Social Security Disability Law: News and Facts

What is more important is that you are treating with the right doctors and making sure your case is strong before you apply. To many people just file their case for social security disability hoping to win their case instead of properly preparing their case to win it.  To many people lose good cases because they do not understand how social security disability really works. They do not understand how their past work can affect their case. Many people file a case before they even know what is wrong with them medically. Social Security is not going to figure it out for you. You do not want to file if you still have a lot of testing to see what is wrong, you want that testing done first before you file. Social security will not guess what is wrong with you. It is your job to work with your doctors to figure that out and to do it before you file your case.  No matter which condition is the basis for your SSD application, your claim must contain ample medical documentation. Include...

Supplemental Security Income (SSI) payments do not automatically convert to Social Security Retirement benefits upon reaching retirement age. As we have discussed in prior blog posts, SSI is funded by general federal taxes while SSDI and Retirement are funded by payroll taxes. Unfortunately, not only do SSI payments not automatically convert to retirement payments, but the Social Security Administration (SSA) can essentially force you to apply for early retirement benefits at 62, instead of waiting for your full retirement age. This can happen if you did not qualify for SSDI benefits, but you did work enough years to qualify for a small retirement benefit. One of the requirements of continuing to receive SSI benefits is that you apply for any other cash benefits that are available, including retirement benefits. However, the good news is that you will be able to receive both retirement and SSI at the same time, so your overall monthly benefit amount will not decrease. If you are curren...

  SSDI benefits are dependent on how long you worked and what you paid into the Social Security system. When you applied for SSDI, your Primary Insurance Amount (PIA) was calculated based on your Average Indexed Monthly Earnings (AIME), so you are already collecting what you would normally receive for Social Security Retirement benefits and the switch happens automatically. If your spouse is receiving benefits based on your record, his/her benefits will also automatically convert. So when does it switch? Well, that will depend on when you were born: the table below can tell you when your Social Security Disability Income will change to Social Security Retirement. 1938 – 65 years and 2 months 1939 – 65 years and 4 months 1940 – 65 years and 6 months 1941 – 65 years and 8 months 1942 – 65 years and 10 months 1943 through 1954 – 66 years 1955 – 66 years and 2 months 1956 – 66 years and 4 months 1957 – 66 years and 6 months 1958 – 66 years and 8 months 1959 – 66 years and 10 months 196...