Thinking about applying for Social Security disability, anything I need to know?

[BF]

I'm having some health issues as some of you might be aware.....and it's been suggested to me that I apply for SS disability.  I'm sure that there's at least a couple of you guys that have already been down that road.  

Anything I need to know or any helpful tips before I trudge down the SSA office?  Any additional benefits from being a military veteran (I'm not retired, but a veteran)?

Working boat loads of overtime this week, so I don't know how much I can reply back to this thread, but please post away.  

btw....Don't know if it matters or not, but I'm still working full time and have no plans on quitting anytime soon....unless my health forces the issue. 

[samoanrich]

It was mention on this forum that when you sit down and talk with the SS Office you need to mention that you are a veteran of the Military. It was stated that you need to bring this up as they (ss) won't (You know big brother got your back), and of course have your dd 214 with ya. If I recall correctly it adds a couple hundred dollars to your check per month for your service. Good luck to ya.

[The emperor has no clothes]

He's talking about S.S. Disability not regular social security. BF the people that I've known in your situation who got it were out from work for a while before it kicked in.

[Jess from VA]

Bruce, I am no SSD expert, but if you are still working (with a certain mount of earnings), that may knock you out right there with no other/further consideration.

http://www.ssa.gov/planners/disability/dqualify5.html#&a0=0

If you are working in 2015 and your earnings average more than $1,090 a month, you generally cannot be considered disabled.

If you are not working, we will send your application to the Disability Determination Services office that will make the decision about your medical condition. (Steps 2-5

.....................................

"Disability" under Social Security is based on your inability to work. We consider you disabled under Social Security rules if:

   - You cannot do work that you did before;
   - We decide that you cannot adjust to other work because of your medical condition(s); and
   - Your disability has lasted or is expected to last for at least one year or to result in death.

This is a strict definition of disability.  Social Security program rules assume that working families have access to other resources to provide support during periods of short-term disabilities, including workers' compensation, insurance, savings and investments.

..............................

With SSD, to qualify you have to be (nearly) totally disabled from work (from one or more disabilities).  With VA, one or more disabilities will be evaluated individually (0-100%), and you will be paid for partial disability evaluations even if you are still working (but as you approach a combined 100 percent evaluation, the fact you are still working will limit a finding of permanent and total disability).  But for VA (unlike SSD), all disability has to be causally related to service, or other service connected disability (caused directly or secondarily, or aggravated (increased in severity) by some incident, injury, disease or exposure of military service).

I think the only thing military service would have to do with SSD is having sufficient employment quarters to qualify for SSD, and you probably already have that under your belt (long ago).

What I am thinking is that if your medical condition gets to the point that you can no longer work (either full time, or down below the income figure cited above) then that would be the time to apply for SSD.  If it looks like you are heading to a point where you cannot work (or will be limited to part-time work taking you below the income figure noted above), then getting an SSD application all together in advance of that point would be a good idea.  

I'm sure you know that with most employment, going down to very limited part-time can lose you your health insurance benefits.  

My expertise is VA, not SS, but if you want to contact me directly at any time to discuss this, or anything at all, send me a PM with a number and when you want me to call.  

[G-Man]

There have been a few other posts here regarding this over the years and I've heard from many others regarding this.  When a law abiding, tax paying, contributor to society finds themselves in the position where injury or illness stops them from working, the first time they apply they are pretty much automatically denied.  Not sure why, maybe has to do with what Jess posted.  Next step is to hire a lawyer which pretty much automatically gets it approved. 

Disclaimer;  Some of my best friends are lawyers.

But, I find this middleman practice terrible.  It's a waste of time and energy for someone who's stressed out enough.  Who knows, maybe it's their way of weeding out scammers.  If they really need it, they'll stick out the process and fork over a % to one of the boys. 

[Momz]

I am disabled and on SSD.
 
I was told by my doctors that I would never be able to do the types of work that I had done before my surgeries. I had PT and do go to a gym, but I will never be as strong or be as agile or have the physical stamina as before.

All of my doctors told me to apply for SSD and do not challenge the "Status Quo". It took about nine months to get approved, and I was awarded SSD as well as retroactive benefits.

To receive SSD you must not be able to perform your job/vocation do to physical or emotional disabilties.

[Jess from VA]

Gary, a lot of shysters make a pretty good living off a percentage of disabled people's benefits.  I personally could not and would not do that for a living.  (*People don't get paid extra money to cover attorney fees.)  After almost 20 years in VA, I could have made a very decent living working only part time from my home, but I will never do that work, and never take a percentage of a veteran's benefits.

My feeling on this is that attorneys principally get involved in proving that someone's disability(ies) is in fact bad enough to meet the threshold requirement of near or total unemployability.   They often have whore-doctors (a legal term) on call to help with this (who don't work for free either).  My feeling is, if you have cancer that cannot be cured or stuck in remission, and it gets bad enough you can't work (and will likely kill you sooner or later), you should not need an attorney (or have to give up a percentage of your benefits).

The part of the strategy I do not know the answer to, is whether you might be better off filing early and being denied, so you can reopen your case when you actually can no longer work, or whether you are better off waiting to file until you actually meet all the requirements up front.

Having poo-pood hiring an attorney, there is absolutely nothing wrong with the idea of getting your paperwork together and sitting down in front of one or more SSD specialists to see what he has to say about your case (for free with no consult fee).  Just don't sign the retainer agreement..... unless he convinces you that you need him to prevail, and it is in your best interest.

The way it should always work with an attorney is:  You never go down to hire one.  You go down to discuss your case with one, and if (and only if) you are then convinced he is competent, skilled, gives a crap about you and your case, and will push it forward with his best efforts (this is important, lots of guys are very good, but are so busy that your file stays in the file cabinet too long), and his fee/price is fair and reasonable, THEN you decide to hire him.  

Just think of it as buying a new or used car..... you go down perfectly willing to walk away if things are not exactly to your liking.  And whether you are in the market for an attorney or a used car, you always act a little dumber/innocenter than you really are and let them show their true colors..... ie you sandbag them.  Always resist the urge to be in any way confrontational during the fact finding part of the discussion, save it for the end of the discussion.      

[old2soon]

P M my brother-da prez-he's been there done that got the T-shirt!  I'll get hold of him on the L L and let him know what yer lookin at. Good luck with your quest. On just a "normal" retirement I laid the ground work 6 to 8 months before my retirement date. Got my final check from work and a week later my first S S check and my Doctor at the V A was ready to see me. RIDE SAFE.

[BF]

  - Your disability has lasted or is expected to last for at least one year or to result in death.

This is a strict definition of disability.

Bingo.  I'm not getting out of this alive.  I am terminal.  

I have another option....I turn 62 in September and can take partial benefits then.  My disability would be a little over 2 grand.....my retirement at 62 would be just over 1600.00.  

I have serious doubts that I'll make it to 66....although, I guess it's possible, but not likely.  

If I take the partial at 62, does working affect that check?  I make pretty good $$$ and I'm not ready to give that up just yet. 

[saddlesore]

 I have medical history that shows surgeries, physical therapy, time off of work etc.  After 35 years things got bad enough that I had no choice.
  My insurance from work goes so far then switches to long term disability insurance. When that ran out I got Cobra insurance (same insurance but I had to pay for it) that lasted for 18 months, then my SSI claim came through.
  It took two years without any income so have a stash ready. When SSI is approved you can get back payments.
   If you have a pension fund you may be able to start receiving pension payments also.
   I have a couple of annuities that stopped my payments and they make the payments every year and the annuities continue to grow.
   The SS judge asked if there was a light duty job or another job that you'd be able to do. I already tried that and also checked for courses in the tech collage.
   It's a long road living on the edge but when you have no more choices you do what you have to do.

[Jess from VA]

If I take the partial at 62, does working affect that check?  I make pretty good $$$ and I'm not ready to give that up just yet.

I'm sure it does, depending on employment income.  This should be easily discoverable on a SS website.

https://faq.ssa.gov/link/portal/34011/34019/Article/3739/What-happens-if-I-work-and-get-Social-Security-retirement-benefits

Bruce, I think you need to make a plan.  How long to continue working, and when to stop and then go all in for available benefits?  This may happen with or without your consent based purely on medial progress.  But you might decide to punch out before you are forced to (though waiting untill 62 is not a bad idea for obvious reasons).  Plan ahead, and start paperwork early.

Of course SSD is payable for can no longer work, not necessarily I just decided I don't want to work anymore.  

Retiring (early?) from your current employment on a medical basis (if available) might go a long way toward supporting an SSD claim.

You are also going to want to think about a durable power of attorney for the wife (and wills), and all planning necessary for the possibility of your disablement beyond an ability to act for yourself.  (sorry to mention this, but way too many people put these things off until too late, to their survivor's difficulty and detriment)

[TJ]

You can NOT work at all if you're on SSD...

I don't understand why ,If you are working full time with plenty of overtime why would you want SSD...
Not being a smart ass , just a ? from a real disabled person who wishes he could work....

[Rams]

  - Your disability has lasted or is expected to last for at least one year or to result in death.

This is a strict definition of disability.

Bingo.  I'm not getting out of this alive.  I am terminal.  

I have another option....I turn 62 in September and can take partial benefits then.  My disability would be a little over 2 grand.....my retirement at 62 would be just over 1600.00.  

I have serious doubts that I'll make it to 66....although, I guess it's possible, but not likely.  

If I take the partial at 62, does working affect that check?  I make pretty good $$$ and I'm not ready to give that up just yet.  

Yes, your income will be limited.   I turned 62 on 2 August, 2015.   I took early retirement and will receive my first SS check in the second week of September.    I am limited to earning a little over $1300 a month without effecting my SS check.   Now, if you can get your employer to pay you cash, then you're sitting good.  

Each year after this, the amount I can earn goes up a small amount until I reach the age of 65 or 66 (can't remember), at that point, you can make as much as you want without affecting your SS.   If you make more than you're supposed to prior to reaching that magic age, then the SSA will adjust your monthly SS payment at a rate of one dollar down for every two dollars you earn over the limit.

The numbers/dollars will probably be slightly different than mine based on your income over the last five (I think) years prior to retirement.    I could be wrong on the income/years ratio but, it's something close to that.

[The emperor has no clothes]

You can NOT work at all if you're on SSD...

I don't understand why ,If you are working full time with plenty of overtime why would you want SSD...
Not being a smart ass , just a ? from a real disabled person who wishes he could work....

I think he is just trying to plan for the future.

[Jess from VA]

I turned 62 on 2 August, 2015

Beat you by a few months, and just got my third SS payment.  After all those years of paying in, it's nice getting some back.  Happy Birthday.  It actually means something THIS year.   

[Rams]

I turned 62 on 2 August, 2015

Beat you by a few months, and just got my third SS payment.  After all those years of paying in, it's nice getting some back.  Happy Birthday.  It actually means something THIS year.  

Thanks.   Already bored though.    Fortunately, I had already made arrangements to go back to work part time after I burn up the last of the built up sick leave and vacation I already had on the books.    BTW, that sick leave and vacation income do count against the total amount I can earn without affecting my SS check.

Oh yeah, almost forgot, the SSA will not take taxes out of your SS check unless you request them to do so.    They will only take out the federal income tax, if your state has a state income tax, you're on your own.    Makes for some interesting book keeping and a saving plan.

[Michvalk]

When I applied I had been out of work for 15 months. I applied on the 24th of May, and got my first check on the first of August, with back pay out from six months. The first six months was covered by insurance. I never had any problems with SS, but did get a couple of calls from them for clarification on a couple of things on my app. I know many have problems but, I didn't.

[Momz]

You can NOT work at all if you're on SSD...

I don't understand why ,If you are working full time with plenty of overtime why would you want SSD...
Not being a smart ass , just a ? from a real disabled person who wishes he could work....

 

[BF]

You can NOT work at all if you're on SSD...

I don't understand why ,If you are working full time with plenty of overtime why would you want SSD...
Not being a smart ass , just a ? from a real disabled person who wishes he could work....

Because it was suggested that I do so by my oncologist's hospital administration.  Frankly,  I wish I could live to see retirement and wish for work instead of looking forward to dying....not trying to be a smart ass....from a real dying person who wishes he could live.

Under their recommendation that I do so, I'm trying to plan ahead and get whatever I'm entitled to while I'm still alive.

Maybe you can understand that not all of us get to live as long as you.

[saddlesore]

  Sorry to hear of a bad prognosis.  You might want to check into a leave of absence from your job.
Don't quit your job, that way you maintain your insurance benefits. Don't retire yet, if you're married your wife could collect your SS benefits. 
  My brother went through this and even left his tools at work as if he was going to be coming back to work.
  Get a will drawn up, a living will, and a medical treatment proxy.  Get a TOD (transfer on death)  addition to investments and insurance policies.
  I may have missed something earlier so please forgive me if I changed course here.
  Again, I'm sorry to hear of your prognosis.  Best of luck to you. 

[TJ]

You also need to remember that SSD is not the same as SS...

PS:  Not that much older then you but have been disabled for a very long time...

[BF]

You are also going to want to think about a durable power of attorney for the wife (and wills), and all planning necessary for the possibility of your disablement beyond an ability to act for yourself.  (sorry to mention this, but way too many people put these things off until too late, to their survivor's difficulty and detriment)

The wife and I already have an appointment set up with a lawyer for this very thing next week. 

Thanks ever so much for the advice Jess. 

[da prez]

 BF , A lawyer is the way to go. It must be a SS qualified lawyer. The consult should be free and take up to an hour. Write down your questions and do not allow him or her to avoid the answers.
 It is important to you to get all the answers. Find a second attorney and follow the same procedure. Do not tell either one of the other consultation.  You will get answers and be able to decide if you need an attorney. Some times an attorney will drag the claim out because they get a percent of the recovery.  Make an appointment at the SS office. Have all the info you need. They answered all my questions and did not give me any problems.   I have had good luck and filed my own claim. I was forced into retirement at 62 due to injuries on the job and rheumatoid arthritis. I had all my paper work in order and got my SSD . Each case is different. 

                                          da prez

[Stanc770]

I applied to SSD in 2005 due to Heart issues that has resulted in 10 Cardiac stents, denied twice and finally approved in 2008 with the help of an attorney, that by SSD rules was awarded $6000.00 of my retroactive payment. That is the current situation in the Atlanta,Ga region and I hear it often.
Have a good savings when applying as you are not allowed to have any income to receive SSD.
My wife went out a year later than me with 4 vertebras broken resulting in two fusions, internal pain pump and an internal spinal cord stimulator. She also took 3 years and an attorney. Very frustrating and arguably not right for those of us that paid into the system for so long, both in dollars and service to our country.
Good Luck!

[SpadMan87]

BF,  You can work a job and be on disability .... just not the same kind of work that disabled you. My father retired on disability as mechanic, then worked part-time at a bowling alley. Oh, and You are only allowed to earn so much according to the gubmint...

Bill 

[Stanc770]

Spadman you are exactly right, I was disabled while working for ITW and now I do Laser work, specializing in antique and Vintage Jewelry. Sometimes I even get the urge to make new items.
The point being, you can work but quite limited unless you want to relinquish part of your SSD.

[BF]

Had the appointment with the lawyer today.  That was satisfying as that took care of and is resolving a bunch of stuff that needed to get done.

Have set up an appointment with their SSA/SSD specialist guy they have out at the hospital where my oncologist is.  Though I'd start there since they're the ones that called me suggesting I do this in the first place.

We'll see how it goes from there.

I don't know if I have any benefit due me or not.  If I do, then I want to get what's mine.....since I've been working and paying into it since I was 15 years old.