In most states, if you do not agree with the reconsideration decision the Social Security Administration made on your application for benefits, you may request a hearing before an Administrative Law Judge, a legally experienced official who presides over hearings and administrative appeals of Social Security Administration decisions.

You can apply for retirement, disability, Medicare and spouse’s benefits online (socialsecurity.gov), in person (at a Social Security office) or by telephone (800-772-1213). You will be asked to complete a benefit application, which asks detailed questions about work history, medical history, and current treatment.

The individual making the claim for disability benefits.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Social Security Administration released an initiative in which certain extreme conditions are designated for fast-track consideration for disability benefits. This is important because an initial application for benefits generally has a hold-time of six months before a determination is made. Two examples of compassionate allowance conditions are Huntington’s chorea and use of continuous home oxygen. If you have your claim flagged for a CAL condition, you could receive a determination as soon as one month later.

The Social Security Act requires that the SSA periodically update records and review the disability status of beneficiaries and recipients to ensure that you continue to be disabled and thus eligible for disability payments. These reviews (pulled randomly about every seven years) are called Continuing Disability Reviews (CDRs) and apply to those receiving both SSDI as well as SSI. These reviews can be based on either substantial medical improvement or work activity.

First, to clarify, DLI has nothing to do with whether you have health insurance. Instead, it is a term that the Social Security Administration (SSA) uses to determine when your eligibility for Social Security Disability Insurance (SSDI) benefits runs out. To be eligible for SSDI benefits, you must have 20 of the last 40 quarters of work covered. In other words, you must have a currently insured status, which generally runs out five years after you stop working and paying Social Security taxes.

An official letter from the Social Security Administration explaining its decision on your disability benefits, and, if benefits are payable, spelling out the amount you will get each month.

When the SSA determines the eligibility and amount of payment for an SSI recipient, it also considers the income and resources of people responsible for the recipient’s welfare. This concept is called “deeming.” There are three main situations where income and resources are “deemed”: from an ineligible spouse to an eligible individual; from an ineligible parent(s) to a child; or, from a sponsor to an alien.

Benefits for those who have not yet reached full retirement age, but who have physical or mental limitations that prevent them from doing substantial work for twelve months or longer.

“The inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.”

When you file an application for Social Security Disability benefits, your case is reviewed by your local Social Security Field Office. If you meet the nonmedical requirements (insured status for SSDI, and below income and resource limits for SSI) for either type of disability benefit, your case is then transferred to this state agency, which works closely with the Social Security Administration to review applications for disability benefits. DDS is the entity that makes the medical determination on your claim.

If you had your disability benefits terminated due to work earnings, and then subsequently had to reduce your work below Substantial Gainful Activity (see SGA) or end employment as a result of your impairment, you can get benefits reinstated through this quicker and easier process. EXR is only available if applied for within five years of the initial termination of benefits. While a formal determination is pending, you may be eligible for provisional benefits (that will never be considered an overpayment) for up to six months.

Supplemental Security Income (SSI) is a “need-based” program funded by general tax revenue designed to provide a minimal level of income to those disabled persons in financial need. It is intended to supplement any income individuals already possess, thus the dollar amount received every month can vary substantially for each person. However, the Federal Benefit Rate is the maximum dollar amount that an individual or family can receive in SSI cash benefits from the federal government. States have the option to then supplement the FBR for SSI recipients.

The cost of certain impairment-related items and services required by individuals in order to work are deducted from gross earnings in calculating SGA. The cost of IRWE expenses can be deducted from gross earnings during the initial application process, enabling individuals to meet the SGA requirement. In order for the expense to be deductible it must be related to the work activity and paid for by the recipient.

An official compilation, by the Social Security Administration, of impairments considered severe enough to prevent an individual from doing any substantial gainful activity. These impairments, which can be found at www.ssa.gov, are listed by each major body system.

The government health insurance program for individuals 65 and older, as well as some others, including those receiving Social Security disability benefits for two years or more.

Since Supplemental Security Income (SSI) benefits are needs based, the Social Security Administration must annually update a recipient’s income, resources, and living arrangement information to insure continued financial eligibility for SSI benefits. These are non-medical reviews.

It is the policy of the SSA that every legally competent beneficiary or recipient has the right to manage his or her own cash benefits. However, when there is evidence that an individual is not able to manage or direct the management of benefit payments in their best interests, representative payment may be made. Benefits are then paid to a third party for the use and benefit of the beneficiary.

In most states, this is the first step in challenging an adverse decision on an initial application for benefits. It is generally a paper review of the claim by an examiner at DDS.

This is an individual’s remaining ability to function in the workplace despite limitations from disabling conditions. An RFC is assessed based on medical and other evidence and the physical, mental, and sensory requirements of work.

A United States government agency that administers social insurance programs, including Social Security, Supplemental Security Income and enrollment in Medicare. Previously operating under the Department of Health and Human Services, the SSA has operated as an independent agency since 1994. The headquarters are in Baltimore, and local field offices are in all 50 states and U.S. territories.

People are often surprised to hear that they can continue working and apply for and/or receive disability benefits. However, there is a maximum amount that you can make. SGA is defined as the performance of significant physical or mental duties for pay on a sustained basis. In 2014, the SGA limit is $1,070, gross, a month for an individual with a disability other than blindness and $1,800 for statutorily blind individuals. If you are considered to be engaged in SGA or you make above the $1,070 or $1,800 limit, you will be considered technically ineligible for disability benefits.

A specialized physician or psychologist who treats your for your disabling condition and the form he/she completes regarding your ability to work. The TSDS is arguably the most compelling evidence you can submit to support your claim for benefits.

The Social Security Administration encourages an individual to work, if possible. Accordingly, individuals receiving Social Security based on disability are entitled to a nine-month TWP, which provides opportunities to test work skills while maintaining full benefit checks. During the TWP, the restriction on substantial gainful activity is not enforced.

If you attempt, but cannot sustain substantial gainful activity (SGA) for more than six months, it will be considered an unsuccessful work attempt, as long as the termination or reduction of hours is due to your impairment or the removal of special conditions. In other words, that period of work over the SGA limit will not be detrimental to your application.

Most ALJ’s request the presence of a VE at a hearing. A VE is a government-paid occupational expert who can testify to the type of skill and exertion required to perform your previous job or any other jobs in the national or regional economy to determine if any work is available to you.