Social security disability is designed to provide financial assistance to those individuals who meet the definition of disabled and who are no longer able to work. There are two different programs. SSI or supplemental security income is available to individuals who are over age 65, blind or disabled and cannot work and who do not have the necessary financial means to provide certain necessities as well as limited assets and resources. The good thing about this program is that you do not have to have worked in order to qualify. If you have not worked long enough, or recently enough, SSI may be the right social security disability program for you and your family. This post is here to give you more information on the second type of social security disability, SSD.

SSD is aimed at individuals who have a work record and who have contributed to social security through paychecks from employers. In order to qualify for this program you need to meet two criteria. You have to have the requisite amount of work credits and you must also meet the Social Security Administration’s definition of disability.

The term disabled as defined by the Social Security Administration is a term of art and has an explicit definition. Disability is defined as an inability to engage in any substantial gainful activity by way of any medically determinable mental or physical impairment which is expected to result in death or which has lasted or can be expected to last for a continuous period of not less than one year. Social security disability is set up for those who cannot do their past work as a result of a mental or physical impairment considering age, education, and work experience to determine if this individual can engage in any substantial gainful activity that exists in the national economy, i.e. work that exists in significant numbers. If you meet this definition then you have overcome the first hurdle in winning SSD benefits.

The next hurdle deals with the amount of work credits, or quarters of coverage necessary to qualify for SSD. Whether you know it or not, each time you receive a paycheck a portion of our money goes into the social security fund. In order to get that money you have contributed, you must have worked long enough and recently enough. The general rule of thumb for a typical social security claimant is five out of the past ten years before becoming disabled. This is the general rule and will be a good starting point for most individuals. There are different rules for claimants who become disabled at younger ages, but that can be reserved for another post. If you have enough credits and you are disabled, you would be eligible to receive monthly social security benefits.

The good news for those individuals who are disabled and exceed the income and asset levels allowable for an SSI claim, SSD does not take into consideration income, assets, or resources owned by a claimant. If you are disabled, and you have enough work credits, you will receive SSD monthly benefits.

To find out more about the types of programs available you can check out the Social Security Administration’s website, or you can browse around on this site. While these two sources are great starting points, the best place to get the most current information is to contact a social security disability attorney.

Social security disability is designed to provide financial assistance to those individuals who meet the definition of disabled and who are no longer able to work. There are two different programs. SSD is aimed at individuals who have a work record and who have contributed to social security through paychecks from employers. This post is here to give you more information on the second type of social security disability, SSI.

SSI or supplemental security income is available to individuals who are over age 65, blind or disabled and cannot work and who do not have the necessary financial means to provide certain necessities as well as limited assets and resources. The good thing about this program is that you do not have to have worked in order to qualify, like you would for SSD. If you have not worked long enough, or recently enough, SSI may be the right social security disability program for you and your family.

In order to be eligible for SSI an individual must not exceed the allowable income amount per month. With that said, what counts as income in the eyes of the Social Security Administration? The following list includes the type of income counted in an SSI consideration: earned income such as wages and salary, unearned income such as unemployment benefits, pensions, state disability, money from friends, etc, food or shelter that you get for free or less than fair market value, and deemed income such as a spouse’s income or parents whom you live with. If you are bringing in any type of money that fits into one of the above categories then if you are awarded SSI benefits your monthly check may be reduced by the income you are receiving. While this above list is not exhaustive, it is a good place to start.

The good news, there are several types of income that are excluded from the calculation of SSI benefits. The following list includes some types of income that are not counted against you and your family, small amount of irregular or random money collected from a job, food stamps, food and shelter provided by a non-profit agency, income tax refunds, loans that you have to repay, certain portions of your wages per month, certain amounts for students per month, gifts of clothing, etc.

So how does the Social Security Administration calculate your SSI benefits each month. There is a two step process. First they take the total amount of income you are bringing in each month (see above list of income). They then subtract that amount by income that is excluded per month (see above list for examples). Once they have that figure they will then subtract this figure by the SSI Federal Benefit rate (currently $579) to arrive at your monthly benefits. This may seem confusing at first, but if you sit down and look at you individual situation, or sit down with a social security disability lawyer who is familiar with these steps, you will find the process is not as difficult as you might think.

If you recall we mentioned that in addition to not exceeding the allowable income amount, you cannot exceed the allowable resource amount either. So what are resources? Anything you own! Cars, stocks, bonds, plates, clothes, homes, toys, land, insurance policies, etc are all examples of resources. Currently the amount of resources allowed for an individual is $2000 and the amount of resources allowed for a couple is $3000, anything above these two figures respectively may penalize an SSI claimant.

Just like exemptions in a typical bankruptcy case (items you get to keep), there are several items of resources that are not counted against you in regard to your SSI calculation. The following is a list of some of these items: you home and the land it is on, you personal effects (clothes, shoes, etc), household goods, one engagement and wedding ring, one vehicle if it is used to get to and from work as well as seek medical attention, burial plots, certain life insurance policies not exceeding $1500, etc.

Hopefully this post gives you a better understanding of the SSI program or supplemental security income. Please note that this post is designed to give you an idea of the types of items and issues that may arise in a typical SSI claim. This post should not be considered the end of you research. If after reading this you want to learn more, or you are just plain confused with how all of this affects you and your family please contact an experienced social security disability attorney.

When I write these posts I sometimes forget that a lot of people do not even know if they have a valid claim, have no idea what options are availble to them if they are disabled, and simply just do not have the slightest idea what social security disability is designed to do. With that said, this post will give you some of the basics in regard to social security disability.

Social Security disability is designed to provide financial assistance to those individuals who are “disabled”. The term disabled as defined by the Social Security Administration is a term of art and has an explicit definition. Disability is defined as an inability to engage in any substantial gainful activity by way of any medically determinable mental or physical impairment which is expected to result in death or which has lasted or can be expected to last for a continuous period of not less than one year. Social security disability is set up for those who cannot do their past work as a result of a mental or physical impairment considering age, education, and work experience to determine if this individual can engage in any substantial gainful activity that exists in the national economy, i.e. work that exists in significant numbers.

There are two types of programs afforded to assist those whom meet the above definition of disabled: Social security disability (SSD) and supplemental security income (SSI). In order to qualify for SSD, a claimant must meet the above definition of disabled and also have enough quarters of coverage, or work credits. Whether you know it or not, each time you receive a paycheck a portion of our money goes into the social security fund. In order to get that money you have contributed, you must have worked long enough and recently enough. The general rule of thumb for a typical social security claimant is five out of the past ten years before becoming disabled. This is the general rule and will be a good starting point for most individuals. There are different rules for claimants who become disabled at younger ages, but that can be reserved for another post. If you have enough credits and you are disabled, you would be eligible to receive monthly social security benefits.

Supplemental security income or SSI is quite different from SSD. An individual must be disabled as well as not exceed certain income, asset, or resource levels. This money comes from the general social security fund. How do you know if you exceed the allowable amount of resources? You can visit the Social Security Administration’s website at www.ssa.gov/disability/ or you can talk to a qualified social security disability lawyer. But note there are several items that are excluded from this calculation, most significantly your home and one vehicle if that car or truck is used for work or getting medical treatment.

While there are several other differences, this is the main difference between the two programs. If you have other questions you might want to do some research on the internet or talk to a social security disability attorney.

This post is designed to give you some comfort in regard to your SSD claim or your SSI claim. If you are denied at the application stage or the reconsideration stage of the social security process do not get discouraged. The vast majority of claimants are denied at these two stages. There are several possible reasons why this has happened to you, but they are not important in the grand scheme of you claim. Typically those claimants that are denied at these two stages wind up with a successful claim once they reach the hearing stage and present their case before an Administrative law judge (ALJ). The only thing you do need to be made aware is the 60 day deadline to appeal. If you are denied at the first two stages you have 60 days to appeal an unfavorable decision. If you miss this deadline your only recourse is to come up with a good reason why you missed the deadline or file a new claim. Missing the deadline will make this often long process even lengthier.

If you do find yourself at the hearing stage of your claim and you have not retained a social security disability lawyer, now is the time to think about having an attorney help you with your claim. The hearing is similar to a mini trial. However there are a few significant differences. The social security hearing is an informal process designed to determine if you are eligible to receive benefits. There are no formal evidence rules, no pleading requirements, and there is not even an attorney on behalf of the government. While this sounds easy enough, it can be difficult for an individual who has not been to one to know what to expect and know how to organize their case in a light most favorable to receiving benefits. An experienced social security disability attorney is invaluable at this stage, not only that you will not pay your attorney anything unless you do receive benefits.

Good luck with your claim, and remember the hardest part about this process is patiently waiting and to not get discouraged if you receive an unfavorable decision.

Part of the 41 percent benefit increase Social Security implemented for 2006 is the Student Earned Income Exclusion for SSI.

The maximum amount a blind or disabled child who is a college, university or technical school student can earn now is $1,410.00 per month, but not more than $5,670.00 for 2005.

In 2006, the Student Earned Income Exclusion will increase to $1,460 per month, but not more than $5,910 for 2006.

These earnings will not be counted against his or her Supplemental Security Income Benefits.

Many claimants do not know where to begin in regard to a social security disability claim. When I say “claim” I am referring to the two types of disability programs available. SSD which is similar to an insurance plan, in that you must have worked long enough and recently enough as well as meet the SSA’s definition of disabled to qualify, and SSI which is the general social security fund aimed at helping claimants who are disabled but do not have the requisite amount of work credits, but have few assets, resources and income. While you may not be qualified for both, it is rare, if you are disabled, that you would not qualify for either of the two programs.

So where do you begin? Well first things first you need to have a little understanding of the SSA’s definition of disabled. According to the Social Security Administration disabled is defined as the inability to engage in any substantial gainful activity (work) due to any medically determinable physical or mental impairment which may result in death or has lasted for twelve months or can be expected to last continuously for at least twelve months. If after reading this definition you feel you are disabled then SSD or SSI may be an option for you.

The application process is quite simple. You can apply online through the Social Security Administration’s website at www.ssa.gov/disability/ The website is very easy to navigate. There is an application button on the left hand column of the page. Click on that link and follow the step by step instructions. If you are “computer challenged” like me you can also apply the old fashioned way. The SSA’s toll free phone number is 1-800-772-1213. You can apply over the phone or you can set up an interview time to go to your local social security office.

The process itself can take a long time. The Social Security Administration is currently working on ways to expedite the process, but as it stands right now the first two phases of a typical claim can take between 3-5 months and the hearing stage can take between 12-18 months. So you see the longer you delay in applying the longer you make this already long process. Once you apply the Social Security Administration is good at keeping you informed as to the status of your claim. If you are denied at any stage you have 60 days to appeal the denial. If you miss this deadline you start the process from square one.

Do you need an attorney to file for disability? No. A social security disability lawyer makes the process easier on you. You attorney will file all the necessary documents, obtain medical records and doctor source statements and basically handle all the leg work. Not to mention social security disability attorneys are much more successful in receiving benefits than you would be on your own. Unless you have a slam dunk claim, I would highly recommend you think about having an attorney handle your case.

The toughest part of this whole process is the waiting. If you have a legitimate claim and have a social security disability attorney handling your case all you will need is patience. You attorney will do the rest.

Many claimants are concerned about their child receiving benefits based on their insured status or their spouse’s status. Can children who are not disabled receive benefits? The answer to this question is yes, with a few requirements. A child who is under age 18, a full time student in school, or the child is an adult who was disabled before age 22 may receive benefits provided one of their parents qualify for SS disability.

There are three ways a child may receive disability benefits: (1) a child under 18 receives benefits based on the insured status of a parent or deceased parent, (2) SSDI benefits for an adult who has been disabled since childhood, that is before age 22, and (3) SSI benefits based on either their parent’s information or upon turning 21 receiving SSI because of their own disability.

Once a child does in fact receive benefits, those benefits do not last forever. A child that is currently receiving SSDI may have those benefits stopped if they turn 18, drop out of school, change schools, goes from full-time status to part-time status, is expelled or suspended, is paid by an employer for attending school, gets married, or joins the workforce. Any one of these reasons in this list may prevent your child from receiving benefits.