Nolo's Guide to Social Security Disability is an essential book for anyone dealing with a long-term or permanent disability. Written both for first-time applicants and those who already receive Social Security Disability, Dr. David Morton's book demystifies the program in plain English, thoroughly explaining:
what Social Security disability is
what benefits are available to disabled children
how to prove a disability
how age, education and work experience affect benefits
whether or not one can work while receiving benefits
how to appeal a denial of benefits
how to respond to a Continuing Disability Review
and much more
Nolo's Guide to Social Security Disability also provides in-depth information on various health problems, including breathing disabilities, heart disease, mental disorders, speech impairments, cancer, immune system disorders -- and much more
The 2nd edition, completely updated with the latest rules and medical listings, provides new information on handling appeals hearings, and shows how to participate in the Ticket to Work and Ticket to Hire programs. User-friendly appendices translate bureaucratic terms, provide medical-vocational rules, and list Social Security benefit publications.
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The Social Security Administration (SSA) decides who is eligible for disability payments under rules established in the Social Security Act by the U.S. Congress. In this chapter we describe the two main SSA programs that administer disability payments. We briefly explain the requirements that any claimant must meet to receive benefits. We also provide a number of tips on how to deal with the SSA bureaucracy, including answers to some of the most frequently asked questions about Social Security Disability.
Two Different Programs
Once you qualify as disabled under the Social Security Act, the SSA makes disability payments under one of two programs:
Social Security Disability Insurance (SSDI), for workers who have paid into the Social Security trust fund (and their dependents), and
Supplemental Security Income (SSI), for disabled individuals with limited incomes and assets (and their dependents).
SSDI claims are also referred to as Title 2 claims because they are authorized under Title 2 of the Social Security Act. SSI claims may be referred to as Title 16 claims because they are authorized under Title 16 of the Social Security Act. A person claiming a disability is called a claimant. Some claimants apply under both Title 2 and Title 16; these are known as concurrent claims.
When the SSA receives your application, it will determine whether you are eligible for disability benefits under SSDI or SSI, even if you have not specifically requested both. This means that if you apply only for SSDI benefits, the SSA will automatically process your claim for any SSI disability benefits to which you might be entitled. If your SSDI claim is turned down, you don't have to file another claim for possible SSI benefits.
1. Social Security Disability Insurance
SSDI provides payments to workers who have made contributions to the Social Security trust fund through the Social Security tax on their earnings. SSDI is also available to certain dependents of workers. If you are found eligible for SSDI, you might be entitled to back benefits if you can show that you were disabled before the date of your application. (See Chapter 10 for more details on when benefits begin.)
a. Who Qualifies?
To qualify for SSDI, you must fall into one of the following categories:
i. You are a disabled insured worker under age 65
You must have worked both long enough and recently enough to qualify. It may not be sufficient that you worked for many years and paid Social Security taxes. When you worked is also important. The law requires that you earn a certain number of work credits in a specified time before you apply for benefits. You can earn up to four credits per year, each credit representing three months. The amount of earnings required for a credit increases each year as general wage levels rise.
The number of work credits needed for disability benefits depends on your age when you become disabled. Most people need at least 20 credits earned over ten years, ending with the year you become disabled. Younger workers may qualify with fewer credits.
Table of Contents
I. How to Use This Book
1. What Is Social Security Disability?
2. Applying for Disability Benefits
3. Disability Benefits for Children
4. Getting Benefits During the Application Process
5. Proving You Are Disabled
6. Who Decides Your Claim?
7. How Claims Are Decided
8. If You Can Do Some Work
9. How Age, Education and Work Experience Matter
10. When Benefits Begin
11. Reasons You May Be Denied Benefits
12. Appealing If Your Claim Is Denied
13. Once You Are Approved
14. Continuing Disability Review
15. Your Right to Representation
16. Musculoskeletal Disorders and Growth Impairments
17. Vision, Balance, Hearing and Speech
18. Breathing Disorders
19. Heart and Blood Vessel Diseases
20. Digestive System Diseases
21. Kidney Diseases
22. Blood and Lymphatic Diseases
23. Skin Diseases
24. Hormone Disorders
25. Multiple Body System Disorders
26. Nervous System Disorders
27. Mental Disorders
28. Cancer
29. Immune System Disorders
Appendices
A. Glossary of Bureaucratic Terms
B. Examples of Technical Rationales for Denials
C. Medical-Vocational Rules
D. Benefits Planning Assistance and Outreach Programs
E. Protection and Advocacy Organizations
Index
Reviews
Carl Dye, President,...
The most significant addition in many years to our Continuing Education curriculum for re-certification of RNs, rehabilitation professionals and counselors.
About the Author
David A. Morton III, M.D.
David A. Morton has degrees in psychology (B.A.) and medicine (M.D.). For 14 years, he was a disability determination consultant for the Social Security Administration, serving as Chief Medical Consultant for eight years. In his capacity as Chief Medical Consultant, Dr. Morton hired, trained, supervised and evaluated the work of medical doctors and clinical psychologists, and made thousands of disability determinations for both adults and children. Since 1983, Dr. Morton has authored several books on Social Security disability for attorneys and judges, including Nolo's Guide to Social Security Disability.
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Nolo's Guide to Social Security Disability
by David A. Morton III, M.D.