Archives for September 2020

What Are The Differences Between SSI And SSDI?

The term “Social Security” can mean a large number of US government-based benefit programs that an individual can apply for when he or she needs it. But even though they are administered by the Social Security Administration, SSI and SSDI are two separate programs and offer two different types of benefits.

What Are The Differences Between SSI And SSDI?

What type you should apply for depends on your needs. Here, we’ll explain the difference, and you can decide for yourself which one is right for you.

Supplemental Security Income (SSI)

This program is a needs-based financial benefit for disabled individuals of limited means and income. Unlike Social Security received after retirement, SSI does not require “work credits.” The money comes from General Revenues, not from Social Security funds. It’s a “means-tested program,” meaning the requirements are very strict. SSI is for those who are elderly, disabled, and/or blind who need assistance paying for things like food and shelter.

Most individuals who qualify for and receive SSI will also qualify for Medicaid, the state/federal healthcare program that provides comprehensive coverage for its recipients. They may also qualify for food stamps and other assistance. The amount of SSI received will depend on the amount of consistent monthly income the individual receives. Any other income you receive can affect your SSI amount.

Any income or other “in-kind support” such as free rent, food, or other necessities that are given to you at no cost are considered “income,” and must be reported. Should your living arrangements change, such as moving in with a roommate or relative, this also must be reported, and will likely change or reduce your monthly benefit payment.

Social Security Disability Insurance (SSDI)

For individuals with work history, SSDI can cover them after they become disabled. SSDI is based on an individual’s disability and work credits. SSDI will qualify an individual for Medicare after 24 months. If your assets and income are higher, SSDI is the better option.

There is a roughly 5-month waiting period before an individual begins receiving benefits once the application is received and when Social Security determines and approves the “date of onset.” SSDI payments may also be reduced if an individual is receiving another type of benefit, such as Worker’s Compensation.

Applicants for SSDI generally have a higher approval rating, since they have a work history and have had health insurance. They’ve received medical care for their disability, which is important in any disability claim. Examiners and judges also tend to find long-term employees to be more credible due to their work history, something SSI applicants may not have.

Note: individuals with ALS will qualify for Medicare immediately, with no waiting period.

Qualifying For Both SSDI And SSI

Under certain circumstances, an individual may qualify for both programs. The criteria are the same, limited income, and elderly, blind and/or disabled. Known as “concurrent benefits,” an individual must meet the requirements for both of these programs. However, both payments won’t be higher than a typical SSI payment. In other words, getting both will not “double-up” benefit payments.

Generally, SSDI provides a higher benefit amount than SSI, but SSI also takes into account factors such as other income, a person’s living situation, assets, and other variables.

The most common scenario is when an individual’s SSDI payments are low due to low wages throughout the working life, disability at a young age before building up a work history, or did not work very much in recent years.

It’s also possible that you could qualify for SSI during the five-month wait for SSDI. Once your SSDI payments begin, the SSI payment could be lowered accordingly. Medicaid would also be available immediately, whereas Medicare would be a two-year wait.

Your eligibility for one or both benefit programs is up to the Social Security office and depends on your current income and assets. Both programs utilize the same process to evaluate the disability.

Houston’s Social Security Attorney

Whether you’re applying for Social Security or Disability through Social Security, the laws are complex and the process difficult to maneuver. With an experienced disability law firm to help, you can get your application completed right the first time, and have a better chance of being awarded the benefits you deserve.

We’ve helped over 4,000 Houstonians get their disability benefits. The Herren Law Firm in Houston, TX can assist with your application, appeals, and records gathering to prove your case, and win your claim. Contact us today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation and no up-front fees, and we only collect a fee if we win your case.

Is It Hard To Get Vision Disability Benefits In Houston?

Is It Hard To Get Disability Benefits For Vision Related Injuries And Conditions In Houston?

The CDC reports that about 2,000 people per day experience an eye injury. While many eye injuries happen on the job, eye injuries can also occur from a car or other accidents, fireworks, as well as incidents like falls. Veterans may also find themselves with injuries from combat or other duty.

Eye injuries can be difficult to overcome. If they’re severe enough, can inhibit your ability to return to work. You may eventually need to apply for disability after a vision-related injury. The cause of vision impairment or the length of time isn’t a consideration. However, the degree of vision impairment is, as well as how well your medical records support your claim.

Disability For Vision Loss

Your vision loss must be substantial in order to meet the definition set out by The Social Security Administration (SSA). If you have a good vision in one of the eyes, SSA will not consider you “disabled.”

SSA has three conditions for blindness, and most cases of blindness meet at least one. To qualify for disability, you must meet one of them:

  • Loss of central visual acuity (2.02), indicating that you have vision loss in your central field of vision, and your “better eye” is no better than 20/200
  • Contraction of the visual field in the better eye (2.03), indicating that your field of vision is shrinking and that you have a rather narrow field of vision
  • Loss of visual efficiency, or visual impairment (2.04), indicating blurry vision or total blindness, and the vision in your better eye is not better than 20/200 while wearing corrective lenses

A full description of these criteria is available in the SSA Bluebook.

Qualifying For Disability

In order to qualify, you’ll be required to show that your vision loss and/or blindness prevents you from working at any job. The SSA looks at a report called RFC, or “residual functioning capacity” to determine your current level of functioning and how it affects your ability to return to work. It looks at your inability to do things like drive. In other words, how much work are you capable of doing in your current condition?

The SSA also reviews your age, education level, and vocational skill set, and will qualify or disqualify based on their findings. If the SSA believes you are qualified based on the RFC, it will be based on your inability to do any kind of job. You will also receive a medical-vocational allowance.

Re-Employment

If you are considering returning to work, SSA allows a 9-month re-evaluation and trial period every 60 months (5 years.) These nine months do not have to be consecutive, but you should avoid using them all up at once if you don’t have to.

The “trial period” is to see if you are able to re-adapt and work, either in the same profession or in another one. You’re required to report your earnings, expenses, and work-related activities to the SSA.

You’ll still receive benefits if you don’t go over your monthly benefit amount (currently $2,040.) Your benefits will still be available (as long as you don’t earn more), and you won’t have to reapply. However, you’ll be required to report everything to the SSA so that your expenses can be calculated against your earnings.

Should your condition worsen and keep you from continuing working, you can apply for expedited reinstatement within 5 years.

Before beginning the re-employment process, speak with an experienced disability attorney who can guide you through the process.

Get Help For Vision Related Disability From Herren Law

Applying for disability benefits from the SSA brings increasing challenges to prove your case. With the help of an experienced disability attorney, you can make sure you have the evidence you need, your application is properly executed, and stand a better chance at getting the benefits you need.

Call The Herren Law Firm today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation, and we’ll take your case on a contingency fee basis, with no up-front charges. You don’t owe a fee until we win your case.

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