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Lund Law Carolina
Lund Law Carolina

Call Us Now For A Free Consultation

(704) 412-4773

What You Need To Know About Social Security Disability Claims?

What You Need To Know About Social Security Disability Claims?

There are multiple ways to lose access to your Social Security Disability benefits. Some of the most common ways this happens include:

  • Improvements to your health or underlying medical condition
  • Failure to cooperate when Social Security contacts you for review
  • Failing to provide the necessary medical or financial information in an appropriate time frame
  • Household income changes
  • And more…

What Benefits Can I Get Under Social Security Disability (SSD)?

There are several benefits you can receive under Social Security Disability:

  • A cash benefit;
  • Access to healthcare through Medicare or Medicaid;
  • Potential to preserve retirement benefits;
  • Dependent benefits;
  • Work incentives;
  • And more…

Additionally, there are programs which allows an individual to try to return to work and retain access to their disability benefits. These programs include taking advantage of a Trial Work Period or Social Security’s Ticket to Work!

Are There Any Disadvantages To Receiving Social Security Disability Benefits?

There are no direct disadvantages to receiving Social Security Disability Benefits. However, some of these benefits do have limits on household income.

To be able to continue to receive that benefit and the health coverage through Medicaid, the total amount of household income and resources has to be significantly limited.

Is There An Average Disability Payment That I Might Expect?

Under the SSI program in 2022, the maximum SSI benefit is $841 a month. Then, this amount adjusts down based on other sources of income. For example, a spouse’s income or income from work like a part-time job may cause the total benefit to decrease.

With Social Security Disability Insurance benefits, the average benefit in 2019 was around $1,234 (as of the last published numbers).

What Is The Difference Between SSDI And SSI In North Carolina?

In North Carolina, there is no medical distinction between disability under Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).

The difference between these two programs primarily comes down to how they pay out benefits. The SSDI program is based on what’s paid into Social Security. The SSI program benefit amounts are based on household income or resources.

If I Have Been Denied Social Security Disability Benefits In The Past, Could That Hurt My Chances For Approval When Filing A New Claim?

Being denied Social Security Disability Benefits in the past has the potential to impact your chances for approval in the future. It depends on what level the claim was previously denied.

For example, a prior decision from a judge can make it more difficult to get a claim approved.

The Albright vs. the Commissioner of Social Security ruling requires that future applications have to apply the prior judge’s ruling unless there’s been a showing that there was a change in condition or a new condition that Social Security hasn’t considered before.

Do I Need To Be Under A Doctor’s Care To Be Approved For Social Security Disability Benefits?

You aren’t required to be under a doctor’s care to receive SSDI benefits. However, it will be significantly more difficult to be approved if you’re not receiving medical treatment and if your doctors are not supportive of your claim for benefits.

Can I Work When I Am Applying Or Collecting Social Security Benefits?

You are allowed to work when collecting Social Security Benefits, but this makes your chances of getting approved more difficult.

  • If your work is under the Substantial Gainful Activity (SGA) limit, (which is $1,350 pre-tax for most individuals in 2022), you could receive benefits.
  • If you’re filing as a blind person and approved as blind under Social Security’s regulations, the SGA limit is $2,260 in 2022.

After the claim has been approved, there’s nothing that stops you from being able to work and have an income up to those limits.

After approval, you also have access to a trial work period. This is a 9-month period in which the individual receiving disability can continue to receive benefits and also have income even that exceeds the SGA level.

Does Education Or Work Experience Impact Eligibility For SSDI Benefits?

Education or work experience does not affect the payout potential of your claim. However, if you are older than 50, your education and work history could play a role in your eligibility.

For example, a person with limited education or a history of more physically demanding work may be approved for disability even if they’re capable of performing other types of work.

How Often Is Someone Reviewed By Social Security?

There is no set review schedule for SSDI claims. Some files are marked for expected medical improvement and could be reviewed within a year or two of approval. Some files are marked as medical improvement not being expected and may never be reviewed.

Will I Have To Pay Taxes On My Disability?

Whether you have to pay taxes on your SSDI benefits will depend on your household income.

As a general rule, you can pay tax on up to 85% of Social Security disability benefits. The more specific breakdowns look something like this:

  • As a single person, combined income between 25,000 and $34,000 may be subject to taxes on 50% of the Social Security Disability benefit.
  • If a single person’s combined income is more than $34,000, up to 85% of the benefits may be taxable.
  • If a single person’s combined income is less than $25,000, the benefits should be tax-free.
  • If you’re filing a joint return, combined income between $32,000 and $44,000 may be subject to taxes on 50% of the Social Security Disability benefit.
  • If a joint filer’s combined income is more than $44,000, up to 85% of the benefits may be taxable.
  • If a joint filer’s combined income is less than $32,000, the benefits should be tax-free.

How Long Will My Social Security Disability Benefits Last?

Your SSDI benefits will either last up to full retirement age or up to the point where you experience medical improvement that allows for a return to work.

For more information on Social Security Disability Benefits, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (704) 412-4773 today.

Lund Law Carolina

Call Us Now For A Free Consultation
(704) 412-4773

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