Work Credits and Insured Status: Determining Disability Eligibility in Albuquerque

Your "credits" and your "insured" status can be some of the most confusing factors in determining your eligibility for disability benefits in Albuquerque.  They can be simple to figure out, however, with a bit of patience.

Credits and Earnings

Quarters of credit – also called “credits” – are obtained when you earn more than a certain amount in a year, varying by each year (the Social Security Administration’s website provides a handy table to see what the cutoff is for a given year).  You can earn a maximum of 4 credits in any year: for example, the earnings required for 1 credit in 2007 was $1,000, so anything more than $4,000 would only result in 4 credits.

The number of credits you need to be eligible for disability benefits will depend on your age when you became disabled:

• Before age 24 – You will need to earn at least 6 credits in the 3 years immediately before when your disability started.
• Example: You become disabled at age 22. You earned 1 credit at age 19, 2 credits at age 20, and 3 credits at age 21. You have 6 credits, and may qualify for disability benefits.
• Age 24 to 31 – You will need credits for working half the time between age 21 and when your disability started.
•  Example: You become disabled at age 27. That is 6 years between age 21 and when your disability started.  You will need credits for working half of that time, or 3 years.  SSA holds that a year of work equals 4 credits, so you will need 4 x 3 or 12 credits to qualify for disability benefits.
• Age 31 or older – You will need at least 20 credits, increasing with age until the maximum of 40 (the SSA website provides another handy table to determine how many credits you need based on your age).

Insured Status

To be considered “disability insured” by SSA, you must meet two separate requirements:

•  You must earn 1 credit for each year between age 21 and when you became disabled (sometimes called “fully insured”)
• Example: You are 45 when you become disabled.  That is 24 years between age 21 and when your disability started.  You will need at least 24 credits to be considered “fully insured.”
• You must earn at least 20 credits in the 10-year period before you became disabled (sometimes called “currently insured”) 
• Example: You are 45 when you become disabled.  You were employed since age 38, resulting in 28 credits (7 years x 4 credits).  You earned more than 20 credits in the 10-year period before you became disabled, and would be considered “currently insured.”

There are separate rules for claimants with previous disabilities, claimants who are under 31, and claimants who are statutorily blind (speak with an attorney or with SSA for these specific rules).

 Credits and insured status are bars that many people would not even think about when they become disabled, but they are no less important than the medical evidence and hearing process that come later.  Knowing where you stand now can save you time and frustration later, and speaking to an attorney can be the easiest way to determine if you are eligible.

Disability Group Inc.
Disability Group Inc was founded on the principles of dignity and respect. We are a national law firm focused exclusively on helping people receive the Social Security Disability benefits they deserve. For more information about Social Security, or to see if you qualify for benefits, visit us at http://www.socialsecuritylaw.com

Social Security Disability Benefits and Eligibility in Albuquerque

What are the two different types of Social Security benefits available if I become disabled?

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are the two federal disability programs that provide assistance to people with disabilities in Albuquerque. The Social Security Administration funds both programs.

What is Social Security Disability Insurance (SSDI)?

Social Security Disability Insurance benefits fall under title II of the Social Security Act signed into law by Franklin D. Roosevelt in 1935 as part of the New Deal. This federally funded program was to provide insurance to workers who could no longer work because of old age or disability.

Who qualifies for SSDI? In order to qualify for SSDI you must have worked long enough and paid Social Security taxes. SSDI works similarly to a pension, where you pay into the plan throughout your working years.  Social Security establishes whether you have worked long enough by assigning work credits to your wages/SS taxes you paid per year.  For grown adults you need 40 work credits. Once you have 40 work credits you have “insured status.” SSDI benefits are paid to those who have been found disabled as defined by Social Security and have “insured status.”

What benefits do I receive if I’m found disabled and have “insured status”?The amount you receive each month is calculated from your previous earnings. SSDI monthly checks range from $500 to $2000. You receive these benefits regardless of whether you have other adequate resources.  Being wealthy does not make you ineligible. Also, if you have minor children they are eligible to receive benefits.

What is Supplemental Security Income (SSI)? Supplemental Security Income pays benefits based on you being found disabled and in financial need.  It is funded by general tax revenues and not by Social Security taxes. SSI falls under title XVI of the Social Security Act and is the result of Richard Nixon’s effort in 1972 to reform the nation’s welfare programs.

Who qualifies for SSI? How much do I get per month? You qualify for SSI if you are found disabled as defined by Social Security and are found in financial need. Unlike SSDI, wealth makes you ineligible for SSI. If you have $2000 in the bank or in assets, you are ineligible for SSI.  Also, your minor children cannot receive benefits under SSI. As of 2010, if you qualify for SSI you can receive up to $674 per month. Some states supplement the SSI amount.

Disability Group, Inc. was founded on the principles of dignity and respect. We are a national law firm focused exclusively on helping people receive the Social Security Disability benefits they deserve. For more information about Social Security, or to see if you qualify for benefits, visit us at www.socialsecuritylaw.com.

Why Should I Hire a Social Security Disability Attorney in Albuquerque?

Navigating the Social Security Disability process in Albuquerque, by yourself, is not easy.  Due to the various rules, deadlines and terminology, it can be a very confusing process.  However, a disability attorney has specialized knowledge in this field and is your best chance at getting your claim awarded, for several reasons.

1. First, a disability attorney will know the rules and deadlines very well.  Because they handle so many of these types of claims, they know the process inside and out.  They can make sure that your claim does not get dismissed for violating a rule or missing a deadline.
2.   Aside from knowing all of the rules and how to best navigate the disability benefits process, an attorney is a good resource to have if you want to do something like an ”On the Record” request or a “Dire Need” request.
1.  An On the Record request is a way to get your claim awarded without a hearing. 
2. A Dire Need request is a way to get your claim processed faster.  Both of these are something that can be written by an attorney, who knows what the qualifications are, and which rules and laws apply.  Additionally, sometimes judges ask for letters to support an application for benefits called “briefs”. Attorneys write these, using a combination of law, facts and argument to persuade the judge to award your claim.
3. In addition to knowing the rules and doing the writing, a disability attorney will do the work to gather evidence to support your claim. They will get records from your doctors, file your paperwork and communicate with the Social Security Administration on your behalf. 
4. And very importantly, a disability attorney will represent you at your hearing.  They will prepare you for the hearing so you know what to expect and will be there to speak to the Administrative Law Judge.  They will do all of the prep work prior to going to hearing and be able to tell the judge why you should be awarded benefits. Also, an experienced disability attorney will become familiar with the judges they interact with the most and will therefore be better prepared on how to present your claim in way that make a particular judge more likely to award it.

Finally, none of this work will cost you anything unless you win.  Disability attorneys, generally, work on a contingency basis.  This means that they only get paid if you get paid.  And the amount an attorney makes is controlled by Social Security and capped at a certain amount.  From knowing the law and the judges, doing the writing and other work on your claim, and representing you at your hearing, an attorney is your best chance to have your claim awarded.

Disability Group, Inc. was founded on the principles of dignity and respect. We are a national law firm focused exclusively on helping people receive the Social Security Disability benefits they deserve. For more information about Social Security, or to see if you qualify for benefits, visit us at www.socialsecuritylaw.com.

Improving the Speed and Quality of the Social Security Disability Process in Albuquerque

In 2008, the Social Security Administration (SSA) outlined four goals it wishes to achieve by 2013.  To those applying for disability benefits in Albuquerque, the most important goal is improving the speed and quality of the disability process.  Here are the ways that SSA is trying to meet this goal.

1.  Quick Decisions for Clearly Disabled Claimants In order to speed up the process for the most disabled claimants, SSA has established a “Quick Disability Determinations” process (QDD).  Almost 3% of new cases are identified for QDD processing and almost 96% of those cases are awarded within six to eight days.  Also, SSA’s “Compassionate Allowance” program also allows for the quick identification of individuals who are clearly disabled due to the terminal nature of their conditions.  SSA expects to be fast tracking six to nine percent of initial applications by the end of 2012.

2.  Online Filing of Disability Applications SSA has implemented an online system in which individuals can file for Disability Insurance and Supplemental Security Income benefits.  The goal is for claimants and their legal representatives to be able to conduct all of their business with SSA online.  This will reduce the demands on Social Security employees who will be able to focus on preparing the claims for adjudication.  SSA hopes to reach an online filing rate of 25% for initial applications by 2012.

3.  Timely Updating of Policies and Procedures SSA is focusing on updating their policies and procedures. For example, the Listings of Impairments is being updated to include rare diseases and conditions that represent clearly disabling conditions.  SSA is also planning to replace the Dictionary of Occupational Titles, which is relied upon in determining whether there is any work the claimant can do, with updated definitions and objective measures of requirements of work.

4.  A Common Processing System for DDS Offices SSA is working to develop a common case processing system for each of the 54 DDS offices.  Currently, each of these offices has a unique system, making any proposed changes very difficult.  A common system will promote efficiency and improved quality of the application process.

5.  Making it Easier For Disabled Individuals to Return to Work SSA is continually updating its policies to allow for easier reentry into the workforce.  It is in the best interest of all parties if a disabled individual experiences enough improvement to return to work.  However SSA understands that disabled individuals may be unwilling to risk the benefits they are already receiving when they do not know if the improvement is permanent or if they will be able to meet the demands of a particular job. 

 
The best way to ensure that your claim is handled properly is to hire an attorney. Your disability attorney will stay on top of all paperwork and requests from Social Security and make sure that all your medical records have been received. For more information, visit us at www.socialsecuritylaw.com.

The Pursuit of Social Security Benefits in Albuquerque

In the recent months, a high denial rate among those applying for Social Security Benefits in Albuquerque has been the topic of great concern. With only a 30-40% approval rate at the Initial Application, this has caused some to call the Social Security Administration's strategies a "culture of denial." Despite the high rate of denials, there are many ways to help improve your chances at success.

1. Appeal

A report published by CBS news stated that most people do not bother to appeal a denial the first time they are disapproved for benefits. With almost two-thirds of all applicants giving up after their first denial, millions of Americans who paid into the system and quite possibly were deserving of benefits, never receive assistance. While the approval rate at the initial stages is very low, there is a much higher approval rate when a claimant pursues benefits at a Social Security Disability hearing in front of an Administrative Law Judge.

2. Contact your Local Congressman

Your congressional representatives are in a unique position to assist you with your claim. Congressional representatives voice concerns about long wait times and high denial rates, which help put pressure on the Social Security Administration to improve. Recently, due to public concern and congressional inquiries, SSA changed some of their processes that were making it difficult for claimants at the hearing level. With enough public concern and the assistance of our elected officials, SSA will make changes to better the system and eventually this "culture of denial" will be transformed. If you feel that your wait time has been exceptionally long or you are in a dire situation, you can contact your local Congressman and ask them to inquire on your case. You can find your specific representatives by entering your address at http://www.congress.org.

With disability processing times often at well over a year, it is essential that you ensure your claim is being processed correctly. Hiring a Social Security Disability lawyer to handle your case will guarantee that no mistakes are made and no further delays are placed on your case. To find out more, visit us at www.socialsecuritylaw.com.

Comparing SSI and SSDI Benefits in Albuquerque

The Social Security Administration (SSA) provides benefits to disabled individuals under 2 programs:

1. Social Security Disability Insurance (SSDI)

2. Supplemental Security Income (SSI).

To qualify for either program in Albuquerque, your condition must meet the criteria the Social Security Administration has established to determine whether or not you are disabled.

SSDI is insurance you have paid into during your past employment. For SSDI you must have earned work credits. This requirement is generally met if you have worked at least 5 out of the past 10 years. You also must be a legal resident of the U.S., and below retirement age. SSDI comes with Medicare after a 2 year waiting period. SSDI also provides benefits to certain family members, while SSI does not.

SSI is similar to a well-fare based program. To qualify for SSI you cannot make more than $674 per month ($1011 for a couple). This amount varies depending on the state that you live in. You also can not have more than $2000 in resources ($3000 for a couple). Certain resources, like your home and car, are not counted. You must be a U.S. citizen (with limited exceptions), but any age may apply. SSI comes with Medicaid and starts as soon as you are approved by SSA.

It is possible to get benefits under both programs, so apply for both when filing a disability claim with the SSA. The best way to ensure that your claim is handled properly is to hire an attorney. Your disability attorney will stay on top of all paperwork and requests from Social Security and make sure that all your medical records have been received. For more information, visit us at www.socialsecuritylaw.com.

What Do I Need To Know About My Disability Benefits and Taxes in Albuquerque

Social Security payments in Albuquerque come without any taxes deducted but this does not mean that you do not have to pay taxes on the payments. Just as you pay taxes out of your paycheck from a regular employer, you have to pay taxes from your Social Security Benefits. The only difference between the two is that employers are required to automatically withhold your taxes and the Social Security Administration is not.

The amount of taxes you may have to pay is determined by annual household income.

• If you file taxes individually and make more than $25,000 a year you will be required to pay taxes on the Social Security benefits you receive.

• If you file taxes jointly and make more than $32,000 a year, you will be required to pay taxes on the Social Security benefits you receive.

Social Security does not automatically deduct taxes out of your benefit payments the way a typical employer does. If you know that you are going to exceed the amounts listed you need to contact the Social Security Administration Office and ask them to automatically deduct taxes. When requesting to have these federal taxes withheld, you will be asked if you want seven, ten, fifteen, or twenty five percent withheld for tax related reasons.

The Social Security Administration can only withhold federal taxes from your Social Security payments and does not have the authority to withhold any state or local taxes. This is because Social Security is usually issued to those with low income and is based on financial need. If you qualify for Social Security disability benefit payments, it is unlikely that you exceed the income limit for eligibility. It is recommend to contact SSA and to have them automatically withhold taxes if you know that you will exceed the taxable amounts.

Do not neglect to file your Social Security income because you make too much and have to pay taxes on your disability payments. The Internal Revenue Service will contact you and let you know that you owe taxes that you have not paid. Remember to contact the Social Security Administration Office at the end of the year, or beginning of the New Year, to request a form 1099 to report your disability earnings on your taxes. Not reporting these earnings can put you in debt with the Internal Revenue Service, and when that happens, they will garnish your regular income wages and possibly take possession of your assets. They are not allowed to garnish any of your benefit payments.

Disability Group, Inc. was founded on the principles of dignity and respect. We are a national law firm focused exclusively on helping people receive the Social Security Disability benefits they deserve. For more information about Social Security, or to see if you qualify for benefits, visit us at www.socialsecuritylaw.com