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Social Security Disability Benefits While Incarcerated and On Release

Can I Still Get Social Security Disability Benefits While I am Incarcerated? Your SSDI benefit payments are suspended once you are convicted and incarcerated for more than 30 days.  Even though you cannot receive SSDI benefit payments due to incarceration, your spouse and children continue to receive their SSDI payments as long as they are eligible. Your SSI benefit payments…

How Do I Get My Medical and Other Records from Social Security?

This article discusses when you should make a request evidence in your Social Security claim file and how to access your records at Social Security. When Should You Request Your Social Security Disability Records? When you apply for Social Security disability, you can submit medical records you have obtained to Social Security so that they can add them to your…

What is Non-Medical Evidence and How is it Considered in a Social Security Disability Claim?

Social Security considers “evidence” to be anything submitted to your claim file related to your disability claim, including medical and non-medical evidence. Having medical evidence is critical to proving your disability claim and, in fact, you must first have medical evidence from an acceptable medical source to establish you have a medically determinable impairment (MDI). After an MDI is established,…

How Do I Apply For Social Security Disability And What Information Do I Need?

Once you have made the decision to apply for Social Security disability, you will want to complete the application as soon as possible to shorten your wait to receive benefits after you are approved for disability. If you are thinking about filing for disability in the near future (six months for SSDI and two months for SSI), you can let…

When Should I Apply for Social Security Disability?

Deciding when to apply for Social Security disability can be a very difficult decision to make for many people. First of all, be honest with yourself about your abilities and limitations. You are the one who knows what your body can handle both physically and mentally. You know whether it is feasible for you to work given your impairments. Secondly,…

How Do I Handle a Social Security Overpayment?

Take Action to Avoid Being Overpaid To  avoid being overpaid,  report all changes to your financial, marital, or living situation to Social Security. Also, inform Social Security if your disability has improved to the extent that you are attempting to work. If you notice a change in the amount of your monthly checks and you did not receive an explanation…

Can My Use of Drugs or Alcohol Affect My Disability Claim?

Use of drugs and alcohol can affect your disability claim if it is a medically determinable impairment (MDI) that meets certain drug addiction and alcohol (DAA) criteria. By law, a person cannot be approved for Social Security disability benefits if DAA exists and is material. First of all, Social Security must decide whether drug and alcohol use is DAA. To…

Why Hire a Disability Lawyer?

Every person has the right to be represented in his or her disability case before Social Security. It is your choice whether you file the disability application and pursue appeals on your own or whether you hire a disability lawyer to represent you. A disability lawyer provides advice and guides you through the administrative process. Disability lawyers know the Social…

Can a Veteran be Approved for both Social Security Disability and Veterans (VA) Disability Benefits?

Yes. Veterans can be approved for both Social Security disability benefits and VA disability benefits.  However, you must file for each benefit program and qualify under each program’s different rules. What is required to meet SSA’s disability insured status? You must have disability insured status before you can qualify for Social Security disability benefits or SSDI. Generally, you have to…

Can I get both unemployment and Social Security disability benefits?

Yes, it is possible for you to receive both unemployment benefits and Social Security disability benefits (SSDI). Unemployment and SSDI benefits provide financial support to those who are not working, but the rules for these programs differ greatly.  There is a contradiction in applying for and receiving both unemployment benefits and SSDI benefits.  When you apply for unemployment benefits, you…

What Are Childhood Disability Benefits (CDB) and do I qualify?

Childhood disability benefits (CDB) are benefits available to a qualified disabled “adult child” whose disability began before they became 22 years old.  CDB benefits are considered a “child” benefit because they are based on the Social Security Disability Insurance (DIB) record of a parent.  The parent must have earned sufficient credits to qualify the child for DIB benefits.  A parent’s…

Does my child qualify for Supplemental Security Income (SSI)? Part 2

A child can get monthly SSI payments if he or she has impairment(s) that meets Social Security’s definition of “disabled” for children, and meets age and financial requirements. Impairment(s) must cause “marked and severe functional limitations” in order to be found disabling.  We began our discussion about child SSI in part 1 which is available at https://cardealawgroup.com/articles. Today, we unpack…

Does my child qualify for Supplemental Security Income (SSI)? Part 1

A child can get monthly SSI payments if he or she has impairment(s) that meets Social Security’s definition of “disabled” for children, and meets age and financial requirements. A disabled child who is receiving SSI payments can also get, depending on the State, supplemental payments from the state, Medicaid, Supplemental Nutrition Assistance Program (SNAP) benefits, and other social services. These…

Can I Work While I Am Receiving Disability Benefits?

Yes, you can do a limited amount of work and still get disability benefits.  The Social Security Administration (SSA) encourages work activity and there are special program rules and work incentives that help you try to return to work while still receiving monthly disability payments.   If you try to work but have to stop working because of your disability,…

Do I need to be fully insured to get Social Security benefits?

Yes, as a general rule you must be fully insured under the Social Security program before most benefits can be paid.  That means you must have worked both long enough and recently enough to qualify for disability benefits.  In most cases, you must be fully insured and have earned at least 20 credits during the last 10 years. Exceptions apply…