Social Security Disability Lawyer

What Are My Rights as a Social Security Disability Recipient?

Social Security Disability (SSD) is a federal program that provides financial assistance to individuals who are unable to work due to a disability. The program is administered by the Social Security Administration (SSA).

Definition Of Social Security Disability (SSD)

SSD is defined as the inability to engage in any substantial gainful activity (SGA) due to a medically determinable physical or mental impairment that is expected to last for at least 12 months or result in death.

Purpose Of SSD Benefits

The purpose of SSD benefits is to provide financial support to individuals who are unable to work due to a disability, so that they can maintain a basic standard of living.

Eligibility Criteria For SSD Benefits

To be eligible for SSD benefits, an individual must meet the following criteria:

• Be unable to engage in any SGA due to a medically determinable physical or mental impairment.
• Have worked long enough and recently enough under Social Security to qualify for benefits.
• Have a disability that is expected to last for at least 12 months or result in death.

Rights Of SSD Recipients

As an SSD recipient, you have certain rights, including the right to:

Right To Receive Monthly Benefits

You have the right to receive monthly SSD benefits if you meet the eligibility criteria. The amount of your benefit is based on your work history and the severity of your disability.

Calculation Of Benefits

Your SSD benefit amount is calculated based on your average indexed monthly earnings (AIME). Your AIME is the average of your highest 35 years of earnings, adjusted for inflation.

Payment Schedule

SSD benefits are paid on a monthly basis. The payment date is the same day each month, and it is based on your date of birth.

Cost-of-Living Adjustments

Your SSD benefit amount is adjusted each year to keep up with the cost of living. The adjustment is based on the Consumer Price Index (CPI).

Right To Medical Care

As an SSD recipient, you have the right to medical care through Medicare and Medicaid. Medicare is a federal health insurance program for people who are 65 or older, or who have certain disabilities. Medicaid is a state-federal health insurance program for people with low incomes.

Coverage Under Medicare And Medicaid

Medicare and Medicaid cover a wide range of medical services, including doctor visits, hospital stays, prescription drugs, and mental health care.

Access To Specialized Treatment

If you have a disability that requires specialized treatment, you may be eligible for coverage through the Medicare or Medicaid programs.

Assistance With Medical Expenses

If you have medical expenses that are not covered by Medicare or Medicaid, you may be eligible for assistance from the Social Security Administration.

Right To Work

As an SSD recipient, you have the right to work if you are able to do so. The SSA has a number of programs that can help you return to work, including work incentives programs, trial work periods, and substantial gainful activity (SGA) limits.

Work Incentives Programs

Work incentives programs are designed to help SSD recipients return to work without losing their benefits. These programs include the Ticket to Work program, the Social Security Work Opportunities and Protections Act (WOPA), and the Impairment Related Work Expenses (IRWE) program.

Trial Work Periods

Trial work periods allow SSD recipients to try working for a period of time without losing their benefits. During a trial work period, you can earn up to a certain amount of money without affecting your SSD benefits.

Substantial Gainful Activity (SGA) Limits

SGA limits are the amount of money that SSD recipients can earn from work without losing their benefits. The SGA limit for 2023 is $1,470 per month for individuals and $2,460 per month for blind individuals.

Right To Appeal SSD Decisions

If you are denied SSD benefits, you have the right to appeal the decision. The appeals process includes a reconsideration process, an administrative law judge hearing, an Appeals Council review, and a federal court review.

Reconsideration Process

The reconsideration process is the first step in the appeals process. You can request a reconsideration within 60 days of receiving the denial notice.

Administrative Law Judge Hearing

If your reconsideration request is denied, you can request an administrative law judge hearing. The hearing is held before an administrative law judge who will review your case and make a decision.

Appeals Council Review

If you are dissatisfied with the decision of the administrative law judge, you can request an Appeals Council review. The Appeals Council is a group of experts who will review your case and make a final decision.

Federal Court Review

If you are dissatisfied with the decision of the Appeals Council, you can file a lawsuit in federal court.

Right To Representation

You have the right to be represented by an attorney or advocate throughout the SSD application and appeals process.

Legal Representation

If you are unable to afford an attorney, you may be eligible for free or low-cost legal representation.

Advocacy Services

There are a number of organizations that provide advocacy services to SSD recipients. These organizations can help you with the application process, the appeals process, and other issues related to your disability.

Support Groups

There are also a number of support groups available for SSD recipients. These groups can provide you with emotional support and information about your rights and benefits.

Right To Confidentiality

Your personal information is confidential and will not be shared with anyone without your consent.

Protection Of Personal Information

The SSA has a number of policies and procedures in place to protect your personal information.

Privacy Laws And Regulations

The SSA is subject to a number of privacy laws and regulations that protect your personal information.

Importance Of Understanding SSD Rights

It is important for SSD recipients to understand their rights so that they can access the benefits and services that they are entitled to.

Resources For SSD Recipients

There are a number of resources available to SSD recipients, including:

• The Social Security Administration website
• The National Disability Rights Network website
• The National Organization of Social Security Claimants' Representatives website
• The Social Security Disability Advocacy Center website

Encouraging Advocacy And Empowerment

SSD recipients are encouraged to advocate for their rights and to empower themselves by learning about their benefits and services.