical condition listed under Social Security’s definition of disability. If a person qualifies and is approved to receive benefits, the program remits a monthly payment to those who are unable to work for a year or more due to a disability. The benefits usually stop when an individual is able to return to work on a regular basis.
The Social Security Disability Insurance program defines disability as the following:
- A person may qualify for disability if he or she is unable to perform the same work as before;
- The Social Security Disability Insurance program determines that an individual cannot adjust to other work because of the underlying disability; and
- The disability has lasted or is expected to last for at least a year; or
- The disability will result in death.
It is important to note that Social Security pays only for total disability. In other words, if a person has a partial disability or if a person will be disabled for less than one year, that person will not qualify for payable benefits. Social Security requirements for disability are strict to avoid fraud or abuse of benefits. Also, the program assumes that people have access to resources that can provide support during a partial or short-term disability. For instance, many people can seek workers’ compensation and insurance for support.
The Social Security Disability program uses five questions to further determine whether a person is eligible for disability benefits. The following questions are used to verify if a person qualifies:
1) Is the person filing for disability working?
A person may not be considered disabled if their earnings average more than $1,220 a month. If the individual is not working, the Social Security program will send the application to the Disability Determination Services. Disability Determination Services will decide whether the medical condition or disability qualifies for benefits.
2) Is the condition severe?
The condition of a person’s disability has to prove a limit on the ability to perform basic work functions such as walking, sitting, lifting, remembering, and standing. The disability has to last for at least a year.
3) Is the condition listed under the list of disabling conditions?
The Social Security Disability program maintains a list of medical conditions that determine whether a person has a disability severe enough to receive benefits. In order for a medical condition to be considered severe, it has to deter a person from being able to adequately and reasonably perform basic work functions. If a condition is not on the list, it does not necessarily mean that a request for disability will be denied. A person may still file for disability, and the Social Security Insurance Disability office will determine if the condition is as severe as the ones on the list of medical conditions.
4) Can the person filing for disability still perform work done in previous jobs?
This question determines whether a person can still perform work with a disability. If a person is unable to do previous work functions, their claim moves to the next step. If a person can still do the same work with a disability, their request for disability will most likely be denied.
5) Can the person perform other types of work?
Even with a disability, many people are still able to work. If a person is not able to work in their previous or current job, they may still be able to work in a different position with different requirements despite a disability. The Social Security Disability program will want to determine whether a person qualifies for other work before approving or denying benefits.
It is wise to consult your Social Security Disability attorney in Lake Oswego to discuss the best option for your individual situation. Trying to navigate the Social Security Disability Insurance program on your own can get overwhelming. The process requires detailed and accurate paperwork, questions, and interviews to determine benefit eligibility. Any mistake can cause the Social Security office to deny your request for disability benefits. Your experienced Social Security Disability attorney in Lake Oswego will ensure that all communication and paperwork are done correctly and efficiently to ensure a favorable result on your behalf.
Social Security Disability Insurance Benefits
Once you submit your claim for Social Security Disability Insurance (SSDI) benefits, it usually takes between three to five months to receive a decision. However, every case is different, and depending on the circumstances, such as delays in obtaining medical records and other evidence, a decision could take longer. Missing documents, inaccurate or incomplete paperwork can also result in delays or denial of benefits. If you are applying for Social Security Disability benefits, it is highly advised to talk to an experienced Lake Oswego, OR disability law attorney to help guide you throughout the process. A professional disability law attorney can make sure that all your paperwork is submitted correctly and on time.
If you are found eligible to receive Social Security Disability Insurance benefits, your benefits will be provided on a monthly basis. The amount that you receive in benefits each month will be based on the recipient’s average lifetime earnings. The average lifetime earnings is calculated from before the disability began.
Disability benefits are not based on the severity of the disability, nor is it based on the income a person has. However, if a person is already receiving a disability benefit from a government entity, it may reduce or disqualify the amount the applicant would receive from the Social Security Administration (SSA). If you are collecting disability benefits from a government entity, and you are unsure whether you are eligible to receive full SSDI benefits, a Lake Oswego, OR disability law attorney can assess your particular situation and determine whether your current disability benefits would reduce your chances of getting any SSDI benefits.
The average amount of Social Security Disability Insurance benefits that recipients receive ranges between $800 to $1,800 a month. However, this is only an average. Some receive less while others attain more depending on their individual circumstances and needs. To calculate the amount a person receives in disability benefits, the SSA applies a formula. The formula is complex, and it does not surpass a maximum benefit amount. For 2020, the maximum benefit amount is a little over $3,000.
To calculate a person’s disability benefits, the SSA takes into consideration the amount of income that the person paid on Social Security taxes, which is called covered earnings. They use the covered earnings and the average indexed monthly earnings, which is the number of years worked, and input those numbers into a formula to calculate the primary insurance amount.
Calculating the exact amount of disability benefits can be challenging to figure out on your own. However, an expert Lake Oswego, OR disability law attorney, who has in-depth knowledge of disability law can help you estimate benefits based on your work and income history.
As previously mentioned, receiving disability benefits from another source can reduce or eliminate SSDI benefits. If you receive benefits from a government-regulated entity, your SSDI benefits amount can be affected. For instance, workers’ comp or temporary state disability benefits can impact your Social Security Disability Insurance benefits. However, if you receive disability benefits from a private company that is not related to a government-regulated entity, your SSDI benefits will not be affected. If you have concerns or questions about your current benefits and how it might impact potential Social Security Disability Insurance benefits, you should consult a Lake Oswego, OR disability law attorney to discuss your options.
Is It Possible To Receive Both SSDI And SSI Benefits Simultaneously?
Depending on the circumstances, some individuals may be eligible to receive both Social Security Disability Insurance benefits and Supplemental Security Income (SSI) benefits simultaneously. To be eligible for both benefits at the same time, a person must first be approved for SSDI benefits. However, their monthly Social Security Disability Insurance payment must be low enough in order to qualify. Receiving both SSDI and SSI payments is known as concurrent benefits.
Low SSDI monthly payments can result from working very little. Not only can a nonexistent work history trigger low SSDI payments, being disabled at a young age can also affect SSDI amounts. If someone does not have a considerable work history or earned low wages throughout their employment, it may be difficult to receive a substantial amount of SSDI benefits. However, these factors can help someone augment monthly payments by also applying for Supplemental Security Income benefits.
Supplemental Security Income is different from Social Security Disability Insurance in that it provides individuals who are disabled or over the age of 65, and who have limited income and resources, with monthly payments. The SSA will take into account all income sources to determine if a person meets SSI eligibility. If you meet both SSDI and SSI requirements and eligibility, you will be able to receive concurrent benefits. To assess whether you qualify for concurrent benefits, it is highly recommended to talk to a Lake Oswego, OR disability law attorney.