Sunday, May 20, 2018

GREAT NEWS FOR VETERANS

The law permits disabled veterans to receive both VA benefits and Social Security disability benefits.  The two programs do not offset or interfere with each other at all.

If you are a recently disabled veteran, you should apply for Social Security disability now.  You may eligible to receive more than $2,500 per month in addition to your VA benefits.

Even if you are not yet discharged from active service, Wounded Warrior provisions make it possible to apply for SSDI benefits now.  You should let your advocate or attorney know if you have a VA disability rating, as this may speed up and help with your SSDI claim.

Your military pay may not interfere with SSDI eligibility.  However, if you are working a non-military job after leaving the service, you may not be eligible for SSDI benefits.

My office handles a lot of veterans claims and we will work with you to determine the benefits you can qualify for.  Call us for a free consultation at no obligation. 

THE FORSYTHE FIRM
7207 Old Madison Pike - Suite 108
Huntsville, AL 35806

PH (256) 799-0297
 

OUR WEBSITE 


 

Monday, May 7, 2018

HOW MUCH MONEY CAN YOU HAVE AND GET DISABILITY?

How much money can you have in the bank and still get Social Security disability benefits?

ANSWER:  There is no limit to how much money you can have and still receive SSDI benefits from Social Security.


Social Security disability benefits are not means tested.  A beneficiary is not required to be poor or have limited financial resources to receive SSDI benefits.

The confusion arises because of SSI or "Supplemental Security Income" (Title 16), which is a type of welfare and does restrict income.  SSI, however, is a separate program and is not Social Security Disability (SSDI).

SSDI, the regular disability program, is under Title 2.  It is based on FICA taxes paid by the worker into the Social Security trust fund.  These taxes are used to insure the covered worker against disability.  Since it is an insurance contract with the US Government, it does not require that a person have restricted wealth or low income to get a benefit.  So, an individual could have a million dollars in the bank and still qualify for SSDI (because he paid for it).

However, if an individual has not worked and paid into the Social Security trust fund, he is not covered by SSDI.  If this individual applies for an SSI benefit under Title 16, he would be restricted to no more than $2,000 in assets and would also have to have a very limited income.  ($2,000 is the limit for a single individual; a couple may have $3,000).

So, the first thing to determine is this:  Are you applying for SSDI (Title 2) or SSI (Title 16)?  That will answer the question as to whether there are any income/wealth restrictions.

NO with Title 2 or SSDI.

YES with Title 16 or SSI.

ARE YOU COVERED BY SOCIAL SECURITY?

Not everyone is covered by Social Security disability.  The Social Security Act covers only workers who have earned enough work credits to be insured.

In 2018, one work credit is earned for any calendar quarter in which the worker earns wages of at least $1,320.  For example, if you earn wages of $1,320 between January 1, 2018 and March 30, 2018, you receive 1 quarter of coverage.

For past years, the amount of earnings for one quarter of coverage would be less.  For instance, in 1990, you were only required to earn $520 for 1 credit of work.  In 2000, this was $780.  If you go back to 1978, the amount was only $250.  So, the amount of work needed for 1 quarter of coverage varied year to year.

Most people need 40 quarters of work to be covered by Social Security disability.  Thus, out of the most recent 10 year period, an individual should have worked 5 years.

Disability coverage can disappear.  Many people don't realize that work credits disappear over the years if they stop working.  

Take the case of Madge, who began working right out of high school in 1972.  By 1978, she had enough work credits to be covered by Social Security disability insurance.  But in 1979, Madge stopped working to raise a family.  On December 31, 1984, Madge became uninsured for disability benefits. She lost her work credits.
"But I know someone who never worked a day in his life and he gets a Social Security check every month...."

This is possible because Social Security operates a program called Supplemental Security Income or SSI which does not require work credits.  But this is NOT the Social Security disability program (SSDI).  SSI is a type of welfare program that provides benefits for persons of very low income who are either elderly or disabled.  The benefits under SSI are much lower than under Title 2 or SSDI.  

What is the maximum monthly benefit under Title II or SSDI?  The answer is $2,788.

What is the maximum monthly benbefit under SSI?  The answere is $759.