The Social Security disability program is part of the federal government. It is governed by the Social Security Act, the Act as amended in 1974, and thousands of pages of rules and regulations in the Code of Federal Regulations. Also, there are dozens of federal court rulings and Social Security rules (SSRs) that govern exactly what, when, and how things happen.
Obviously, we can only deal with a few technical high points here. But here are a few things you will always encounter when you file a Social Security claim.
DATE LAST INSURED (DLI) - This is the date on which your coverage under Social Security disability expired (past) or will expire (future). If you stopped working more than 5 years ago, you probably are no longer covered by the government's disability program. Like all insurance plans, you must pay into Social Security to continue coverage. You pay into it by payroll deduction (FICA tax). Check to see if your DLI has already occurred before you file. Note: Supplemental Security Income (SSI) is a type of welfare plan and does not require any work history at all.
ALLEGED ONSET DATE (AOD) - This is the date that you allege disability began. This is probably the date you will ask Social Security to pay benefits back to. Some points to consider when choosing your AOD:
- You were not working at substantial gainful activity at the AOD.
- You have not worked at substantial gainful activity since the AOD.
- You had a disabling medical impairment at the time of the AOD.
- The AOD should be more than 12 months prior to filing the application.
SUBSTANTIAL GAINFUL ACTIVITY (SGA) - This is how Social Security defines full-time work. It is defined in the regulations as "activity that is substantial and gainful." That's creative! In 2020, work is "substantial and gainful" if you earn at least $1,060 per month (gross). A job with this amount of earnings disqualifies you from any disability benefit. So, your AOD cannot be in any period where you wee earning $1,260 or more each month from employment or self-employment.
THE DURATION TEST - Social Security will not pay for any short term disability. Any disability lasting less than 12 straight months is exempt. So, only file for disabling conditions that are expected to make you unable to work any job for at least 12 straight month. (You do not have to wait 12 months to file).
WHAT DOES 'DISABILITY' MEAN TO SOCIAL SECURITY? For individuals under the age of 50, "disability" means the inability to work any job for 8 hours per day, 5 days per week. It doesn't matter if you can't work your regular job or any of your past jobs. If Social Security believes you can adapt to an easier job, with less standing, lifting, bending, etc., they will find you not disabled. For example, your regular job was in construction where you were on your feet 8 hours a day and lifted up to 100 pounds. You can't do that work any more. However, Social Security may find that you can do the work of a document preparer, sorter, hand packager, garment tagger, or food and beverage order clerk. Thus, they would deny the claim. For persons over age 50, you may only have to prove that you cannot perform any of the work you have done during the most recent 15 year period (the relevant period).
THE WAITING PERIOD. Social Security pays no SSDI benefit during the first 5 months of a qualified disability. For example, if you are found to have become disabled on June 5, 2020 your first payment won't be due until December, 2020. The check won't arrive until January, 2021 because they pay one month in the arrears.
DECISIONS RESERVED TO THE COMMISSIONER. Only the Commissioner of Social Security may say whether a claimant is disabled or whether he or she is able to work. Doctors often make these statements, but they are found inadmissible because the decision is reserved exclusively to the Commissioner. It's better if your doctors states your functional limitations - how long you can sit, stand, walk; lifting limits, restrictions of bending, kneeling, reaching, handling, etc. Doctors should avoid statements like, "It is my opinion that this patient is disabled and cannot work."
Social Security disability is terribly complex and technical. Knowing how to prove that you meet all the regulations and rules is important if you win your case. That's why unrepresented claimants have such a hard time.
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THE FORSYTHE FIRM IN HUNTSVILLE
CALL (256) 799-0297
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