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Social Security Disability InsuranceSocial Security Disability (SSD) is an insurance program sponsored by the U.S. government under Title 11 of the Social Security Act. It is a monthly cash benefit for a disabled worker and/or family. Is It For Me?For purposes of entitlement to disabled worker's benefits, disability is defined by Social Security 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 cannot, considering age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy.” If you have a psychiatric disability you will need to have your psychiatrist fill out a medical report form. The form will ask your psychiatrist for a psychiatric history of your condition. The form will also ask for the following information:
The psychiatrist makes an assessment of your condition; Social Security employees make the decision regarding your eligibility for Social Security Disability Insurance. You should be familiar with the process Social Security uses to determine if you are disabled. It's a step-by-step process involving five questions. They are:
Persons who can qualify for benefits on the basis of disability are:
Most people need 20 Social Security credits (5 years of work) to qualify for SSD benefits. Younger people need fewer credits to be eligible for disability benefits or for their family members to be eligible for survivor benefits if they die. If you have a psychiatric disability or another type of disability and it has been determined by Social Security that you are unable to engage in “substantial gainful activity”, you may be able to receive Social Security Disability (SSD) benefits. The rules and exceptions to those rules in determining whether you are an insured worker can be complex. To find more information about earnings and length of work requirement for SSD eligibility click on http://www.ssa.gov/OP_Home/handbook/handbook.05/handbook-toc05.html. You can also work and continue to receive SSD benefits. Social Security rules make it possible for you to test your ability to work without losing their cash or medical benefits. These rules are called “work incentives” and they may provide:
For more information about work incentives, ask any Social Security office for the publication: “A Summary Guide to Social Security and Supplemental Security Income Work Incentives for People with Disabilities.” Click here to go to a listing of Social Security offices in Westchester County. Also, since there is pending legislation regarding the liberalization of these work incentives, please click on to these web sites for up-to-date information. http://www.ssa.gov/disabilityresearch/siteindex.htm There is also a helpful web site that will assist you in determining whether you can be eligible for a “Pass Plan” which will assist you with work-related expenses. Please click on http://www.nls.org/pass-art.htm. What Are the Benefits?SSD benefits are cash payments to you or your family member based on computations of your average monthly earnings. After you go through a disability review determination and are deemed eligible, you will receive a “Certificate of Award” which explains how much your disability benefit will be and when payments start. It also shows when you can expect your condition to be reviewed to see if there has been any improvement. If family members are eligible, they will receive a separate notice and a booklet about things they need to know. Additionally you can be eligible for Medicare benefits. After you receive disability benefits for 24 months, you will be eligible for Medicare. You will get information about Medicare from Social Security several months before your coverage starts. When Do the Benefits Apply?The law provides that, under the SSD program, disability benefits for you cannot begin for 5 months after the established onset of the disability. The 5-month waiting period does not apply if you are a disabled child (under age 22) of an eligible SSD recipient. Social Security benefits are paid each month. The notice you received from Social Security telling you that your benefit application was approved also tells you when you will receive your monthly benefits. Generally, your benefit will arrive on the second, third or fourth Wednesday of the month, depending on the birthday of the worker on whose records you receive benefits. For example, if you receive benefits on your own earnings record as a disabled worker, your benefits will be determined by your birth date. If you receive benefits as a spouse of a retired or deceased worker, your benefit payment day will be determined by your spouse's birth date. Here is how it works:
Your disability benefits generally will continue for as long as your impairment has not medically or psychiatrically improved and you cannot work. They will not necessarily continue indefinitely. Because of advances in medical science, psychiatry and rehabilitation interventions, an increasing number of people with disabilities recover from serious accidents and medical and mental illnesses. Also, many individuals, through determination and effort, overcome serious conditions and return to work in spite of them. Social Security will review your case periodically to make sure you're still disabled. In addition, you are responsible for promptly reporting if your medical or psychiatric condition improves, if you believe that you can work or when you actually do return to work. How Do I Apply For the Benefit?You can apply at one of the following Social Security offices in Westchester County: 5 Stevens Avenue You can also call Social Security at 800-772-1213 for an appointment with a Social Security representative who will help you apply. You can speak to a service representative between the hours of 7:00 AM and 7:00 PM on business days. Parents or guardians can apply for blind or disabled children under 18. You should have the following things before you apply. Even if you don’t have all of the things listed, sign up anyway. The people at the Social Security office can help you get whatever is needed. Please bring:
Generally, application forms are filled out in your local Social Security Administration’s office. A personal interview is usually conducted, and the Social Security claims representative sends all the forms to the New York State Division of Disability Determinations. This is the state agency that does disability determinations for the federal Social Security Administration. If your initial application for benefits is denied, the New York State Division of Disability Determinations (DDD) will reconsider your application if you file an appeal. An appeal should be made within 60 days of a notice of denial. According to the New York State DDD, the average time for them to reconsider your claim is 45 days. If you are denied a second time, you can request an in-person hearing with a Federal Administrative Law Judge. Is There Any Cost To Me?There is no cost to receive Social Security Disability benefits. Depending on your circumstances, you may have to pay taxes on your Social Security benefits. For further information call your local Social Security office or call toll-free 800-772-1213 and ask for “What You Need To Know When You Get Disability Benefits” Publication No. 05-10153. Who Provides the Benefit?Social Security is a federal program supported by tax dollars. |