The Mike Kelly Law Group, LLC is a plaintiff’s firm assisting the citizens of South Carolina in multiple areas of the law including Personal Injury, Insurance Bad Faith, Consumer Law, Workers’ Compensation, and Professional Licensure Defense. A major portion of our practice is dedicated to helping individuals obtain Social Security Disability Benefits. The process for applying for Social Security Disability Benefits can be confusing and frustrating. Hopefully this article will provide you with some basic information to help you get started.
There are two basic types of benefits a disabled individual may be entitled to: Title II of the Social Security Act also know as Disability Insurance Benefits and Title XVI of the Social Security Act also known as Supplemental Security Income. Disability Insurance Benefits (DIB) is based upon an individual’s past earnings or the FICA tax withheld from wages. A surviving spouse and disabled children may also be eligible for DIB based upon the earnings of a deceased spouse or parent. Supplemental Security Income (SSI) is a public assistance program for the elderly, disabled and blind that is based upon financial need. An individual would have to be deemed eligible for one or both benefits before a determination of disability can be made.
To be considered for DIB, an individual must be “fully insured” or have 40 quarters of coverage or at least 10 years of credited earnings. An individual who becomes disabled prior to age 31 needs coverage for 20 quarters starting with the quarter after his or her 21st birthday through the onset of the disability. Those individuals must be “currently insured” or have 6 quarters of coverage out of the 13 quarters period ending in the quarter in which disability began. An individual remains insured for disability purposes for up to five years after the quarter in which he or she last worked. If the disability began after the date last insured, the individual would not be eligible for DIB but could possibly be eligible for SSI.
To be considered for SSI benefits, the Social Security Administration considers your household income and resources. Income includes cash, checks and other things of monetary value. Included under the Social Security Administration’s definition of income are wages from you or your spouse, net earnings from self employment, the value of food and shelter that someone gives you, VA benefits, retirement benefits, DIB/Title II benefits, gifts and contributions, support and alimony payments, inheritances, proceeds from life insurance policies and rental income. Among the things excluded from income are social services, medical care and services, income tax refunds, proceeds of a loan, bills paid by someone else for things other than food/clothing or shelter. A single person must have less than $2,000 worth of resources. A couple can have not more than $3,000 worth of resources. Resources include cash, checking and savings accounts, certificates of deposit and stocks and US Savings Bonds. The Social Security Administration does not count your home and the land that it is on as a resource if it is your primary residence. Depending on the value and how they are used, they do not count household goods, personal property and a car. Life insurance and burial funds are also excluded as long as the value is less than $1,500.
Once you are deemed eligible for benefits, the disability evaluation process can begin. You can apply for benefits by contacting the Social Security Administration at www.socialsecurity.gov or toll-free at 1-800-772-1213. If you receive a denial for benefits, you must file an appeal within 60 days. Your application must be denied twice before the claim can be heard by an administrative law judge. If you have questions about Social Security Disability or any other personal injury matter, please feel free to contact us at the Mike Kelly Law Group at 1-803-726-0123 or 1-866-692-0123. We will be happy to answer any questions you may have about the process.