What Is the Asset Limit for Social Security Disability Insurance Benefits?

Posted October 25, 2022 by Premier Disability Services, LLC®

The Social Security disability insurance (SSDI) program has no asset limit—but, the Social Security Administration (SSA) operates two separate disability programs.

One program is SSDI (often just called “Social Security disability”) and the other is SSI (Supplemental Security Income). To be eligible for SSDI, a worker has to pay FICA taxes into the Social Security system for many years. (Or someone who is self-employed has to pay self-employment, or SECA, taxes for many years.) To be eligible for SSI, someone has to have low income and assets (which the SSA calls “resources”).

Asset Rules for Social Security Disability

Social Security disability is a benefit that workers pay for, and qualify for, through the tax contributions they pay into the Social Security system. So the SSDI program does not limit the amount of cash, assets, or resources an applicant owns. An SSDI applicant can own two houses, four cars, and have $1,000,000 in the bank and still qualify for benefits.

The SSDI program also doesn’t have a limit to the amount of “unearned income” someone can bring in; for instance, rent from rental property or dividends from investments. (But, an applicant who earns more than a certain amount of wages or “earned income” by working in a job, managing a business, or being self-employed won’t qualify as disabled because Social Security will find that person capable of working.)

Asset Rules for SSI Disability

The rules for SSI are completely different. SSI is a need-based program for those living in poverty. To be eligible for SSI, an individual has to have low income (generally under $900 to $1,700 per month) and low assets (less than $2,000). For couples, the asset limit is $3,000.

Certain assets don’t count toward the limit, including one car and one house. For more information on what assets count for SSI purposes, see our article on the SSI property limit.

Contact us today for a free, no-obligation evaluation!

 

How Returning to Work Affects your Disability Determination

Posted October 13, 2022 by Premier Disability Services, LLC®

Disability determinations are tied to one’s ability to do work, so returning to work could naturally impact one’s disability claim. However, that impact could range from none to total preclusion of that claim. Determining how a return to work could affect your claim requires understanding an important term: “substantial gainful activity”.

What is substantial gainful activity and why is it important?

When employment results in income over a particular limit, it is considered substantial gainful activity. That limit is $1,350 per month as of 2022, though it is subject to change every year. Why does this matter?

Disability claims are evaluated using a five-step process. The first step requires determining if, using the income limit described above, the claimant had engaged in substantial gainful activity after their alleged onset date. If they had not, their claim proceeds to the next step in the evaluation. This is true even if the claimant had returned to work, so long as their income was not high enough to be considered substantial gainful activity.

What if I have substantial gainful activity?

If a claimant returns to work, and that work is considered substantial gainful activity due to the income limit described above, it often precludes their disability claim. This means they will be found “not disabled”. However, there are two exceptions to this: unsuccessful work attempts and sheltered working environments.

Exact definitions of those terms are outside the scope of this writing. Generally, however, if a claimant was employed for six months or less and that employment was terminated due to their impairment, that employment will be considered an unsuccessful work attempt and will not impact their disability determination. If the claimant can show that their employer altered their job environment and/or responsibilities to accommodate their impairment, their employment may be considered a “sheltered working environment” and will not impact their disability determination.

What if my employment was not an unsuccessful work attempt or in a sheltered work environment?

Before addressing this topic, notice that this scenario assumes that: (1) you have returned to work after your alleged onset date; (2) your income is higher than the substantial gainful activity level described above; and (3) you have worked, or intend to work, longer than six months and do not work in a sheltered work environment. If all of these conditions apply, you must adjust your alleged onset date to a date following termination of your employment. If you do not, or if you cannot due to continued employment, you will be found not disabled at the first step of the claim evaluation process.

If you would like to complete a free, no-obligation evaluation, contact our office today!

By: Devon Brady of Premier Disability Services, LLC®

5 Ways to Improve your Social Security Disability Claim

Posted September 30, 2022 by Premier Disability Services, LLC®

One of the biggest complaints we hear from our clients is how long the process of receiving Social Security Disability benefits can take.  A harsh reality of filing for Social Security Disability is that it is a long and tedious process.  The most important thing to remember is, whether your claim takes two months or two years, you want the final decision to be an award of benefits.  Below are five methods of improving your claim so that you have a better chance at being awarded.

 

  1. Go to the Doctor

When you file a claim for Social Security Disability, you are alleging that you are unable to work due to a severe medical impairment.  Social Security (SSA) uses your treatment records to determine the severity of your condition.  It is very important to maintain regular treatment for two main reasons: 1) SSA may view your lack of treatment as evidence that your condition is not as severe as you allege and 2) treating on a frequent basis means there will be more objective evidence supporting your claim.

Remember, if SSA does not feel they have enough medical evidence to make a decision, they may schedule you for an examination with a doctor they hire.  These examinations can be very brief and unsupportive to your claim.  Your likelihood of being awarded is much greater if you have supportive findings from a treating physician.

 

  1. Obtain a Supportive Doctor’s Statement

To be found disabled, you have to prove both that you have a severe medical condition and that condition prevents you from performing the functional requirements of competitive employment.  Medical records alone may be insufficient in establishing the functional limitations resulting from your condition(s).

A medical source statement (MSS) is a form that details the specific functional limitations resulting from your impairments.  A supportive MSS from your treating physician is a crucial piece of evidence because it helps Social Security translate your medical records from that provider into functional limitations.  This is key in supporting your claim.

 

  1. Promptly Return Paperwork

After you file an application for Social Security Disability, you will receive a series of forms to complete and return to SSA.  These forms may include an Adult Function Report, Work History Report, and/or Third Party Function Report.  These forms may seem repetitive and unimportant.  In fact, these forms are extremely important to your claim.

A failure to complete these forms could result in delaying your claim or even being denied.  Once you receive these forms, take the time you need to complete them accurately.   However, it is important to understand that these forms are integral to the processing of your claim.  The longer it takes you to return them, the longer you will have to wait for a decision.

 

  1. Submit an Accurate Application

The initial application for Social Security Disability includes a section where a claimant is required to provide treatment/doctor information.  Inaccurate or incomplete information in this section is one of the most common mistakes unrepresented claimants make.  This is also one of the most common reasons unrepresented claimants are denied.

SSA requires medical records supporting your disability.  They request your medical records based on the information you provide on your initial application (or your reconsideration appeal).  If you fail to provide them with enough information, they simply will not obtain your records and you will be denied.

If you are considering filing an application for Social Security Disability benefits, we strongly encourage you to have your treatment information readily available; including doctor’s name, facility name, address, phone number, and when you started treating there.

 

  1. Hire a Representative

Hiring a representative to assist with your Social Security Disability claim has many benefits.  Most notably, an experienced representative will be able to work with you to complete items 1-4 of this list.  Our firm has an entire department of experienced Application Technicians whose sole responsibility is filing accurate applications for our clients.

In addition, our Case Management Department is always available to assist you with completing forms.  We also attempt to obtain a supportive medical source statement for every client to improve their chances of being awarded.  Finally, should your claim reach the hearing level, our hearing department will work with your treating facilities to obtain updated medical records.  Hiring a company experienced in navigating the Social Security process greatly improves your chances of winning.

If you would like to complete a free, no-obligation evaluation contact our office today!

By: Devon Brady, Premier Disability Services, LLC®