“What do I do if I got denied for social security disability?”
In Social Security Disability (SSDISocial Security Disability Insurance is a payroll tax-funded federal insurance program of the United States government. It is managed by the Social Security Administration and designed to provide income supplements to people who are physically restricted in their ability to be employed because of a notable disability.) and Supplemental Security Income (SSISSI stands for Supplemental Security Income. Social Security administers this program. We pay monthly benefits to people with limited income and resources who are disabled, blind, or age 65 or older. Blind or disabled children may also get SSI.) cases we often hear the question, “What do I do if I got denied?” We, here at Hoglund & Mrozik P.L.L.C. may be able to help you make the best decision for your situation. Depending on the many factors we might recommend one of two general courses of action, either appealing or refiling. There are important deadlines that need to be meet for appeals, so time is important. Many appeals for social security denials must be filed within 60 days of the prior denial. It is important to your claim to have the written decisions so you can find out the dates needed. To make sure you get any written decision you want to keep Social Security updated on your current mailing address so that they can send any written information to an address at which you have access.
There are other factors that go into evaluating whether to appeal or refile. Some of these factors deal with the eligibility rules for the different disability programs. There are two Social Security disability programs in general. Disability Insurance Benefits (DIB) for those who have a work history for which they can apply. The work history may be their own or it may be of a spouse depending on certain other factors. The other Social Security disability program is Supplemental Security Income (SSI) for those adults or minor age children so who have limited income and resources. While both programs provide benefits, they have slightly different non-medical related rules. The DIB program is based on work history, recent work credits and the taxes paid into social security out of each paycheck from when you were working. Part of that criteria is an eligibility rule called the Date Last Insured (DLI)[1] which is a date by which you have to be determined disabled under Social Security rules to be eligible for DIB. If you are found to be disabled after that date you will not be eligible for DIB benefits.
Under the SSI program there is no deadline by which you have to be found disabled to be eligible, but there are other rules about how much income and assets you may have. Under SSI the resources you have include cash, bank accounts, stocks, land, life insurance, vehicles or anything else which could be changed to cash and used for food or shelter. For a married couple a bank account with more than $3,000.00 will make you, at lest temporarily, not eligible for SSI. If there is income in the household, it could also affect whether you are eligible for SSI benefits.
It can be a confusing process, consult with an attorney for more information about social security disability and your potential benefits.
[1] RS 00301.148 Date Last Insured (DLI) under the Program Operations Manual System (POMS) found at https://secure.ssa.gov/apps10/poms.nsf/lnx/0300301148
