Lebanon Social Security Disability and Supplemental Security Income Lawyers

What you Need to Know About Social Security in Lebanon, PA

The Social Security Administration has two programs that provide disability benefits to an individual who suffers from a serious physical or mental condition that has lasted 12 months, is expected to last 12 months or ultimately results in death.

What is Social Security Disability Income (SSDI)?

The first program is Social Security Disability Income (SSDI). SSDI is for individuals who have earned enough work credits based on their past employment and payments into his or her FICA contributions.

What is Supplemental Security Income (SSI)?

The second program is Supplemental Security Income (SSI). SSI is a needs-based program for individuals who do not qualify for SSDI, but are still unable to work due to their serious physical or mental condition.

The Difference Between SSDI and SSI?

While there are complex distinctions between the two programs, which are better reserved for discussion with an experienced attorney, the primary distinction is monetary.

Monetary

• SSDI: Specifically, SSDI may pay more in monthly benefits than SSI, as your benefit payment is based upon how much you paid into social security during your employment.
• SSI: SSI is a needs-based program, the monthly benefits are capped at what is known as the “Federal Benefit Rate.” For 2023, the “Federal Benefit Rate”, which changes annually is $914 for an eligible individual and $1,371 for an eligible individual with an eligible spouse.

Length of Qulification

• SSDI: There is a difference between how long you qualify for SSDI benefits, as you must be found to be disabled within your “date last insured” which is approximately five (5) years after you stop paying into social security.  In addition, if you are awarded SSDI benefits, and you have dependents, they may qualify to receive auxiliary / derivative benefits in addition to your monthly benefit.
• SSI: SSI benefits, on the other hand, can be awarded to someone who has never worked, or someone who has only worked on a part-time basis.

Substantial Gainful Activity

In addition to having a serious physical or mental condition under either the SSDI or SSI program, the individual must also be unable to engage in “substantial gainful activity” as a result of his or her physical or mental condition.

“Substantial gainful activity” in simple terms refers to your ability to earn a certain amount per month based upon your employment. Social security will measure your ability to work by looking at an individual’s gross (pre-deductions) monthly earnings.

The Social Security Administration sets the substantial gainful activity amount each year. If an individual earns more than the substantial gainful activity amount, it will affect that individual obtaining SSDI benefits. For the 2023 year, the substantial gainful activity amount is:

• $2,460 for blind individuals
• $1,470 for non-blind individuals

For SSI, social security does not count the first $85 you earn per month, however, your benefit amount for SSI will be reduced 50 cents for every dollar you earn over $85.

Can Children Obtain Disability Benefits in PA?

Children can also obtain disability benefits if he or she suffers from a serious physical or mental condition that has lasted 12 months, is expected to last 12 months or ultimately results in death.

The standard for a child to receive benefits is different then it is for individuals over 18 years of age, as social security looks at the child’s ability to function in certain areas, as opposed to their ability to work.  Social security will consider the income and resources of the family members living in the child’s household, which can affect a child’s ability to obtain benefits.

Disabled Adult Child Benefits (DAC)

There is a second program through which your child may receive what is referred to as disabled adult child benefits, or DAC benefits, if one of the child’s parents are deceased, or receiving benefits, and is also dependent upon the age of the child.

The SSDI and SSI Process

Step1: File an Application

The process for obtaining SSI and SSDI benefits for adults and children both start by filing in application for benefits. We can assit you in filing your application over the computer or by telephone.

At the initial application level, the Social Security Administration will ask you to fill out a number of different forms and may send you to a medical professional at one of several locations for a second opinion, or what they refer to as a consultative exam. Social security will also obtain your medical records from your medical providers, and may contact you to ask for updated information regarding your conditions.

The initial application process typically takes between 3 and 5 months.  Thereafter, the local office will make a decision on your case.

What if My SSDI or SSI Request is Denied?

Step 2: File an Appeal

The majority of cases at the local level are denied. This should not discourage you from filing an appeal. An individual has sixty (60) days from the date of his or her denial to appeal the denial of their initial application.  This first step in the appeal process is called a Petition for Reconsideration.

The process involved in a Petition for Reconsideration is similar to the initial application process, as you will be required to complete a number of forms, social security will request updated records, and social security may send you for a second opinion.  This part of the process in obtaining benefits also takes between 3 and 5 months.

What if My Petition for Reconsideration in Denied?

Step 3: Request for a Hearing with an Administrative Law Judge

If you receive a denial of your Petition for Reconsideration the next step is to file a Request for a Hearing with an Administrative Law Judge.  You will have sixty (60) days to file this appeal.

When appealed, the matter gets sent to  a hearing office and an Administrative Law Judge (ALJ) is assigned to your case. The hearing office will schedule a hearing “de novo” with an ALJ, who will make a brand new decision in your case, as the ALJ is not bound to the decision on your initial application.

The time between an initial denial and a hearing before the ALJ can vary between 12 to 18 months.  At present, you can have your hearing with an ALJ held in person, by phone or by video.

The Decision Process

Step 1: When an individual finally reaches his or her hearing date with the ALJ, the disabled individual will be required to present his or her case and answer questions from the ALJ.

Step 2: The ALJ will then conclude the hearing and make a determination on the case based on the testimony at the hearing and the medical records in the individual’s file.

Step 3: If benefits are granted, the case is returned to the local office for calculation of payment. If benefits are denied, an individual can appeal further to the Social Security Appeals Council, the United States District Court or re-file with the local office.

As highly experienced SSDI and SSI lawyers in Lebanon County, Buzgon Davis thoroughly understands how to present your case to the ALJ. We have a passion for obtaining the best possible outcome for every client we represent.

How Buzgon Davis Can Help

The professional social security disability lawyers in Lebanon and Palmyra at Buzgon Davis can help you through the appeals process if your local office denies your benefits. Contact us today for assistance.

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