Factors that May Affect Social Security Disability Claims

Published: 21st February 2011
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Disabled workers can receive Social Security Disability Insurance (SSDI) if they are suffering from a long-term disability that prevents them to work or reduces their earning capacity. But before they can be eligible for this benefits, they should have contributed enough taxes during their past employments.
Meanwhile, those who have not contributed Social Security taxes may file Supplemental Security Insurance (SSI) which is also a federal program that provides monetary assistance to disabled people.
But unlike SSDI, SSI only provides benefits to people who have a limited source of income.
Benefits that may affect SSDI and SSI claims
Disabled individuals who are filing SSDI and SSI claims should know that certain benefits can affect their eligibility or the amount of claims they might receive.
• Unemployment benefits
Filing for SSDI or SSI support while receiving unemployment benefits is usually frowned upon by Social Security Administrative Judges who may find this as rather inconsistent.

Since SSDI and SSI claims are only intended for disabled individuals who are not capable of working, judges may perceive that a person who is receiving unemployment benefits is still able to work or plans to find a new job.
• Worker’s compensation and other state disability benefits
These benefits may affect the eligibility of a person to receive SSDI and SSI claims. According to the Social Security Administration (SSA), a person may not receive disability claims if he is receiving worker’s compensation, disability insurance paid by employers, and other states disability insurance if these exceed 80 percent of his latest monthly earnings before becoming disabled.
• Pensions from a work that is not covered by Social Security
If a person is receiving pensions from a work for which he did not contribute Social Security taxes (e.g. certain state and local pension systems, federal civil service system, and nonprofit organizations including those from foreign governments), it is most likely that his SSDI or SSI claims will be reduced.

Benefits that will not affect Social Security disability programs
• A person receiving SSDI can file SSI without affecting his eligibility. This is also the case if he is receiving SSI then files for SSDI claims.
• Veterans Administrative benefits
• Benefits provided by the state and local government that are earned after a person has contributed Social Security taxes
Receiving disability benefits while working
If a person receiving disability benefits goes to work, his claims may be suspended if his job is considered a substantial gainful activity (SGA).
SGA, which is the earning limit that makes a person still eligible for disability benefits, depends on the nature of his medical condition. But usually, SGA is higher for blind individuals compared to non-blind claimants.
In 2010, the monthly SGA for blind individuals is $1,640 while the limit for non-blind people is $1,000.

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Source: http://mesrianilaw2.articlealley.com/factors-that-may-affect-social-security-disability-claims-2052978.html


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