SSD attorney sitting with client in wheel chair

4 Things You Should Never Say to Disability Doctors

When you apply for Social Security disability benefits, Social Security will require you to schedule a consultative exam. The doctor who provides this exam is supposed to give an unbiased opinion about whether you qualify. 

However, many of these doctors want to continue to receive referrals from Social Security, possibly making them biased against you. Be wary about what you say because you can’t necessarily trust these disability doctors to be unbiased.

1. Never Be Deceptive About Your Condition

Many people will downplay their symptoms when describing their condition. They may do this to keep up appearances or because they’ve learned to downplay their health to fit in socially. 

Whatever reason you might have to minimize your symptoms, this is the absolute worst thing you can do. You need to explain everything you feel and be clear about how it limits your activity.

Conversely, don’t be tempted to exaggerate your condition. Disability doctors are well trained at ferreting out false symptoms or exaggerated conditions. And once they detect a lie, they will be suspicious of anything else you say. Your disability doctor must also inform Social Security if they catch you in any lies.

2. Do Not Reveal that You Have Ignored Doctor’s Orders

Not all treatments work. And sometimes, a prescribed treatment will aggravate a condition rather than mitigate it. When that happens, you are perfectly within your rights to ignore your doctor’s orders — especially if you aren’t able to get new instructions quickly.

However, this is something you never want to tell a disability doctor. Suppose your disability doctor becomes aware that you are ignoring your doctor’s orders. That information will be relayed to Social Security and will be used against you in any disability determination.

3. Avoid Discussing Non-Medical Information with a Disability Doctor

At some point, the Social Security agency will probably delve into your finances, history, and current living arrangements. But this is not information a disability doctor needs to know. 

Your disability doctor should not be asking you questions about personal topics not directly related to your disability. And if they are, politely refuse to answer and redirect them back to the exam.

Similarly, try not to reveal limiting aspects of your living arrangement due to your disability. 

For example, you shouldn’t tell the disability doctor that your condition prevents you from climbing the stairs in your home or that you’re exhausted by climbing the stairs in your home. 

The doctor may note that you could resolve your condition by moving to a new location. Instead, just say that your condition makes it difficult or impossible to climb stairs.

4. Do Not Threaten to Contact a Lawyer

Some disability doctors are not subtle about being biased against you. They may ask very aggressive questions or be obvious about the fact that they doubt the truth of your statements. 

If this happens, you might be tempted to threaten to get a lawyer. Don’t do this. This will only make the disability doctor more antagonistic and might create animosity where none exists.

Instead, if you suspect unfair treatment by a disability doctor, the best option is to simply take careful note of everything they do and say. Remain calm, cordial, and honest, but pay close attention. 

Once the exam is over, immediately contact an Arizona Social Security disability attorney, like the team at Roeschke Law, LLC in Tempe, AZ. A social security disability lawyer can use the information you carefully recorded to impeach the opinion of the disability doctor and appeal a negative decision by Social Security.

social security disability claim

Denied Social Security Disability Benefits? Here Are Your Next Steps

According to the Social Security Administration (SSA), over 70% of applications for Social Security disability benefits are denied every year. What you might not realize, however, is that denial does not necessarily have to end your claim.

SSA provides options for reversing a denial. Through these procedures, you can present new medical evidence and argue against incorrect applications of the law.

Here is some information about your next steps after SSA has denied your claim for Social Security disability benefits.

Grounds for Denial of Disability Benefits

SSA divides denials into two categories. Technical denials happen when SSA has found a problem in your claim. Medical denials happen when SSA does not believe your disability qualifies for benefits.

If you received a technical denial, it means that SSA never reviewed your medical records. Instead, it denied your claim based on a problem with your claim or work history.

If you received a medical denial, SSA reviewed your medical records but found:

  • Insufficient documentation of your disability
  • Your illness or condition did not fit into one of SSA’s listings
  • Your disability does not prevent you from working or training

SSA could issue a medical denial if your doctor failed to conduct one of the tests SSA expects for your condition. Similarly, SSA could issue a medical denial if you worked or earned more than SSA allows. This would show that your condition or illness did not interfere with your ability to work.

Technical denials make up over 37% of denials. This means that you can substantially improve your chances of having your claim accepted if you can avoid technical problems with your claim.

If you can get past the technical review, SSA approves 51% of disability claims. In 2019 — the most recent year reported — SSA approved 529,599 claims for disability benefits.

Next Steps After a Denial

If SSA denies your claim, you have several ways to have your claim reviewed.

Request for Reconsideration

First, you can request reconsideration of your claim. You must request reconsideration within 60 days of the decision to deny your claim.

Reconsideration takes place at the same level as the initial decision. A different disability examiner will review your application and accept or deny the claim. You can submit new medical evidence or correct problems in your claim when you request reconsideration.

In 2019, SSA permitted 12.8% of the claims for which applicants requested reconsideration. But bear in mind that because of the massive number of claims received every year, SSA only allowed 39,612 claims to move forward with reconsideration.

Appeal and Hearing

If you do not receive an allowance for reconsideration, you can file an appeal. An appeal moves one level up from the disability examiners to an administrative law judge (ALJ).

ALJs are usually lawyers trained in Social Security and disability law. Before your hearing, you can submit new medical evidence or make legal arguments against the grounds for denial.

In 2019, ALJs allowed 54.5% of claims that were previously denied. This extraordinarily high rate means that you have a fair chance of getting disability benefits, even if you’ve had two prior denials.

Higher-Level Appeals

If an ALJ denies your claim, you can seek a higher-level review. You can request a review by the Appeals Council. However, you cannot submit new evidence to the Appeals Council. Instead, your request must usually cite a legal error by the disability examiner and ALJ.

The Appeals Council does not accept every case for review. If the Appeals Council accepts a case for review, it can uphold, modify, or reverse the ALJ’s decision. The Appeals Council can also vacate the ALJ’s decision and send it back to the ALJ for a new hearing and decision.

If the Appeals Council denies review or upholds the rejection of your claim, your last option is to file a lawsuit in federal court. Federal court judges must defer to the denial if it is supported by substantial evidence. 

As a result, judges can reverse denials if the ALJ committed a legal error or the record lacked substantial evidence to support the ALJ’s decision.

The Role of the Disability Lawyer

A disability lawyer can prepare your claim so you reduce the risk of a technical denial. This can substantially improve your chances of acceptance. A disability lawyer can also prepare the evidence needed to fight a medical denial during reconsideration or appeal.

To discuss how a disability lawyer from Roeschke Law, LLC can help you after your claim denial, contact us to schedule a consultation today.

Disabled woman with crutches

What Happens If an Original Work Injury Leads to a Second Injury?

Many issues surrounding your Social Security Disability Insurance (SSDI) benefits arise when one injury leads to another. If this happens, you may have concerns about whether you can still get benefits. If you already receive benefits, you might wonder whether you need to reapply with a new injury.

You might also receive compensation for your second injury. You may not know whether to report this compensation to the Social Security Administration (SSA) or how it may affect your SSDI benefits.

With these factors in mind, here is some information about what can happen if you suffer a second injury after an original work injury.

Eligibility for Social Security Benefits

To receive SSDI benefits, you must meet certain qualifications. You must:

  • Work long enough and recently enough to have paid into the Social Security system
  • Have an illness or injury expected to last at least a year or lead to your death
  • Suffer a resulting impairment that prevents you from continuing to work or training for new work

SSA does not restrict benefits to those who suffered a work injury. Any long-term disability that prevents you from working or training will qualify. 

For example, cancer can lead you to become eligible for SSDI benefits, regardless of the cause of your illness.

How to Handle a Second Injury After an Original Injury

Frequently, one injury will cause another. For example, weakness in your legs from spinal stenosis could cause you to fall and suffer a traumatic brain injury. Your chemotherapy treatment could cause peripheral neuropathy.

How you handle the second injury depends on whether you already receive SSDI benefits or become eligible for SSDI benefits based on the second injury.

If You Already Receive SSDI Benefits

If you already get SSDI when you sustain the second injury, your benefits will not change. Your first injury already qualified as a disabling condition and sustaining a second injury will not change that fact.

SSA requires you to report all changes in your medical condition. You should report the second injury to:

  • Satisfy your reporting requirement
  • Create a record of the second injury in case it worsens
  • Preserve the possibility of extending your SSDI benefits

The last point is important. Suppose that your second injury provides an independent ground for meeting the SSDI eligibility requirements. If your original injury improves, you can continue to receive SSDI benefits until the second injury also improves.

You could go even further than simply reporting your second injury. SSA allows you to reapply for SSDI benefits while you are currently receiving SSDI.

If your second injury qualifies as disabling, you should consider reapplying. SSA can reapprove your SSDI benefits for both your original condition and your new condition. That way, if the first condition improves, you continue to qualify for SSDI with the later condition.

If You Do Not Yet Receive SSDI Benefits

If you were not receiving SSDI benefits when you sustained your second injury, you might qualify as a result of your second injury. When an applicant suffers from multiple disabilities, SSA evaluates them based on the cumulative effect of all of the impairments they face.

This means that you could receive SSDI benefits with two injuries if:

  • The original injury qualifies and the second does not
  • The second injury qualifies and the original does not
  • Both injuries qualify independently
  • The cumulative effect of the two injuries leads to eligibility

The only way you would not receive benefits is if the original injury, second injury, and cumulative effect all fail to qualify. You should speak to a lawyer about applying for SSDI benefits after sustaining a second injury for this very reason.

How SSA Will View Compensation for Your Injuries

SSA can reduce your SSDI benefits when you sustain a second injury and receive compensation for it.

Suppose that you sustained the second injury at work and received workers’ compensation for it. SSA cannot pay benefits if the total compensation you receive exceeds 80% of your average earnings. 

If your workers’ comp plus your SSDI exceeds this limit, SSA will cut your SSDI payments.

However, some compensation does not count toward your limit. If you received a personal injury settlement for your second injury, your SSDI benefits will continue unchanged.

Getting Help from a Disability Attorney

A second injury can raise some complicated issues surrounding your SSDI benefits. To discuss how your second injury might affect your eligibility or the amount you receive, contact an experienced disability attorney at Roeschke Law, LLC to schedule a consultation.

social security disability claim

New Conditions Included in the SSA Compassionate Allowance Program

Applications for Social Security disability benefits can take years to wind their way through the system. All the while, applicants suffer from debilitating medical conditions. In addition to what can be chronic pain and discomfort, this benefit applicants also often struggle with loss of income due to the inability to retain gainful work. The stress of such resulting financial strain can be severe. Under certain circumstances, some claimants can put their application on a fast track to approval through the Social Security Administration’s (SSA) Compassionate Allowance program, which has been recently expanded to include even more medical conditions.

New Conditions Included in the SSA Compassionate Allowance Program

Former SSA Commissioner Michael Astrue instituted the Compassionate Allowance program back in 2007. The program was established to help clear through the backlog of cases in the Social Security disability system which was reaching upwards into the thousands. Those in this backlog had often been waiting up to two years to receive a determination or hearing on their applications.

The Compassionate Allowance program is essentially an expedited application process for benefit applicants who have special circumstances. Those suffering from certain conditions can receive benefits assistance in a much more timely manner considering the normal route can be quite lengthy. While a significant portion of the conditions listed as qualifying for the Compassionate Allowance program are rare diseases, some are more common. The list of qualifying conditions has been developed by members of the medical community as well as members of the scientific community. In fact, members of the public are able to suggest conditions that should be added to the list.

Conditions included in the Compassionate Allowance list are considered to not only be serious but difficult to live with. Many of the listed conditions are considered to be terminal illnesses. Part of the justification for including a condition on the Compassionate Allowance list is that these are medical conditions that are very likely to lead to a claimant’s application being approved for benefits.

While the Compassionate Allowance provides a faster, more streamlined application process, there is a process to comply with, nonetheless. You must present evidence of certain facts, particularly relating to your diagnosis of a condition on the Compassionate Allowance list. You will still need to fill out all required paperwork properly and completely as well.

Previously, the list of conditions qualifying for the Compassionate Allowance program sat at 254 conditions. The Acting Commissioner of the SSA, Kilol Kijakazi, however, announced back in August of 20221 that 12 new conditions would be added to the list. The 12 newly listed conditions are:

  • Charlevoix Saguenay Spastic Ataxia (ARSACS)
  • Choroid Plexus Carcinoma
  • CIC-rearranged Sarcoma
  • Congenital Zika Syndrome
  • Desmoplastic Mesothelioma
  • Duchenne Muscular Dystrophy – Adult
  • Pericardial Mesothelioma
  • Refractory Hodgkin Lymphoma
  • Renpenning Syndrome
  • SCN8A Related Epilepsy with Encephalopathy
  • SYNGAP1-related NSIA
  • Taybi-Linder Syndrome

Arizona Social Security Disability Attorney

Do you think you may qualify for the Compassionate Allowance program? Talk to the knowledgeable team at Roeschke Law about your options. Contact us today.

woman with fibromyalgia

Qualifying for Social Security Disability Benefits with Fibromyalgia

Fibromyalgia may be difficult to diagnose, but this disease is very real and the impact it can have on an individual can be truly debilitating. For those suffering from fibromyalgia, maintaining steady, gainful employment may not be possible. These individuals may seek financial support in the form of Social Security disability benefits. With fibromyalgia proving so difficult to diagnose, however, qualifying for benefits may be an uphill, but not impossible, battle.

Qualifying for Social Security Disability Benefits with Fibromyalgia

Fibromyalgia symptoms can closely mirror those of other diseases. Additionally, proper diagnostic testing for fibromyalgia is not always conducted. To compound the difficulty of diagnosing fibromyalgia, there are many self-reported symptoms that are not always visible to those other than the individual suffering from the condition. All of this is to say that insurance companies and those government agencies tasked with distributing disability benefits can view claimants suffering from fibromyalgia with great trepidation.

While difficult, it is still possible to qualify for Social Security disability benefits if you have fibromyalgia. The Social Security Administration (SSA) will want to evaluate your medical condition to see if it equals one of its listings of qualifying medical impairments. If you have a medically determinable impairment and your medical condition prevents you from working in a substantial gainful activity job, you may qualify for benefits.

Because fibromyalgia can be so commonly misunderstood by those in the Disability Adjudication Services office as well as administrative law judges in the Office of Disability Adjudication and Review, the SSA issued Social Security Ruling (SSR) 12-2p to shed light on fibromyalgia as a disabling condition. The ruling defines fibromyalgia as pain in the joints, muscles, tendons, or nearby soft tissue that has persisted for a minimum of 3 months. The ruling requires that for fibromyalgia to be considered a medically determinable impairment, there must be evidence of diffuse chronic muscle pain impacting four quadrants of the body in addition to the spine.

In order to test for fibromyalgia, medical professionals may apply standard pressure to 18 tender points on the body. Should 11 or more tender points to both the right and left side of the body in addition to above the waist yield pain when standard pressure is applied, then a fibromyalgia diagnosis can be issued. SSR 12-2p states that a claimant must not only have a history of diffuse chronic pain but also exhibit six or more repeated fibromyalgia symptoms which may include:

  • Chronic fatigue syndrome
  • Poor restorative sleep
  • Difficulty concentrating
  • Anxiety
  • Depression
  • Temporal-mandibular joint dysfunction (TMD)
  • Chronic migraines or tension headaches
  • Chest pain
  • Nausea
  • Loss or change in taste
  • Irritable bowel syndrome
  • Irritable bladder

Furthermore, SSR 12-2p requires other disorders which may lead to similar symptoms manifesting themselves to be excluded. Adjudicators must take into account the opinions of treating doctors of the claimant as well as other acceptable medical sources including psychologists and psychologists. Additionally, family members and others who know the claimant may make statements that could be informative regarding the establishment of a claimant’s fibromyalgia diagnosis.

Arizona Socal Security Disability Attorney

If you suffer from fibromyalgia and wish to apply for Social Security disability benefits, do not delay in reaching out to Roeschke Law for assistance. We can help you navigate the process, comply with application requirements, and help present the strongest possible case for benefits. Contact us today.

disabled child being fitted for hearing aid

Is Your Child Entitled to SSI Child Disability Benefits?

In some cases, children can be entitled to SSI Child Disability benefits. Should your child qualify and be awarded SSI benefits, then you must set up a separate bank account that is in both your name and your child’s name. SSI back pay is only to be used for things for your child. Let’s talk about more on how you can find out whether your child may be entitled to SSI Child Disability benefits or not.

Is Your Child Entitled to SSI Child Disability Benefits?

The SSA will ask a number of questions to determine whether your child is entitled to SSI child disability benefits. First, it will need to be determined whether your child is engaging in substantially gainful activity. In 2021, this would mean that your child was earning $1,310 or more per month. If this is the case, your child would not be declared disabled and, therefore, would be unable to receive SSI Child Disability benefits.

The SSA will also need to know whether your child has a medically determinable mental or physical impairment or some combination of impairments. Furthermore, the SSA will need to determine whether your child’s mental or physical condition meets or would be considered medically equal to the requirements outlined in the Child Medical Listing of Impairments. Due to the fact that medical listings can be very technical, even more so for children sometimes, a child case may be reviewed by medical experts.

Should your child have a mental or physical impairment that does not meet or equal a medical listing of impairments, there may still be a chance that he or she will qualify for benefits. An adjudicator or Administrative Law Judge will make a determination as to whether the functional limitations created by your child’s mental or physical impairments are the same as those of any of the child medical listings. If this is so, it will be determined that your child’s impairments are functional equivalents to a qualifying listing. In other words, should the combined effects of your child’s impairments be the functional equivalent to a listed qualifying condition, then this could be used to determine that your child is disabled and would qualify for benefits.

To determine whether your child’s impairments are functional equivalents to a child medical listing, then the adjudicator or Administrative Law Judge will look to see whether the physical or mental impairments of your child yield two marked limitations or one extreme limitation among the following areas:

  • Acquiring and using information
  • Attending and completing tasks
  • Caring for yourself
  • Health and physical well-being
  • Interacting with and relating to others
  • Moving and manipulating objects

In order to develop a strong case that your child’s impairments are functional equivalents to a qualifying child medical listing, evidence must be gathered to support this assertion. There are a variety of evidence types that may be used for this, including:

  • Teacher observations noted in questionnaires
  • Notes from after school tutors or daycare providers
  • Individual Education Programs (IEPs)
  • Behavioral modification plans
  • Section 504 plans from schools
  • Findings by treating medical and mental health professionals
  • Testimony from your child
  • Testimony from you as the child’s parent

Arizona Social Security Disability Attorney

If you are trying to get disability benefits for your child, talk to the team at Roeschke Law. Contact us today.

social security disability

The Importance of Medical Records in Your Social Security Disability Case

The process of applying for Social Security disability benefits can be a lot to handle on your own. There are forms that need to be properly completed. There is evidence that needs to be submitted. The Social Security Administration (SSA) must have all of the correct information and evidence it needs to render a decision on your application. Failing to provide the right information or enough information to the SSA will often lead to your claim being denied or at least significantly delayed in being approved. When you are disabled and waiting on SSA benefits, any delay can not only cause a great deal of stress but can also increase the financial strain you may already be under. To help improve your chances of being approved for benefits, you should be aware of the key pieces of evidence the SSA will look to in evaluating your claim. Medical records, for instance, will play a critical role in your Social Security disability case.

The Importance of Medical Records in Your Social Security Disability Case

The importance of medical records in your Social Security disability case really cannot be understated. In order for the SSA to be able to deem you disabled and qualified to receive disability benefits, they must be able to find, based on the medical evidence, that you have a “severe, medically determinable impairment.” The physical or mental condition must be expected to last for 12 months or for the duration of your life and must be so severe that it interferes with your ability to engage in substantially gainful activity.

The medical records you provide to the SSA should document your medical history and include your symptoms and the limitations placed on you by your medical conditions. To help ensure that your medical records provide the right information to the SSA, you should be clear with your treating medical professionals, including physicians, psychiatrists, and nurse practitioners, about the details of your medical conditions as you experience them. This means informing them about the limitations and symptoms you experience.

In addition to being important to your own health and well-being, attending all of your scheduled medical appointments is critical to your disability case. The records generated by your appointments will be critical to supporting your application for benefits. Complying with doctor recommendations for treatment, taking medications, attending physical therapy, and getting the proper radiographic studies such as x-rays, CT scans, MRIs, and other lab work done is all important as is following up in seeing doctor recommended specialists.

Social Security regulations themselves state that more weight should be given to the medical opinion of treating sources. These sources hold a lot of sway over the outcome of your disability claim. Be sure that you are consistent in receiving treatment for them and that they include details of your impairments in your medical records.

Do not make the mistake of some claimants who think that simply informing the SSA that you are disabled and unable to work is enough. It is not. This assertion must be supported with strong medical evidence. While your testimony may have some impact in front of an Administrative Law Judge rendering a decision on your disability claim, it will not have enough of an impact without medical records to support what you are saying.

Arizona Social Security Disability Attorney

Roeschke Law is here to help you build up a successful application for Social Security disability benefits. Contact us today.

consultative examination

What Is a Consultative Examination for Social Security?

Have you been notified by the Social Security Administration (SSA) that you need to appeal for a consultative examination (CE)? You may be excited that your disability application appears to be moving forward, but may also be anxious about the CE and what it might mean. You see, a CE is most often required by the SSA when an application for disability benefits lacks sufficient medical evidence to determine whether a qualifying disability exists. Regardless, however, it is in your best interest to prepare for an attend the CE so that your disability benefits claim has a better chance at being successful.

What Is a Consultative Examination for Social Security?

Disability Determination Service (DDS) is the agency tasked by the SSA to assist with rendering disability determinations. It is, in fact, DDS that will make the request for you to attend a CE or to take additional tests if it finds medical records supporting your disability to be lacking or if the medical evidence provided is deemed to be out of date.

The SSA will pay for a CE and it is often performed by an applicant’s treating physician. Should your physician lack the requisite skills and equipment to complete the CE, then DDS will make arrangements for the CE to be performed by another CE. DDS also commonly has a physician other than an applicant’s treating physician perform a CE when that treating physician has provided unclear or confusing reports or has given DDS some other reason to be distrustful of the physician. In all cases, a CE must be performed by a licensed physician or a medical professional being supervised by a licensed physician.

Over the course of a CE, the physician or examiner will ask you questions about your medical history and current complaints. A physical examination will also be conducted. Any specific tests requested by DDS will also be performed. The report generated as a result of the CE will contain details regarding your medical history as well as your treatment history and lab findings. The report will also note the results of the CE physical examination and an estimation regarding your ability to engage in work-related functions. No treatment recommendations will be rendered as a result of the CE as it is only an assessment.

If you are applying for disability benefits based on a mental impairment, which can include conditions such as depression and anxiety, SSA may order a mental status examination (MSE) instead of a CE. An SSE is a psychiatric or psychological consultative exam. The MSE itself will include an intelligence test, such as an IQ test and may also include other neuropsychological tests. The psychiatrist or psychologist performing the MSE will also test your ability to concentrate and follow directions as well as your memory and judgment.

Disability Attorney

If you are trying to navigate the Social Security disability application process, it can feel like  a number of requests such as a request for a CE or MSE crop up along the way. The dedicated team at Roeschke Law is here to help you during what can be a stressful and overwhelming time. Contact us today.

income limit

What Is the Income Limit for SSDI?

If you or a loved one suffers from a mental or physical disability that prevents engaging in consistent gainful work, then you have likely been exploring your options for government benefit support. The Social Security disability insurance (SSDI) program is available to individuals who can no longer work because of a physical or mental disability and have paid taxes into the Social Security system for a minimum number of years. Upon approval, a benefit recipient will receive monthly SSDI payments which are based on their earning records.

What Is the Income Limit for SSDI?

In order to be eligible for SSDI benefits, you must fall below a certain income level. What income, however, is included for purposes of calculating SSDI benefit eligibility? Well, it may be better to start with what is not included in this calculation. You see, the SSDI program does not limit the amount of assets or unearned income an applicant or benefit recipient may have. This differs from the Supplemental Security Income (SSI) program which is geared specifically towards disabled individuals with low income and financial resource availability.

Unearned income refers to a variety of income sources. For instance, unearned income includes income generated from investments, a spouse’s income, and interest accrual. You can also hold an unlimited amount of assets and still qualify for SSDI benefits.

While there may not be a limit on the amount of assets or unearned income an SSDI applicant or benefit recipient may receive, there is a limit on the amount of earned income generated by such a person. This is due to the fact that a person who earns a substantial income is not considered disabled for Social Security disability benefits purposes. Substantial income results from what the SSA refers to as “substantial gainful activity” (SGA). If a person earns over a certain amount, then he or she is said to be engaging in SGA and will not qualify for Social Security disability benefits. In 2021, the SGA limit is set at $1,310 for disabled SSDI applicants and $2,190 for blind applicants. The SGA limit is based on the national average wage index. 

While the SGA limit is intended to help ensure that only truly disabled individuals are receiving these benefits, it is not intended to discourage a benefit recipient from trying to go back to work and transition out of the need for receiving SSDI benefits. The SSA does not want the fear of hitting income limits to deter benefit recipients from trying out a return to work. This is why the trial work period was established. For those benefit recipients who want to try out a return to the workplace, but do not want to jeopardize the receipt of benefits should things not work out, the trial work period acts as a safety net for such a situation.

When in the trial work period, which extends nine months out of a 60 month period and does not necessarily have to be consecutive, an SSDI recipient can try to go back to work without jeopardizing disability benefits. For 2021, any month that an SSDI recipient earns over $940, it will be considered a trial work month. When an SSDI recipient reaches nine months of earning over $940 during the trial work period, then the SSA begins reevaluating the person’s work to determine if it reaches the SGA limit. If it does reach the SGA limit, then SSDI benefits will be paid out for a grace period of three months and then terminated.

Disability Attorney

The specifics of SSDI qualification can be difficult to unravel. That is why the trusted team of disability attorneys at Roeschke Law is here to help you. Contact us today.

widow

Can a Widow or Widower Receive Disability Benefits?

Having a spouse pass away can leave a void you may feel deeper than you could have even imagined. On top of the emotional impact of losing a spouse, there can be some tough financial realities to confront. The loss of a spouse can also come with a loss of critical financial support provided by that spouse. Surviving husbands and wives may be left wondering how to make ends meet. Fortunately, for those surviving spouses of deceased disabled workers, there may be survivor disability benefits available

Can a Widow or Widower Receive Disability Benefits?

Yes, a widow or widower may be able to receive survivor Social Security benefits, both disability benefit and retirement benefits. Here, we will focus on the survivor disability benefits. Eligibility for such benefits will depend on a number of factors, including the benefit being sought. Furthermore, the spouse must have been married to each other for a minimum of one year in order to qualify. 

First, there is the Mother’s or Father’s Benefit which may be available to the surviving spouse. If the deceased spouse was eligible for disability benefits, then the surviving spouse of the deceased worker may be able to get a monthly benefit check if he or she is charged with caring for at least one child of the deceased spouse who is under the age of 16 or who is disabled. If the disabled child is over the age of 22, then the disability must have arisen prior to the age of 22. Generally speaking, the deceased spouse must have worked a minimum of 10 years out of the past 20 years in order to be eligible for disability benefits. There is, however, a special rule which provides that if a deceased spouse worked for at least one and a half years in the three years preceding death, then the Mother’s or Father’s benefit will be paid out. This benefit ceases when the child turns 16 or is no longer disabled.

There is also the Widow’s or Widower’s Benefit which may be available to the surviving spouse. If the surviving spouse was married to the deceased disabled spouse for a minimum of one year prior to death and the deceased spouse was either receiving or entitled to receive SSDI at the time of death, then the surviving spouse can get this benefit if the surviving spouse is either disabled and between 50 and 60 years of age or the surviving spouse is 60 years or older. If the surviving spouse is between 50 and 60 and disabled, the disability must have arisen within 7 years of the deceased spouse’s death. It may be important to note that this benefit will end if the surviving spouse remarries. Alternately, the benefit will end if the surviving spouse becomes eligible to receive notably higher Social Security benefits on his or her own record.

Last, but not least, the surviving spouse may be entitled to a lump sum death benefit. The surviving spouse must have been living in the same household as the deceased, disabled spouse. If the deceased spouse was entitled to Social Security benefits at his or her time of death, then the surviving spouse will receive one lump sum death benefit that can total upwards of several hundred dollars.

Disability Attorney

Have you lost a spouse who was receiving disability benefits you came to financially depend on? Do not hesitate to reach out to Roeschke Law and find out what survivor benefits may be available to you. Contact us today.