KBAR Legal Services, LLP2024-03-07T23:27:41Zhttps://www.kbarlegal.com/feed/atom/WordPress/wp-content/uploads/sites/1103024/2023/03/cropped-ID-image-32x32.jpgOn Behalf of KBAR Legal Services, LLPhttps://www.kbarlegal.com/?p=472972024-03-07T23:27:41Z2024-03-07T23:27:41ZSocial Security Disability
A disability is a condition that makes it difficult or impossible for an individual to perform daily tasks. Alzheimer’s disease is considered a disability because all people afflicted with the condition will be unable to live without assistance at some point. This is why Alzheimer’s disease is included in the Social Security Administration’s list of qualifying neurological and mental disorders. This means a person diagnosed with the condition should be able to qualify for Social Security Disability benefits.
Compassionate Allowances
Many Alzheimer’s patients are denied SSDI benefits even though the SSA classifies the disease as a qualifying condition. Denials are especially common when individuals suffer from early-onset Alzheimer’s and have mild symptoms. To help Alzheimer’s patients who wish to apply for or have been denied benefits, the SSA has added early-onset Alzheimer’s to the list of conditions that qualify for its Compassionate Allowances initiative. This program provides expedited processing of applications for disability benefits received from individuals who suffer from conditions that clearly meet SSA standards. Early-onset Alzheimer’s qualifies for the initiative because the disease has no cure and its symptoms become progressively worse over time.
Help for Alzheimer’s patients
Alzheimer’s disease is a debilitating condition that becomes worse as time progresses. This is why the SSA has included the condition in its list of qualifying neurological and mental disorders. To help Alzheimer’s patients who apply for or have been denied SSDI benefits, the SSA has also added early-onset Alzheimer’s to the list of conditions that qualify for its Compassionate Allowances initiative.]]>On Behalf of KBAR Legal Services, LLPhttps://www.kbarlegal.com/?p=472942024-02-19T19:34:19Z2024-02-19T19:34:19ZIndependent living
People on the autism spectrum find it difficult to fit in at work as they tend to take things quite literally and often fail to pick up on banter and misinterpret small talk. However, autistic workers are often a fit for repetitive jobs that others could find boring. They are also reliable, diligent and honest. The Yale Medicine Child Study Center has developed a system that uses virtual reality to tach autistic children social skills and prepare them for the workplace and dating scene. This approach has been successful when parents encourage their children and have conversations with them about uncomfortable subjects.
Disability benefits for autistic children
The Social Security Administration stops paying disability benefits to parents when their disabled children reach the age of 18, but autistic children may qualify for disability for adult children. These payments are based on the contributions made by parents, so an autistic adult who became disabled before the age of 22 may receive benefits even if they have no work history. To receive Disabled Adult Child SSDI benefits, the child, grandchild, stepchild or step grandchild must be over the age of 18, unmarried and have a qualifying disability. Autism is considered a qualifying disability.
Making life easier for autistic children
Autistic children face many challenges when they become adults and attend college or enter the workplace. Researchers have found that combining candid conversations with virtual reality therapy can make this transition easier.]]>On Behalf of KBAR Legal Services, LLPhttps://www.kbarlegal.com/?p=472912024-02-19T05:15:30Z2024-02-19T05:15:30ZThe difference between SSDI and SSI
To receive Social Security Disability payments, you must have earned enough credits for the insurance to cover you. Typically, you must have at least 20 credits and have worked full-time for five of the previous 10 years. That requirement varies according to age and other conditions. For SSI, you must meet the maximum income threshold of $943 for an individual and $1,415 for a couple per month. You may be able to receive SSI payments even if your total income is higher than those amounts because not all income is considered. A couple's earned income can be up to $2,400 per month before SSI benefits terminate.
You can access both benefit types under specific circumstances. When approved for SSDI, you may also receive concurrent SSI if you have minimal sages or have worked infrequently during the past several years. The total income, including SSDI, must be less than the current monthly SSI payment level. Note that all of your income may not count, and the value of the property you may own may also affect any SSI payout.
Applying for benefits
Many people find the application processes for SSDI and SSI confusing. The Social Security Administration has strict rules that applicants must follow closely to gain approval. Many claims are initially denied. However, that doesn't mean you have to accept the agency's decision. Often, applicants miss essential information on their claims forms, which results in denial.
Taking your time and ensuring you have all the necessary information on your form is essential for approval. If your claim is denied, you can go through hearings with the SSD Appeals Council and, if necessary, the SSD Federal Court of Appeals to plead your case for benefits.]]>On Behalf of KBAR Legal Services, LLPhttps://www.kbarlegal.com/?p=472892024-02-07T20:06:34Z2024-02-07T20:06:34ZIncome calculations for tax purposes
Calculating your taxable income is straightforward but involves a few steps. If you have unearned income from gifts, investments, inheritances or the like, you might want to contact an accountant for additional guidance. The steps to calculate your taxable income are as follows:
Add this result to your annual income earned from other sources.
Compare that calculated taxable income to the appropriate base amount presented in the following section.
You probably won't have to pay taxes if your calculated taxable income is below the federal base amount.
If your calculated taxable income is more than the federal base amount, you probably will have to pay taxes on a percentage of your SSDI benefits.
Determining the maximum taxable portion of annual SSDI benefits
The amount of taxes due depends on your marital status. Married couples filing a joint return must include their spouse's income when determining their calculated taxable income. The percentages depicted below are not tax rates; they are the percent of your SSDI benefits subject to taxation.
Single individuals or married couples filing separately
The three calculated taxable income ranges and the maximum taxable portion of the annual benefits are as follows:
Income: $0 - $25,000 Maximum taxable portion of SSDI: 0%
Income: $25,000 - $34,000 Maximum taxable portion of SSDI: 50%
Income: Over $34,000 Maximum taxable portion of SSDI: 85%
Married couples filing jointly
The three calculated taxable income ranges and the maximum taxable portion of the annual benefits are as follows:
Income: $0 - $32,000 Maximum taxable portion of SSDI: 0%
Income: $32,000 - $44,000 Maximum taxable portion of SSDI: 50%
Income: Over $44,000 Maximum taxable portion of SSDI: 85%
You may want to file a tax return even if you don't have to. Contact an accountant to see if you qualify for a child or earned income tax credit.]]>On Behalf of KBAR Legal Services, LLPhttps://www.kbarlegal.com/?p=472812024-01-29T07:05:55Z2024-01-29T07:05:55ZSSA sometimes is responsible for overpayment issues
In some instances, the SSA has taken the blame for overpayments. There are several reasons for this:
Complex rules that confuse current applicants and those who are applying
Adjustments haven’t been made for several years regarding what beneficiaries can own and save
Beneficiaries submit data about their income, savings, etc. and there are lags when it comes to doing background checks in the system
The SSA doesn’t have enough staff to keep up with the workload and they do much of their work by hand
Appealing repayment rulings
It’s important to keep in mind that there have been notices sent out by mistake. In addition, judges will sometimes overturn a repayment ruling based on the details of the individual’s case. This is especially likely if the person genuinely did not understand the Social Security Disability rules or had unusual circumstances with no advice on how to deal with matters that resulted in extra income.
No one who is struggling financially and can’t make enough income due to age or disability should have an additional burden put on them from accidental overpayments. If you’ve received an overpayment notice, it’s a good idea to find out why this has happened.]]>On Behalf of KBAR Legal Services, LLPhttps://www.kbarlegal.com/?p=472782024-01-15T00:02:11Z2024-01-15T00:02:11ZReasons that SSD applications are denied
Receiving a rejection for your application for Social Security Disability can be pretty devastating. While there is a chance to apply again, it's best to avoid the common issues that lead to such denials in the first place. This can include:
errors on the application
failure to appeal a denial correctly
your income level is too high
your work history is insufficient
insufficient medical records
disability is judged to not be long enough
your medical condition does not qualify
While some of these may be harder to change than others, things like application errors can certainly be corrected during the appeal process. Don't give up.
Signs you will be approved
While many applications and appeals are denied, you shouldn't be entirely negative about your prospects. Many SSD applications are successful. If you are worried about your application, there are signs you should be aware of that indicate your may be approved for SSD. This includes:
you see a specialist for your disability
you have been hospitalized for your disability
your job is physically demanding
you are over the age of 50
you do not have an advanced education
you have a chronic condition like Multiple sclerosis
you have the proper records and paperwork documenting your condition
While success is not guaranteed, having some or even one of the conditions listed above will greatly improve your chances of being approved for the program. If you are denied, make sure to follow the appeal process correctly. Many appeals are successful.]]>On Behalf of KBAR Legal Services, LLPhttps://www.kbarlegal.com/?p=472752023-12-28T07:00:47Z2023-12-28T07:00:47ZWhat is SSDI and COLA?
Cost of Living Adjustment (COLA) is a legislation that counteracts inflation. You can also define COLA as an increase made to SSI and Social Security. It is typically equal to the CPI-W percentage increase for a given period. SSDI is a law designed to aid individuals incapacitated by serious injuries or enduring medical conditions.
Expected SSDI benefits in 2024
The expected rise in the maximum monthly Social Security Disability payout for 2024 will be from $914 to $943. Hence, an SSI beneficiary with a qualifying spouse will receive a maximum payout of $1,415. While this increase is certainly notable, it falls short when compared to the 9% surge in 2023.
SSDI resembles retirement benefits as it's funded through payroll taxes allocated to Social Security trust funds. This benefits over 11% of all US claimants. Your past earning history directly affects your eligibility and benefit levels.
Are you eligible for SSDI?
Social Security disability is set to keep your life running even when you can't work anymore. It provides you with medical coverage and financial support until you can return to work. However, applying for and receiving approval for these benefits can be a challenge.
You have an option of appealing in court if the SSA denies your first application. A reliable legal representative determines the success of your appeal in court.
Every worker who makes contributions to Social Security is eligible for the benefits when needed. However, factors like work credit and medical requirements may determine your qualifications.]]>On Behalf of KBAR Legal Services, LLPhttps://www.kbarlegal.com/?p=472722023-12-20T02:46:37Z2023-12-20T02:46:37ZSSDI in early adulthood
Individuals who wish to apply for SSDI in their 20s to 30s need to meet specific eligibility criteria that might make it harder to qualify than those in older age brackets. You must also have accumulated enough work credits over your working life to be eligible for SSDI benefits.
The number of work credits required varies depending on your age bracket. For example, if you are younger than 24 years, you may need as few as six credits to qualify for SSDI. Once you reach 31 years old, you may need 20 work credits and must have earned them within the last 10 years before your disability.
Mid-career age bracket
At this phase of your work life, from your 40s to 50s, you may need periodic medical reviews if you want to qualify for SSDI. However, as you age, the requirements become more flexible and accommodating. If you can still work but not in your former field or previous capacity, you may receive partial SSDI benefits to supplement your work income.
Heading toward retirement age
Known as the Rule of 55, people in the 55-to-59 SSDI age bracket have a jump in approval rate to approximately 57% for SSDI compared to younger age groups, which have a 42% to 49% chance of getting approved for benefits. As you approach retirement age, you must consider transitioning from SSDI benefits to Social Security and what changes, if any, will occur. Regarding health coverage, you may also need to understand the Medicare program and navigate how it will interact with your SSDI benefits as retirement approaches.
Many individuals receive a denial of their initial SSDI application. You can appeal against this decision and increase your odds of success if you become familiar with the ins and outs of the appeals process before engaging in a formal appeal. For those who receive approval, some programs offer incentives for returning to work, and you may be able to take advantage of these programs without losing your SSDI benefits.]]>On Behalf of KBAR Legal Services, LLPhttps://www.kbarlegal.com/?p=472692023-12-13T06:39:53Z2023-12-13T06:39:53ZWhat is unearned income?
Social Security divides income into two categories. Earned income is any income that’s earned through work. Unearned income is any income that comes through other means. This includes investment income, rental income, pension or retirement benefits, gifts, and inheritance. Any type of unearned income can have an impact on an individual’s social security disability benefit payments.
What is the impact on SSDI?
When an individual receives Social Security Disability (SSD) benefits, their unearned income gets taken into consideration when determining their monthly benefit amount. But, their unearned income isn’t taken directly from SSD benefits.
Instead, the Social Security Administration (SSA) calculates a separate adjustment factor to account for any unearned income that exceeds a specified limit. The amount that’s remaining gets deducted from SSD benefits.
What are the reporting guidelines?
When individuals receive SSD benefits, changes to monthly unearned income should get reported to the SSA. This includes reporting any income received from sources like rental property, investments, or an inheritance.
Social Security Disability rules regarding unearned income can seem confusing. But, with the right planning, individuals can avoid issues with their disability payments.]]>On Behalf of KBAR Legal Services, LLPhttps://www.kbarlegal.com/?p=472662023-11-30T05:29:16Z2023-11-30T05:29:16ZMedical requirement
Your injury or illness details are pivotal in determining if you are eligible for Social Security disability benefits. The Social Security Administration has a list of impairments, called the "blue book," that automatically qualifies individuals for disability benefits. These include physical and mental health issues such as cancer, heart disease, depression and anxiety disorders.
If your condition is not listed in the blue book, you can still qualify for benefits if you can show that it is severe enough to prevent you from working. This involves providing medical evidence, such as doctor's reports, test results and treatment history. Make sure to gather every document that can support your claim and present it clearly to the Social Security Administration.
Work history requirement
The Social Security Administration (SSA) will also look at your "work credits" to determine if you have worked long enough and recently enough to qualify for benefits. Typically, you need 40 work credits, with a minimum of 20 earned in the last ten years. Younger workers may qualify with fewer credits depending on age when they become disabled.
Keep in mind that work credits are only earned through working and paying Social Security taxes. So, check ot make sure your employer has been accurately reporting your wages to the Social Security Administration.
At the end of the day, every employee who contributes to the Social Security program has the right to receive disability benefits if they become unable to work due to a severe medical condition. If the SSA denies your first application, rest assured that you can appeal up to the federal court level to get the benefits you rightfully deserve.]]>