We Fight For Your Legal Rights!   Call For Free Consultation      (813) 873-0180

Do People Need To Quit Their Jobs In Order To Receive Disability Benefits?

You do not need to quit your job but working does send a red flag to Social Security and usually will result in a denial, at least at the initial and the reconsideration levels. If you are working and earning money, they look more into that to see if you are voluntarily limiting the amount of income that you are earning to try to qualify for disability. My advice is if you can work, you are always better off to work than you are to be on social security disability. So, it is more of a natural process.

Does Someone Have To Be Permanently Disabled To Receive Social Security Disability Benefits?

The regulations state that you have to be disabled or expect to be disabled for a period of at least twelve consecutive months. So, it is not necessarily permanent, but it is a period of twelve months or more. You may be entitled to dependent benefits for your children if they are under the age of nineteen and still in school for the DIB claim, which is Title II. For the SSI claim (Title XVI), there are no dependent benefits.

Can I Get Social Security Benefits If I Have A Criminal Record?

Yes, but not while incarcerated. The general rule is that if you have a felony conviction, it does not have an impact on your social security or the SSI benefits but there are a few exceptions. You are not entitled to receive social security disability benefits if your disability arose or was made worse while you were committing a felony or if your disability arose or was made worse while you were imprisoned in a jail, prison or a correctional facility for a felony conviction or if you made yourself a widow or an orphan by killing your spouse or a parent.

Can I Receive Both SSI And SSDI Benefits?

Yes! You can if your DIB, which is Title II, amount is lower than the current SSI allowed amount, which for 2016 is $733 for an individual or $1100 for a couple. That amount normally changes every year but for this year, that is what the numbers are, so if you get DIB or Title II and your monthly amount is less than $733 as an individual or less than $1100 as a couple, then you could qualify for SSI as well, depending on your overall resources as well.

What Is A Compassionate Allowance? How Does Someone Qualify For Such A Program?

It is a program that Social Security instituted a few years ago and it is a way of quickly identifying diseases or other medical conditions that are known to qualify under the listing of impairments based on pretty minimal objective medical information. It allows social security to really focus in on those type of cases that are really obviously disabled. It is not a separate program from disability, from the SSI or the DIB but it is a procedure that you can go through and ask for a compassionate allowance. Some examples of compassionate allowance are acute leukemia, different types of cancers like esophageal cancer or adrenal cancer. There is also one listed for idiopathic pulmonary fibrosis.

There is quite a list of them that you can get it for, but it is a way to kind of try to expedite the process when it is clear that the person should be getting disability and you do not have to go through quite as many hoops as you do for the normal disability process. They could actually get their decision in a matter of weeks instead of months or years. It depends on a lot of different factors, one of those is how quickly they can obtain the medical evidence from a doctor or the other medical sources. Whether a medical examination conducted by Social Security is necessary to support the claim and then there is also the chance that if your claim is randomly selected for quality assurance to review the decision that could delay it a little bit longer even if it is a compassionate allowance.

Does Someone Receive The Same Disability Benefits After Reaching The Age of 18 That They Received As A Minor?

There are rules and guidelines for what we call a child disability versus adult disabilities. Usually at age eighteen or nineteen, depending if the child is still in high school after age eighteen, they will pull it up for review. That does not mean that the benefits will discontinue, but they do what is called a continuing disability review to ensure that the disability is continuing and also to ensure that they meet the qualifications under the adult disability standards because they are a little bit different in some cases than they are for the children’s disability.

For more information on Social Security Disability Benefits, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling below.

Get your questions answered – call us for your free consultation

franco law telephone icon

Call For Free Consultation

(813) 873-0180

Thank you!

Skip to content