You may ask, “Should I file for Social Security Disability?” This can be tricky. My simple answer is yes. The longer answer considers these things:
· What kind of disability benefit can you apply for?
Before SSA takes an application, they
screen non-medical rules. If you have worked long enough in recent years then,
like paying an insurance premium, you have paid taxes to have disability
insurance coverage. In this scenario, you can file for disability benefits no
matter how much money you have left over from the settlement.
The other disability program is
Supplemental Security Income. Many people call this by its abbreviation, SSI.
SSI is still a disability check. You qualify for it by being disabled plus
without financial means. At the start of the disability process, SSA will ask
you about income and resources such as bank accounts and property ownership. If
you still have money in the bank from the settlement, it is likely going to give
you financial means that disqualify you from applying.
To solve this, you can put the money
into a special needs trust or spend down the settlement and report it to SSA.
You will be eligible to apply the month after the change happened.
· How long are you going to be out of work?
In Social Security law, being a Disabled
adult means:
“You must not be able to engage in any
substantial gainful work activity because of a medically determinable physical
or mental disability(ies) that is either expected to result in death or has
lasted or is expected to last for a continuous period of at least 12 months.”
What does that mean? It means that your
ailments are going to keep you from getting back in the workforce for a minimum
of a year from when you went out of work. You do NOT have to wait a year to
file, but if you return to work before 12 months your case is going to be
denied.
·
What
if you return to work?
If your injury heals well-enough to let
you return to work in your old job, or in a new job, and you successfully go
back to work before being out for 12 months, then on the surface there is not
much to be done. SSA has a minimum duration of 12 months out of work. Our
experienced attorneys are well-versed in laws about unsuccessful work attempts,
work below the statutory limits, and work under special conditions that would
not represent a bona fide return to work.
·
What
if the doctor has released you to work but you are not able?
You should file for disability. Our
lawyers understand that Social Security is a total body review. If your doctor
was only treating your broken leg, but you also have migraines and severe
depression, then the release to work may only pertain to your leg healing. An
experienced Social Security attorney can evaluate issues like this and give you
the right answers.
If you find yourself in any of the above scenarios and need help, don’t hesitate—in North Carolina, the law firm of Hall & Rouse have practiced Social Security Disability since 1976. For representation on your Social Security Disability, call us at 1-866-425-5347.