Having an attorney or advocate represent you during the Social Security disability application and appeals process might speed up the process. While there is no fast-track for individuals who are represented by professionals, attorneys and advocates know a few things that might be able to get a decision on your claim faster.
If you were receiving social security benefits and they were terminated because you returned to work and began performing substantial gainful activity (working more and making more money than the SSA allows), you have five years (60 months) to reinitiate disability benefits without filing a new disability application.
1 Contact the Social Security Administration at 1-800-772-1213 between the hours of 7 a.m. ... 2 Notify the SSA representative that you would like to reinstate your Supplemental Security Income benefits. 3 Take action. Be sure to do whatever the SSA representative tells you to do.
You can request that your benefits start again if you: are unable to do substantial gainful activity because of an impairment (s) that is the same as or related to the impairment (s) that allowed you to get benefits earlier; and make the request within five years from the month your benefits ended.
about three monthsIt takes SSA about three months to reinstate your benefits—and you would receive a lump sum payment of the money owed to you for the time after your income dropped below the BEP.
If your Social Security or SSI disability benefits were terminated because you started to work and earned too much money, you may eligible for "expedited reinstatement" if you stop making too much money. Expedited reinstatement (EXR) allows you to get your benefits restarted without having to reapply for benefits.
Request EXR within five years from the month your benefits stopped. In order to reinstate your benefits under this provision we need updated medical information for the DDS to make their determination. A Social Secuirty representative will assist you with all the necessary forms.
If you have not yet reached full retirement age, the only option for stopping Social Security payments is to apply for a “withdrawal of benefits,” a more formal process that, unlike a suspension, requires you to repay Social Security the benefits you have received to date.
5. The EXR provision allows an individual to receive up to 6 months of provisional (temporary) cash benefits while SSA conducts a medical review to determine whether the individual can be reinstated to benefits.
Social Security has a program called TERI that allows the agency to expedite applications when the applicant has claimed a terminal illness or a condition that is usually terminal. If you have a terminal illness, make sure you submit your medical records with your initial application to speed up the process.
SSDI back pay is the amount you should receive to cover any lapse in payment between your application and when you start getting payments, minus those 5 months. Retroactive back pay is payment the SSA will award you to cover your period of disability before you even applied for SSDI.
The SSA requires minimal objective medical evidence for some CAL conditions and will sometimes grant approval based on a diagnosis alone. This makes it easier to approve these claims quickly, sometimes in as little as ten days.
The suspension means that the person is not eligible for SSI in the moment, but the benefits will start again when the person again meets the requirements to get SSI. As with the initial application, this includes showing that the person is blind, disabled or has reached the necessary age.
You can withdraw your benefits within the first year of claiming Social Security, no matter what your age. You must pay back any money you received; the Social Security Administration then treats it like you never enrolled, and your monthly check can continue to grow until you start taking benefits again.
If you decide to unretire within 12 months of applying for Social Security benefits and you're under 70 years old, you can apply to withdraw your Social Security claim. Just fill out a form and submit it to the Social Security Administration (SSA).
The maximum benefit depends on the age you retire. For example, if you retire at full retirement age in 2022, your maximum benefit would be $3,345. However, if you retire at age 62 in 2022, your maximum benefit would be $2,364. If you retire at age 70 in 2022, your maximum benefit would be $4,194.
There are hundreds of illnesses and disorders, as well as certain medical and personal circumstances, that may qualify you for expedited processing of a claim for Social Security Disability Insurance (SSDI). There are also procedures for fast-tracking applications for Supplemental Security Income (SSI), a benefit program for low-income people who are disabled, blind, or 65 and older that is ...
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ATTENTION: THE FOLLOWING IS FOR INFORMATION PURPOSES ONLY! WE ARE A LAW FIRM NOT A LOAN COMPANY! Social security disability (SSD) approval can take a long time. Since benefits won’t arrive quickly, you need to make plans for how to stay afloat while living in one of the most expensive regions of the country.
Emergency financial help when waiting on disability payments. It can take as many as six months or longer for the Social Security Administration to approve (or deny) an application for disability, and most people need financial help or extra cash during those months.
If you stopped receiving Social Security disability (SSDI) benefits because you were earning more than the substantial gainful activity (SGA) limit, but then your earnings drop below the SGA level again, Social Security has a faster application process for you to get your benefits reinstated.You can ask for "expedited reinstatement" of your disability benefits and avoid the long application ...
Question. I've been waiting for months to hear whether I'll be approved or denied for disability. Is this a bad sign? Answer. Whether a disability decision (SSDI or SSI) takes longer or shorter than the average processing time could mean a number of things.
The SSA is likely to give you provisional benefits for up to 6 months while they review your case. Provisional benefits are usually approximately the same amount as your previous SSDI or SSI benefits, and they usually don’t need to be paid back, even if your EXR claim is denied.
Expedited Reinstatement (EXR) is the process by which you apply to resume your SSDI (or SSI) benefits after having been disqualified for Social Security. This usually occurs when people work above the Substantial Gains Activity (SGA) limit for a period of time and then stop working or making as much. If you started working above the SGA limit ...
Your Social Security payments stopped because you were making too much money after you returned to work. You submitted your EXR application no later than five years after your benefits stopped. You stopped working because of a condition that is the same as or closely related to the one you were receiving benefits for.
You can still appeal the decision. Once you get your denial letter, you have 60 days to file a Request for Reconsideration. Disability Determination Services (DDS) will look over any new information you give them and make sure their ruling was correct.
If your Request for Consideration is denied, the next step is to file (again, within 60 days) a request for a hearing with an administrative law judge. If you disagree with the judge’s decision, you must ask the Appeal’s Council to review the judge’s ruling.
Not to worry, though! The process to reinstate SSDI – or other Social Security benefits – is much easier than you think. The process is not as difficult as your initial application for Social Security. Let our attorneys from SSDA explain to you how it works.
Reinstating SSI benefits. SSI (Supplemental Security Income) is provided by the Social Security Administration for claimants who are aged (65 years or older), disabled or blind but who have not been employed or have not paid enough employment taxes to accumulate work credits to qualify for Social Security Disability Insurance (SSDI).
If you were receiving social security benefits and they were terminated because you returned to work and began performing substantial gainful activity (working more and making more money than the SSA allows), you have five years (60 months) to reinitiate disability benefits without filing a new disability application.
How long will the provisional payments last? Provisional payments can be paid up to six months, until you reach your full retirement age, you engage in substantial gainful activity or the SSA makes their decision and notifies you of their decision.
1. Contact the Social Security Administration at 1-800-772-1213 between the hours of 7 a.m. and 7 p.m., Monday through Friday but make sure you have your SSI disability paperwork and information about your income (pay stubs, a letter from your employer, or separation notice). 2.
There is more good news. The SSA also will provide provisional payments when you make an expedited request. Provisional payments can generally include not only your cash payments but also your medical coverage, which is Medicaid for SSI claimants. Under most conditions, the claimant is not required to pay the provisional payments back, even if the Social Security Administration eventually denies the reinstatement request.
What is an Expedited Reinstatement (EXR) for SSDI? An EXR avoids filling out an entire disability application while shortening the time it takes to start getting monthly benefits. In addition, when you apply for expedited reinstatement, the SSA may approve you for provisional benefits for as long as six months.
Qualifying for SSDI initially meant you had to prove to SSA disability evaluators that you could not maintain substantial gainful activity (SGA) that gave you income of no more than $1260 per month. If you return to work and start earning over that amount, you no long qualify for SSDI. You must always notify the SSA whenever you obtain employment while getting SSDI payments.
If an ALJ denies your second Request for Consideration, you have another chance to appeal the denial by taking it to the Social Security Appeals Council. The Appeals Council reviews why the ALJ decided to deny your request. Sometimes, an ALJ may make a procedural or legal error that the Appeal Council will catch and overturn. They will also examine all documents included in your case. You are allowed to provide the Appeals Council additional information pertinent to your medical disability.
Social Security Disability Insurance (SSDI) provides monthly benefits to individuals who can no longer work due to a disabling medical condition. To qualify for SSDI, you must have worked enough years to accumulate work credits. The Social Security Administration grants work credits according to yearly wage amounts. For people who do not have enough work credits to qualify for SSDI, the SSA’s Supplemental Security Income (SSI) is available to financially assist low-income disabled children and adults.
Denials of Requests for Reconsideration can be appealed within 60 days of receiving a denial letter. This appeal will be held in a courtroom where an administrative law judge (ALJ) will preside over the case. The appeals process at this point resembles the appeals process in other types of disability appeals.
Monthly provisional benefits are generally equal to what you were receiving while on SSDI. Occasionally, this amount is adjusted if underpayments, overpayments or cost of living increases enacted by Congress have been established since your last benefit payment.
If a spouse or child was receiving SSDI or SSI based on your income and their disability benefits ceased due to your income, their benefits will resume following approval of your EXR. Be aware that the SSA does not restart spousal, disabled child or parent’s benefits automatically. Reinstatement of their benefits must be requested online, by telephone or by mail.
If your original application is denied, the next fastest way to receive benefits is to have an "on the record" (OTR) decision. A Social Security disability attorney can: 1 write a clear and concise brief that meets the requirements set out by Social Security and presents arguments for why you should receive benefits 2 gather any new medical records or try to obtain information from physicians to answer questions that may not be in your medical records but is requested by Social Security 3 write a proposed decision that, if approved by an Administrative Law Judge (ALJ), saves time since you do not have to wait for the ALJ to write the decision, and 4 speak to the Attorney Adjudicator to relay the specific merits of your case or to negotiate your disability onset date.
If the OTR decision is denied, your case will then be sent to a hearing. If you are applying for SSI and you are in financial straights, an attorney can write a dire need letter for you, which can get your hearing date scheduled sooner. At the hearing, a disability attorney can improve your chances of winning the appeal after the hearing, ...
At the hearing, a disability attorney can improve your chances of winning the appeal after the hearing, rather than having to go on to appeal to the Appeals Council. A disability lawyer can: prepare you to answer questions that may be presented to you at the hearing so that you can clearly relay the specifics of your medical impairments ...
If your original application is denied, the next fastest way to receive benefits is to have an "on the record" (OTR) decision. A Social Security disability attorney can: write a clear and concise brief that meets the requirements set out by Social Security and presents arguments for why you should receive benefits.
The fastest way to receive benefits is to receive approval based on your original application for Social Security disability benefits (rather than having to appeal the decision, which can take more than a year).
At the hearing, a disability attorney can improve your chances of winning the appeal after the hearing, rather than having to go on to appeal to the Appeals Council. A disability lawyer can:
However, an attorney will likely only take your case at this early stage if he or she thinks you have a good chance of winning.
allegation of total deafness; that is, no sound perception in either ear;
a child has not attained his or her first birthday and the birth certificate or other medical evidence shows a weight below 1,200 grams (2 pounds, 10 ounces) at birth:
The immediate payment cannot be higher than $999.00.
Are facing a "financial emergency" which means they need money right away due to a threat to health or safety, such as not enough money for food, clothing, shelter or medical care.
In order to reinstate your benefits under this provision we need updated medical information for the DDS to make their determination. A Social Secuirty representative will assist you with all the necessary forms. If we approve your request for expedited reinstatement of your SSI benefits, your provisional (temporary) benefits will begin the month after your request. You may be eligible for Medicaid coverage.
If we decide that you cannot get benefits again, we usually will not ask you to repay the provisional benefits.
a physician confirms by telephone or in a signed statement that an individual has a terminal illness with a life expectancy of six months or less; or a physician or knowledgeable hospice official (for example, hospice coordinator, staff nurse, social worker or medical records custodian) confirms that an individual is receiving hospice services because of a terminal illness;
allegation of total deafness; that is, no sound perception in either ear;
a child has not attained his or her first birthday and the birth certificate or other medical evidence shows a weight below 1,200 grams (2 pounds, 10 ounces) at birth:
The immediate payment cannot be higher than $999.00.
Are facing a "financial emergency" which means they need money right away due to a threat to health or safety, such as not enough money for food, clothing, shelter or medical care.
In order to reinstate your benefits under this provision we need updated medical information for the DDS to make their determination. A Social Secuirty representative will assist you with all the necessary forms. If we approve your request for expedited reinstatement of your SSI benefits, your provisional (temporary) benefits will begin the month after your request. You may be eligible for Medicaid coverage.
If we decide that you cannot get benefits again, we usually will not ask you to repay the provisional benefits.
a physician confirms by telephone or in a signed statement that an individual has a terminal illness with a life expectancy of six months or less; or a physician or knowledgeable hospice official (for example, hospice coordinator, staff nurse, social worker or medical records custodian) confirms that an individual is receiving hospice services because of a terminal illness;