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What is Social Security's definition of "disability"?

The Congress of the United States defines a disability as, "the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months."

A person must not only be unable to do his or her previous work but must also be unable to engage in any other kind of substantial gainful work which exists in the national economy. Social Security will not consider whether such work exists in the immediate area, whether a specific job vacancy exists, or whether the worker would be hired if he or she applied for work. The worker's impairment or impairments must be the primary reason for his or her inability to engage in substantial gainful activity although age, education, and work experience are also taken into consideration.

 

What is Social Security Disability Insurance (SSDI) and how does it differ from SSI?

The differences between SSDI and SSI is confusing to many people because both programs are managed by the Social Security Administration.

Eligibility for Social Security Disability Insurance (SSDI) is based on prior work under Social Security.

Eligibility for SSI disability benefit payments is based on financial need.

There are other differences in the eligibility rules for the two programs, however the major distinction is that Social Security Disability Insurance benefits are available for individuals who have worked and paid in to Social Security in recent years and are now disabled.

You can obtain more detailed information on SSI by contacting your local SSA office or their toll free number 1-800-772-1213.

 


Is it possible to qualify for both SSDI and SSI at the same time?

Yes, you may be able to receive SSI and Social Security benefits if your Social Security benefit amount is low.

The amount of your SSI benefit sometimes depends upon where you live, however, the basic SSI check is the same nationwide. Effective January 2004, the maximum SSI payment for an eligible individual is $564 per month and $846 per month for an eligible couple. For the year 2003, the maximum SSI payment for an eligible individual was $552 per month and $829 per month for an eligible couple. Please see the list of states that add money in addition to the basic check.

A list of all known States that supplement the basic SSI amount, with a link to more information about that State is listed below:

There are other states that have special considerations for some situations that are different than most states. Below is a link to view the information from the Social Security Web site for the states that have these different regulations. The above links will direct you to free publications provided by the
official Social Security Administration web site.

Is it true that most first-time applications are denied?

Yes. However, this varies from state to state. Every application decision depends upon the available supporting medical evidence, age, and vocational background of each individual applicant. A BTS Group, Inc. representative can assist you by ensuring all available evidence is obtained giving you the best opportunity to win your case.
 

How do I begin if I decide to apply for Social Security disability benefits?
Before you sign anything, we encourage individuals to call us for a FREE consultation at 1-800-466-0606. Depending on your situation we may be able to complete the forms and file your application with the appropriate office.

You can also apply by calling Social Security's toll free number at 1-800-772-1213. An SSA employee will make an appointment for your application to be taken over the phone.

Likewise, you may also apply by visiting your local Social Security office, if you prefer.

Link to Social Security below Click here to find your nearest local office

 
Do I need a representative in order to apply for Social Security benefits?

The Social Security Administration does not require that you be represented, but it is to your advantage to consult a representative about your specific situation as early as possible. You can then determine if you wish to be represented at the initial level.


How long does it take before I am told if I am eligible?

Time varies based on the stage of processing, your geographical area and the individual characteristics of your case. We know how important it is for you to start receiving benefits. BTS Group Inc. does everything we can to win your case as early as possible.


What does it cost to use your representative services?

BTS Group, Inc. services cost you nothing unless we win your case and you are awarded retroactive benefits. The fees paid to BTS Group, Inc. are approved by Social Security. We charge a percentage of your retroactive benefits. As a rule your fee is 25 percent of your retroactive benefits, not to exceed $5300 for you and any eligible dependents. The only additional charge will be for expenses we incur in obtaining medical evidence, providing we win your case.

As non-attorney representatives, BTS Group, Inc. fees are not withheld from your back-pay. You are responsible to pay these fees directly to BTS Group, Inc. immediately upon receipt of your back-pay.


I don't have money for a representative, how will I pay your fees?

BTS Group works on a contingency basis. This means you only pay for our services if we win your case. We will not charge you a fee until you have received your retroactive benefits. Our fees are payable immediately upon receipt of your retroactive benefits.

As non-attorney representatives, BTS Group, Inc. fees are not withheld from your backpay. You are responsible to pay these fees directly to BTS Group, Inc. immediately upon receipt of your retroactive benefits.

 

How much will I receive from Social Security if I win my case?

The amount of disability benefit you are eligible to receive is determined by the Social Security Administration using a very involved formula that is impacted by your covered earnings, your age, and the date you became disabled.

You can obtain an estimate of your SSDI benefit directly from Social Security by completing form SSA-7004 (Request for Earnings and Benefit Estimate Statement). We have provided a link to the Social Security site for this purpose. You will be allowed to send an online request or you can choose to download the form needed to request this information and mail it in to the Social Security Administration. Please follow the directions given or call the Social Security Administration at 1-800-772-1213 if you have questions regarding obtaining your Earnings and Benefit Estimate Statement.

Request for Earnings and Benefit Estimate Statement
 State by State Statistics

The above links will direct you to information provided by the official Social Security Administration web site.

 


If I do win Social Security benefits, when will I be eligible for Medicare?
If you become entitled to SSDI, Social Security will automatically enroll you in Medicare after you get Social Security disability benefits for two years. The 24 month waiting period begins the month you are entitled to receive disability benefits, rather than the month when you actually received your first check.

 

Can I receive benefits for a short time or do I have to be disabled my whole life?

You must have a disability that is expected to prevent you from being able to work for a 12 month period of time. If your condition improves and you are able to return to substantial gainful activity (SGA), you would no longer be eligible for benefits. However if you return to work in spite of your disabling condition, notify SSA immediately. You may qualify to continue receiving benefits even though you are working. Only Social Security can advise you regarding your eligibility to a trial work period.

Click here to better understand "Trial Work Period" and "SGA" guidelines.

The above link gives information on Trial Work Periods and SGA from the
official Social Security Administration web

 

I have heard there are programs to help pay for Medicare costs, how do I apply?
There is help for some low-income Medicare Beneficiaries. If you cannot afford to pay your Medicare premiums and other costs, you may be able to get help from your state. You may qualify for a Medicare assistance program as a “Qualified Medicare Beneficiary” (QMB), “Specified Low--Income Medicare Beneficiary” (SLMB) or “Qualifying Individual (QI).”

These programs are for certain people who are entitled to Medicare and have low income. They may pay some or all of Medicare's premiums and may also pay Medicare deductibles and coinsurance.

To qualify, you must have Part A (hospital insurance)and Part B, a limited income, and your resources (such as bank accounts, stocks, bonds,etc.) must not exceed the maximum resource limit.


Only your state can decide if you qualify for help under one of these programs. To find out if you qualify, contact your state or local medical assistance (Medicaid) agency, social service or welfare office.

You can get more detailed information about these programs from the publication "Medicare Savings for Qualified Beneficiaries". You can call 1-800-772-1213 to request this publication.

 

I am 65 or older and receive retirement benefits, but now I am disabled. Can I receive additional benefits for disability?
You can receive Social Security disability benefits until age 65(retirement age). When you reach age 65, your disability benefits automatically convert to retirement benefits, but the amount remains the same.

Therefore, after the age of 65, you can not draw additional benefits due to disability.


How can I get in touch with the social Security administration?
You can reach Social Security by dialing: 1-800-772-1213

Or to find your local office and their location click on the link below.

Click here to find your nearest Social Security office.

The above link will direct you to information provided by the
official Social Security Administration web site.

 

Can I continue to work and still receive SSDI or SSI?

Depending on your medical condition, you could be entitled to a trial work period while receiving the full monthly social security disability benefit you are entitled to. Contact Social Security if you have or are thinking about returning to work. There are incentives designed to help individuals return to work while continuing to receive benefits for a period of time. Only Social Security can advise you if you meet work incentive requirements.

If you are receiving SSI benefits, your wages may reduce your benefit since SSI has income guidelines that effect the amount of benefit you are allowed to receive.

For more information about returning to work, click here.

The above link will direct you to information provided by the
official Social Security Administrative web site.

 
What are the qualifications to receive SSDI?

To qualify for SSDI you must meet the definition of disability. You must also have worked long enough and recently enough under Social Security to have the required work credits. The number of credits you need depends on your age and when you became disabled.

Generally you need 20 credits earned in the last 10 years ending with the year you became disabled. You can earn a maximum of four work credits per year. However younger workers may qualify with fewer credits.

Call us now to discuss your situation and eligibility based upon your work credits. We can help you understand the qualifications.

1-800-466-0606

Your consultation is FREE

 

What are the qualifications to receive SSI?

SSI is a Federal income supplement program funded by general tax revenues (not Social Security taxes).

To qualify for SSI you must meet the definition of disability, blindness, or be 65 or older. In addition, you must also meet income and resource guidelines.


Social Security says I can work, but who is going to hire me with my limitations?
While the reality is that many employers do not want to risk hiring someone with significant health problems, the Social Security disability program does not consider this in their evaluation. They do not consider if other jobs pay less than you are accustomed to or if they are jobs you would not want to perform.

For individuals younger than age 50, the Social Security Administration only considers whether you are physically and/or mentally capable of performing substantial gainful activity at any type of work that exists in the national economy.

For individuals over age 50, there are different rules, i.e., you may qualify if you are unable to do past work and do not have transferable skills to perform other work.
My doctor says I am disabled, why doesn't Social Security believe my doctor's opinion?
Social Security has very specific guidelines to determine eligibility. They do not accept general statements such as "This patient is disabled". Their response is that the decision of disability is reserved for the Commissioner of the SSA.

Eliciting the right information from your doctor is often critical for a successful outcome, i.e., winning your claim. That is why it is so important to work with a representative who is familiar with the specific information required for this program.
 

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