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Social Security’s “cost-of-living adjustment” (COLA) for 2023 changes

Posted December 20, 2022 by Premier Disability Services, LLC®

Social Security’s “cost-of-living adjustment” (COLA) for 2023 increases disability payments for SSDI and SSI recipients by 8.7%, the largest increase since the early 1980s. This means that the average monthly SSDI payment for 2023 will increase by $119 and the maximum SSI benefit will go up by $73.

SSDI Changes for 2023

Monthly benefit amount. Social Security disability insurance (SSDI) payments have increased by 8.7% for 2023. Social Security expects the average monthly SSDI benefit to be $1,483 in 2023, but the most anyone can receive will be $3,627 per month (there is no minimum amount).

Benefit amounts for dependents. Benefit amounts for the spouses and children of disabled workers have also increased by 8.7%. The average amount received by a married disability recipient with one or more children in 2023 will be $2,616.

SSDI limits on income. Social Security won’t consider you for SSDI benefits if you’re making more than $1,470 per month from working (up from $1,350 in 2022). But if you’re legally blind, you can make up to $2,460 per month. These are the “substantial gainful activity” (SGA) limits.

SSDI limits on “unearned income.” The SSDI program has no limits on income like gifts, interest income, or unemployment benefits. SSDI recipients aren’t subject to an asset limit either. That’s because SSDI is an insurance program that people pay into out of every paycheck.

Number of work credits. To be “insured” (eligible) for SSDI, you must have paid into the system for a number of years, either by paying FICA taxes in a job covered by Social Security or by paying self-employment taxes. Social Security keeps track of how much you’ve worked by giving you credits for each calendar quarter you worked. The number of work credits you need varies for people of different ages, but to give you some examples, a 50-year-old needs 28 credits (7 years) and a 60-year-old needs 38 credits (9.5 years) to qualify for SSDI.

Income per credit. The amount of income needed to earn a credit for a calendar quarter of Social Security coverage has increased in 2023, to $1,640, but you can only earn four credits per year.

SSI Changes for 2023

Federal monthly payment. The new federal payment for disabled SSI recipients is $914 per month. For married couples who live together and who both receive SSI, the monthly payment is $1,371. You’ll receive less if you receive free room or board from friends or relatives, or if you make any income.

State supplementary payments. Many states add on a small state supplement to the federal amount, at least for some SSI recipients. Some states have increased the supplement amounts for 2023, but many have not.

SSI initial income limit. When you apply for SSI, you can’t be making more than $1,470 per month from working. If you’re legally blind, you can’t be making more than $2,460 per month. These are the substantial gainful activity limits.

After you’ve started receiving SSI benefits, you’re no longer prevented from making above $1,470 (or $2,460 for those who are blind or have low vision). But a different income limit does apply (it’s about $1,900 per month).

SSI income limit after approval. The SSI income limit applies after you’ve started receiving benefits. Any income you have (earned income like wages or unearned income like gifts) over $914 will reduce your benefit. But Social Security doesn’t count over half of the income you receive from work. In 2023, for example, if you make $915 per month and you live on your own, your federal SSI benefit would be reduced to $500 per month. The more you make, the lower your SSI benefit will be.

Student income exclusion. For students who receive SSI, Social Security will ignore $2,220 of income per month, up to an annual limit of $8,950.

SSI asset limit. The resource limits for SSI haven’t changed for many years: $2,000 for an individual and $3,000 for a couple.

Am I Injured or Disabled?

Posted December 14, 2022 by Premier Disability Services, LLC®

Social Security’s definition of disability separates itself from being that of a basic injury. The basic definition of disability is the inability to perform work at above a certain level of income due to impairments that have lasted or can be expected to last for at least 12 months.[1]

The hard part of the definition is predicted that your condition can be expected to last for at least 12 months. You may find that you have broken a bone and that a doctor has told you that it will never be the same again. Or you may have experienced a heart attack and had a permanent stent placed into your heart. Either way, you experienced some serious illness or injury and it has affected your ability to work.

It is nearly impossible to tell whether a person will have the same function after an injury or an illness as before. Some people may make a full recovery and never be limited again! Other times you may have some limitations for the rest of your life.

To find out more about whether your injury could actually be considered a disability, call Premier Disability Services today!


[1] See 20 CFR § 404.1505(a)

By: Devon Brady of Premier Disability Services, LLC®

Social Security Announces Increase to Fee Cap for Social Security Disability Representatives

Posted November 29, 2022 by Premier Disability Services, LLC®

For the last thirteen years, the maximum fee allowed by the Social Security Administration (SSA) under the fee agreement process has been $6,000.  SSA has recently announced an increase to the maximum fee allowed under the fee agreement process.  Effective November 30, 2022, the maximum fee a representative can charge will be raised to $7,200. 

The Social Security Administration cited multiple reasons for increasing the fee cap; including the cost of living adjustment (COLA) rates, inflation, PIA data, and feedback from Social Security representatives.  Notably, while there is often an annual cost of living adjustment for Social Security disability beneficiaries, the November 2022 fee cap increase will be only the third of its kind in the last twenty years. 

The new fee cap applies to any case that is decided favorably on or after November 30, 2022, regardless of when that case was filed.  Many representatives have “escalator” language built into their fee agreement that expressly allows for payment of the increased fee cap.  In particular, our firm’s fee agreement specifically states that we are charging a fee equal to the lesser of 25% of a client’s back pay award or the maximum amount allowed by the Social Security Administration.    

If you have a pending claim for Social Security Disability benefits, or you are getting ready to file a claim for benefits, it is likely that the new fee cap will apply to your claim.  If you have any questions about the increase to the fee cap, your appointed representative will be able to assist with you. 

By: Devon Brady of Premier Disability Services, LLC®