24 2020-2022 BIAK Resource Journal
Financial Services
FEDERAL/STATE RESOURCES
Social Security Administration
The Social Security Administration (SSA) is the first resource for
anyone who has a disability for any reason including an acquired
brain injury. The two programs for support are Social Security
Disability Insurance, SSDI and the Supplemental Security
Income, SSI programs.
SSDI and SSI
SSDI is the government’s program to provide on-going financial
assistance to qualified adults who have worked long enough
and paid Federal Income Contributions Act, or FICA taxes. The
amount of the check you will receive will be based upon the
amount of time you worked and the amount of FICA taxes you
have paid into the system. There are no family income or asset
requirements to apply for SSDI and you may draw that check
until you reach your full retirement age, currently it is 66. When
you reach full retirement age, you will be switched over to the
retirement system and your check will remain the same. If you are
under age 65, you will be eligible for Medicare after you have had
SSDI for two years.
SSI is paid to disabled persons who have limited income and
resources and is paid from taxes other than Social Security. You
are only allowed to have $2,000 of resources; there are a lot of
exclusions to this rule and generally you are allowed to keep the
house you live in, the car you drive, and a burial plot. For other
income exclusions, see www.ssa.gov/disabilityssi/ssi.htms for
more information, or call your local Social Security Office or
Department of Community Based Services (DCBS) for more
information.
What is Social Security’s Definition of “Disability”?
The Social Security Administration has a very strict definition of
disability and is different from the way you or I would define it.
The SSA does not recognize “partial” disability. The decision is
based on the person’s ability to work and they do not recognize
disability findings from other entities such as other government
agencies or insurance companies. The SSA applies a five-step
test to determine if a person is disabled under the SSDI or SSI
programs.
1. Are you working (i.e., conducting “Substantial Gainful Activity”
SGA)?
If you are working and your earnings average more than $1,090
a month (2015), you will not be eligible for benefits. If you are
working and your monthly earnings do not exceed $1,090 a
month you may be eligible for benefits, but your case will be more
difficult to prove. The SSA defines “Substantial Gainful Activity”
as “any significant and productive physical or mental activity that
is done or intended for pay or profit.” If you are not engaged in
SGA, go to step two.
2. Is your medical condition “severe”?
For you to be considered to have a disability by Social Security’s
definition, your medical condition must significantly limit
your ability to do basic work activities such as lifting, standing,
walking, sitting, and remembering for at least 12 months. If your
medical condition is severe, then proceed to step three.
3. Is your disability on Social Security’s list of disabling
impairments?
Fortunately, brain injury is on that list. If the severity level of your
condition does not meet or equal the severity level of a listed
impairment, that state agency goes on to step four.
4. Can you do the work you did before?
At this step, SSA decides if your medical impairment(s) prevents
you from performing any of your past work. Or, if it doesn’t, SSA
will decide you don’t have a qualifying disability. If it does, they
will proceed on to step five.
5. Can you do any other type of work?
If you can’t do the work you did in the past, SSA will look to see
if there is other work you can do in spite of your impairment(s).
They consider your age, education, past work experience, and
any skills you may have that could be used to do other work. If
you can’t do other work, they will decide that you are disabled.
If you can do other work, they will decide that you don’t have a
qualifying disability.
When you apply for SSDI, you may find it helpful to ask an
employer, coworker, neighbor, or even a family member if they
will be willing to have their name submitted to SSA. They may be
asked to complete a form that will describe how your disability
prevents you from doing the work you did before the injury. You
also have the opportunity to have a spouse, neighbor, or coworker
to fill out a form that will help explain why your disability keeps
you from doing the work you once did and even any new work.
When Should I Apply for Disability Benefits?
It would be advisable to begin the process as soon as the patient is
medically stable and it is not too soon to apply if the person is still
in the hospital or rehabilitation facility. The reason is because the
process takes a long time and an early application will help you
avoid any months of potential eligibility.
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Federal/State Resources
/ssi.htms