QUICK DISABILITY DECISIONS AVAILABLE (FOR SOME)

Compassionate allowances permit Social Security to approve claims quickly (often in a week or less) for applicants suffering from one of 200 incurable diseases.

On December 6, 2012, Social Security Commissioner Michael Astrue met in the Hart Senate Office Building in Washington D.C. to announce reaching the milestone of 200 diseases that now qualify for a speedy compassionate allowance approval.

In order to qualify, an applicant must have one of the 200 illnesses on the list.  There are still many incurable and tragic diseases that are not on the list and thus do not qualify for the rapid award of benefits.  However, the program does provide very quick approval for thousands of applicants each year who suffer from one of the 200 conditions listed.

To see the complete list of diseases which qualify for a speedy compassionate allowance disability award, go to the following website:

 http://www.ssa.gov/pressoffice/pr/compassionate-allowances200conditions-pr.html

 

NOT COVERED BY SOCIAL SECURITY DISABILITY?

Social Security disability is an insurance plan mandated and paid for by the US Government under the Social Security Act.  Like any other insurance plan, it is funded by "premiums" or payments made to the Social Security Trust Funds.  In the case of disability insurance, it is paid for by FICA taxes.  The employee has taxes deducted from his/her wages, then the employer matches that tax and pays into the Social Security Disability Trust Fund.  

In order to have current disability insurance with Social Security, the worker must have worked long enough and paid enough FICA taxes to be insured.  The worker must have accumulated a sufficient number of "Quarters of Work" to be insured.  For most workers over age 40, the worker must have worked at least 4 out of the last 10 years to be covered.  Rules are different for very young workers.

Social Security disability insurance (SSDI) is often referred to as Title II (two).  SSDI does not require a claimant to be poor, have limited income or limited financial resources to be eligible for benefits.  There is no "means testing" as such.  Dependents may also be eligible for benefits under the primary worker's SSDI.  A disabled or blind widow or widower age 50 or over may qualify for benefits under the deceased spouse's SSDI.

If the claimant does not have sufficient Quarters of Work to be covered for Title II (SSDI), he is limited to filing for Supplemental Security Income or SSI, which is called Title XIV (16).  There are strict income and resource restrictions for SSI.  Therefore, SSI is often thought of as a type of "federal welfare."  Individuals as well as dependents may be eligible for SSI benefits, even if there is no coverage for SSDI or Title II.

In order to get SSDI or SSI benefits, the applicant must prove that he/she is blind or disabled under Social Security rules, which are very strict.  Most applications are denied and the claimant must appeal, have the claim reviewed more closely by an administrative law judge, and attend a hearing to get paid benefits.  A qualified representative can be of great assistance in obtaining a favorable result at these hearings.  And you cannot be charged a fee for representation until you win and collect your benefits.

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SOCIAL SECURITY vs. EMPLOYER'S DISABILITY PLAN

Social Security disability covers almost every worker in the United States.  It is mandated by federal law and paid for by taxes deducted from the workers' wages, matched by tax paid by the employer.  Therefore, Social Security disability (SSDI) is often the only disability benefit available to a worker who becomes unable to work before retirement age.

In some cases, employers may provide private disability insurance other than Social Security.  I highly recommend that workers enroll in employer sponsored disability plans whenever possible.  There are two big reasons:

1.  It is very difficult to be approved for Social Security disability.  The rules are very stringent and your disability may be covered by a private insurance plan even when it is not covered by Social Security.

2.  It takes a long time to get Social Security benefits approved. We see claims take up to 3 years or longer sometimes.  SSDI never covers the first 5 months of a disability.  And they never cover an impairment that doesn't last at least 12 straight months.  Private insurance plans can often start payments much quicker and may help out until Social Security can be approved (if it ever is).

Most private disability plans merely provide "stop gap" disability coverage until the disabled worker can obtain Social Security benefits.  But this can be very important.

The time to check on what kind of disability insurance you have (or don't have) is now--before you need it.  A good rule of thumb is:  You generally cannot buy insurance when you really need it. 
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THE FORSYTHE FIRM           
Huntsville, AL 35806
(256) 799-0297

https://forsythefirm.wixsite.com/website