How Can I Help My Elderly Family Member With SSDI?

Elderly individuals don’t always have the capacity, understanding or frame of reference to take care of their needed affairs in the face of everything online. Many seniors have gone online, taking care of their accounts and joining Facebook to keep up with faraway family members. But there are still many elderly people who just won’t go near technology.

How Can I Help My Elderly Family Member With SSDI?

When it comes to applying for SSDI (Social Security Disability Insurance), they may not know where to go or who to call or what to do. Fortunately, by becoming an advocate, there are some things you can do to help them.

What Is Disability?

Strictly speaking, the Social Security Administration considers a “disability” as a condition that prevents someone from doing “substantial gainful activity” for a period of 12 months or expected to keep them from such activity for the coming 12 months. For someone who’s working, that means they cannot earn more than $1170 per month (current 2017 guidelines.)

A disability decision will also depend heavily on medical records and an individual’s medical history. The records must contain evidence of a “functional limitations,” or the inability to work. An individual’s age may be a supporting factor in an SSDI case since the Social Security Administration’s system weighs toward individuals over 50. A disabled individual can be working part-time when they apply, so long as they don’t earn more than the current guidelines.

Gather Important Records

Before you start an application, you’ll need to find your family member’s important records. You’ll need this information to complete the application. You can go online to complete the application at SSA, by phone at 1-800-772-1213, make an appointment and visit the nearest SSA office in person.

You’ll need:

·         Their Birth Certificate

·         Social Security Number/Card

·         Marriage/divorce/dependent records

·         Employment records going back 15 years, the last date worked and accompanying W-2 forms

·         Any public assistance they are currently receiving (food stamps, etc.)

·         Medical records, particularly those documenting the disabling condition

·         Any current prescriptions taken by the family member

·         Names and contact information for doctors and/or hospitals prescribing the medications

Medical Evidence

To substantiate the disability claim, the individual must have current medical records that support the claim and explain exactly how the condition (physical or mental) prevents him or her from working (called “functional limitations.”)  If medical records meet all the requirements to a Social Security Impairment Listing, showing exactly why the individual is unable to work, they’ll be approved immediately for benefits. If not, Social Security will then determine what kind of work the individual is suited for.

Disability claims are based primarily on evidence in someone’s medical records. So if your family member hasn’t had a medical evaluation, make sure they get one as soon as possible to establish a “disability.”

How Age Affects The SSDI Application

If your family member is over 50, Social Security considers them to be “close to retirement.” Education and work history is also a consideration, including things like transferable work skills. Residual functional capacity, or what type of work an individual is suited for in their present condition, is also taken into consideration.

Social Security uses a “medical vocational grid” to establish an individual’s ability to work based on prior work and age. Individuals over 65 who are still working but are forced to retire because of a disability generally won’t be required to find other suitable work.

The Hearing

Applicants will be required to attend an in-person or phone interview for their SSDI application. These are primarily to discuss the facts of the case, and a determination won’t be made at that time. You’ll need to have all of your family member’s records available so he or she can answer questions without wasting time.

The hearing is simply a meeting with an administrative law judge whose job is to determine if your family member meets the criteria for “disability.” Answering questions clearly and succinctly are key in getting a determination. An SSDI attorney cases can help with “rehearsing” beforehand or offer a list of questions that may be asked in the hearing.

Patience Is Required

SSDI’s application process takes a long time, and acceptance is not guaranteed. An appeal is almost a necessity before an individual is approved for disability.

Denied for SSDI?

Herren Law has helped over 4,000 Houstonians get the disability benefits they deserve, and we’ll be happy to help you. Call us at (713) 682-8194 or (800) 529-7707 for a free consultation. We’ll talk with you about your case and let you know how we can help. Our contingency fee arrangement means you won’t owe us anything unless we win your case.