Disability Benefit Solutions

Social Security Disability Insurance (SSDI) is part of a federal program that acts as an insurance policy to protect workers who become too ill or injured to work any longer. Your eligibility depends on how long and how recently you paid social security taxes out of your paycheck and whether your injury or illness is severe enough to constitute a disability according to the Social Security Administration's rules. If you qualify, you will be entitled to an ongoing cash payment each month and perhaps a lump sum payment for past months since the sixth full month after the date your disability began. In addition, some of your family members may be eligible for benefits based on your work: For example, your spouse may be eligible if he or she is 62 or older or if he or she is caring for your children under age 16 or disabled. Your unmarried children under age 18 (or under age 19 if still in high school) or those of your children age 18 or older who became disabled prior to age 22 might qualify as well.

Supplemental Security Income (SSI) is a federal program that pays monthly benefits to adults and children who are:

1) disabled, blind, or age 65 or older, and

2) who have limited income and resources (e.g. no more than $ 2,000 for an individual and $ 3,000 for a couple)

If you qualify, you will be entitled to an ongoing cash payment each month and perhaps a back award for past months since your application date. This amount may be reduced if you exceed the asset limitation. You may be eligible to receive SSI and Social Security Disability Insurance Benefits (SSDI) benefit if the SSDI amount is less than the maximum SSI amount. When this happens, SSI will make up the difference plus an additional $20.

If you believe you are too sick or injured to work, Disability Benefit Solutions LLC can help you file a claim for benefits with the Social Security Administration (SSA). The SSA evaluates every claim using the following 5-step analysis:

Step 1 - Are you engaged in Substantial Gainful Activity? If working full-time or earning over a specific amount of gross income per month regardless of how much you work, you are automatically disqualified for benefits. If you are neither, the SSA then moves on to step 2.

Step 2 - Do you have a severe impairment? This is usually an easy step to satisfy, as the SSA often finds that you have a severe impairment as long as a medical professional diagnoses it. If the SSA does not make such a finding, you are automatically disqualified. If it does, the SSA moves on to step 3.

Step 3 - Does your impairment meet or equal a Listing? If your impairment, mental and/or physical, meets or equals very specific medical criteria for that particular diagnosis/illness/condition, you are found eligible at this step. This determination must be made by a medical professional. If your impairment does not meet or equal a Listing, the SSA then moves on to step 4.

Step 4 - Does your impairment prevent you from performing your past relevant work? You must, to the best of your knowledge, provide the SSA with a list of all the jobs you held during the 15 years preceding the date your impairment began. The SSA will then evaluate your list to determine whether your impairment prevents you from performing any of your past relevant work. If not, you are disqualified. If so, the SSA then moves on to step 5.

Step 5 - Does your impairment prevent you from performing any other type of work, even with the limitations and restrictions imposed by it? This step requires an evaluation by a qualified vocational expert to determine whether there are any jobs, other than your past jobs, that you can still perform despite your impairment(s). If the vocational expert so finds and the SSA adopts those findings, you are disqualified. If not, you are disabled and therefore eligible for benefits.

It can take approximately six months to receive a decision on your initial application. If your application is denied, it can take an additional year and a half to obtain a decision as your claim works its way through the appeals process. However, certain circumstances can shorten that time period, so let our representatives determine if any are applicable to your case.

There are procedures for expediting decisions on your claims for Social Security Disability Insurance Benefits (SSDI) and Supplemental Security Income (SSI). Depending on the circumstances of each individual case, we may be able to get an expedited decision on your claim if you are facing immediate medical hardship, suffering from a terminal illness, or the evidence is so great that the decision could be decided "on the record" without the necessity of a hearing. We try to obtain evidence in support of your claim as rapidly as possible and present it for as prompt a decision as the facts and circumstances will allow.

If you are found eligible for Social Security Disability Insurance (SSDI) benefits, the amount you will receive each month is calculated based on your lifetime earnings, which differ for every individual. Please refer to your latest bi-annual statement from the Social Security Administration (SSA) to see how much (if any) SSDI you may receive. Also, if you have unmarried children under age 18 (or under age 19 if still in high school) that live in your home, you may receive additional money to help care for them. If you are awarded Supplemental Security Income (SSI), the monthly maximum Federal amounts for 2018 are $750 for an eligible individual, $1,125 for an eligible individual with an eligible spouse, and $376 for an essential person.

If you are awarded Social Security Disability Insurance benefits, you will be eligible for Medicare coverage after a waiting period of 24 months. If you are awarded Supplemental Security Income (SSI), you will be entitled to Medicaid coverage as soon as your entitlement to SSI begins.

Even if you're working, you may still qualify for Social Security Disability Insurance benefits and/or Supplemental Security Income (SSI). The Social Security Administration's regulations state that you are disqualified if you are engaged in "substantial gainful activity," i.e. working and earning more than $ 1,180 a month. However, if you are in a sheltered workshop, receiving subsidized employment which is not competitive in the labor market, working only part-time, earning less than $ 1,180 a month, or there are other special considerations in your work, you may still be eligible to apply for and receive SSDI and/or SSI. We are trained to understand exactly what constitutes "substantial gainful activity" and how to analyze your work situation.

Workers' Compensation benefits can reduce your Social Security Disability Insurance benefit. For example, lump sum Workers' Compensation settlements can be used to offset monthly SSDI benefit if not worded properly to reflect a pro-ration of the lump sum, for example, over the worker's life expectancy. We can advise you or your workers' compensation attorney about the best wording of settlement documents, so you get the least offset against future SSDI.

If your claim is one of those, we can appeal the denial for you by filing a Request for Reconsideration with the SSA. This must be done within 60 days of the date of the denial decision, so contact us immediately to preserve your rights.

If your Request for Reconsideration is denied, we can appeal this second denial for you by filing a Request for Hearing by an Administrative Law Judge with the SSA. Again, this appeal must be made within 60 days of the reconsideration denial, so contact us immediately to preserve your rights. Once this appeal is filed, your claim will be sent to the Office of Disability Adjudication and Review (ODAR) that services your area. The time that it takes to get a hearing before an administrative law judge (ALJ) varies among the ODAR offices throughout the country. It is absolutely vital that you have representation at the hearing level.

If, however, your claim is denied at the hearing level, we can file an appeal with the Social Security Appeals Council. The Appeals Council can then do one of three things: (1) deny your appeal, (2) award you benefits, or (3) remand your case back to an ALJ for another hearing. We have been very successful in filing appeal briefs with the Appeals Council and has the expertise to argue the law and the facts that support your case.


If you need Social Security Disability benefits, you should consider seeking professional expertise, to help you apply or appeal if you have already been denied.
If you would like a free consultation, you may call our office at 952-236-7348

We do not charge a fee unless we win your Social Security disability claim. Moreover, our fee is regulated by federal statute, and we charge 25% of your back benefits up to a maximum of $ 6,000.