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Overview of Disability

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Mental Disability Benefits

Denials for Disability

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Disability Benefits from SSA

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Qualifications and How to Qualify

Working and Disability

Disability Awards and Notices

Disability Lawyers, Hiring Attorneys

Social Security List of Impairments

What Social Security considers disabling

Medical Evidence and Disability

Filing for Disability Benefits

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SSD SSI Definitions



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Filing for Disability Online, Work Credits, and late appeals




 
"I filed for disability online (only got through the first part) and was sent a letter saying I don't qualify based on not enough work credits. I have a condition where I can no longer work, drive, walk for long periods of time, stand for more than 15 mins at a time, etc. What do I file for then? I'm 30 yrs old and unable to work or leave the house alone. I'm at a loss. I did get a hold of a disability lawyer but when I see him, the rejection letter will be at day 57."

Your situation is a good example of why I am not in favor of filing for disability online. A large percentage of individuals who apply for disability will have an SSDI (social security disability insurance) claim. However, many will find that their claim is for title 16 SSI disability benefits only, or is concurrent, meaning that a claim is taken in both the SSDI and SSI categories. Here's the problem with that: the Social Security Administration does not allow an actual SSI disability application to be filed online. Meaning you don't get a protected filing date.

If you begin the process online and it turns out that your claim will be for SSI only, or will be a concurrent claim, you will have to speak with a CR, or claims representative at a Social Security office...which basically defeats much of the reasoning for trying to use the online process in the first place. My position is that it is usually best to speak with a claims representative at a social security office, either in person or over the phone from the very start.

As to work credits, SSDI, or social security disability, is based on insured status. Meaning that if you haven't worked long enough to be insured, or your insured status has lapsed (i.e. you have a DLI, or date last insured, that is in the past) because you haven't work enough recently, then you will only be apply to apply for SSI. However, you can only apply for SSI if you meet the non-medical requirements for SSI. SSI is need based. Because it is, not just your income but your family income (meaning yours and income from a spouse) can be used to determine if you are above the allowable limits. Additionally, unlike SSDI which is not concerned in the least with assets, SSI has an asset limit, or resource limit.

If you are not insured for SSDI because of insufficient work credits, a claim will be taken in the SSI program. From what you've said, I am assuming that one was not taken and so I have to wonder if an evaluation of your income and/or assets puts you over the SSI limits.

If you will be at day 57 by the time you see a disability lawyer, you would ordinarily want to consider sending in your disability appeal on your own to avoid missing the filing deadline. This is what I have usually told people over the phone when they were seeking disability representation but were butting up against the deadline. However, it sounds as though you have received a technical denial, one that does not involve any type of case processing. Technical denials occur when a person does not qualify for disability based on non-medical criteria alone, such as assets or earned income. It sounds as though the best approach will be to confer with the lawyer to get a better handle on your situation. Good luck with your case.















Return to:  Social Security Disability Resource Center, or read answers to Questions





























Related pages:

Tips for Social Security Disability Psychological and mental testing
How long will an SSI or SSDI disability claim take?
Social Security Award Letter and being due a substantial back pay amount
SSI disability maximum dollar amount
Possible to file for Temporary Disability Income through Social Security?
Will Carpal Tunnel Syndrome and arthritis in my hands qualify for disability?
Will working part-time affect my SSD?
How to get disability with Plantar Fasciitis
How to file for disability in Massachusetts
How to file for disability in Florida FL
Exercise can prevent disability from arthritis
Denied for disability with degenerative disc disease
Disability from IBS and other conditions
Do you apply for SSD or SSI?
Type 2 Diabetes and Filing for Disability



Information on the following topics can be found here: Social Security Disability Questions and in these subsections:

Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI


These pages provide answers to basic questions about pursuing disability benefits

My Social Security Disability SSI appeal status
Disability back pay, how it works
Eligibility criteria requirements for disability
Qualifying requirements for disability
Decision on disability case, are you eligible for a disability award
When is a Person Considered Disabled by Social Security?
Forms to appeal a Social Security Disability denial
Permanent disability benefits
How to qualify for disability with depression
If Social Security sends you to a psychiatrist
Disability denied twice
How to claim disability
How many times will Social Security deny you?
Applying for Disability with high blood pressure
Will my children get benefits if I get approved for disability?
How much time for a decision on a disability claim?
Can you work if you get an SSI disability check?
How to File for SSI
Filing for disability, how to apply for SSD, SSI
Social Security Disability SSI and Fibromyalgia
How to get disability
How to appeal a disability denial