If I Inherit Money Will That Affect My Social Security Disability Benefits?

Very simple answer.

If you are collecting Social Security Disabilty benefits (SSD), then your monthly benefits will not be affected by any inheritance. Since SSD is based on your work history credits, you can collect SSD benefits as long as you are disabled, even if you are a multi-billionaire.

However, if you are receiving Supplemental Security Income (SSI) then your benefits most likely will be affected. Since SSI is a needs based program, not only must you meet the Social Security criteria for disability, you must also meet the financial requirements. Depending on the amount that you inherit, these assets may disqualify you because of the financial component of the program.

What Happens At The Social Security Disability Hearing?

So you've applied for either Social Security Disability benefits and/or Supplemental Security Income and you've been denied at the Initial application, and possibly a second time at Reconsideration (if your state has this stage of the process). You've requested a hearing (likely about a year ago) and now you've been scheduled for a Social Security hearing in front of an Administrative Law Judge.

Here are a few things to prepare you for what to expect at your hearing:

• If you do not already have an experienced Social Security disability attorney, it's time to strongly consider getting one. If you have an experienced representative, they should be able to answer all of your questions; from what to wear to the hearing, to what type of questions to expect from the judge. Not to mention, they will hopefully present your case in an organized manner that shows the judge that you meet the Social Security definition of disability.
  
• Unlike most other legal proceedings, Social Security's new rules prohibit claimants from knowing who the Administrative Law Judge is ahead of the hearing.
  
• Social Security hearings are pretty informal, nothing like you're accustomed to seeing on Court TV or the news. Typically, the only people in the hearing room are the judge, a reporter who types what is being said, the claimant and if you are represented, your representative. It's also common for the Administrative Law Judge to request that a vocational expert and/or a medical expert testify at the hearing.
  
• In my experience, most hearings last about 45 minutes to an hour. I've had hearings that have lasted much less and hearings that have lasted much longer. But, in general, if you are represented by an experienced representative or Social Security attorney, you should expect your hearing to last close to an hour. From my experience of sitting in Social Security waiting rooms, hearings where the claimant is unrepresented rarely last longer than 30 minutes.
  
• The Administrative Law Judge rarely issues a decision the day of the hearing. This doesn't mean it never happens, but it's not common practice. So, don't go to the hearing expecting to have a final answer to whether or not your application for disability is being approved or denied. If you do not receive a bench decision (a decision the day of the hearing), you will have to wait to receive your written decision in the mail. The time frame to receive a decision varies by judge, some judges get their decisions sent out within a few weeks and unfortunately I've had judges that take up to three months to issue their decision.
  
• The main purpose of the hearing is for the claimant to testify. The majority of the time spent in the hearing room is spent with the judge asking the claimant questions and if you are represented by someone, having your representative ask you questions to inform the judge of important details.
  
  
• If you've been scheduled for a hearing, then read this article about common Social Security disability mistakes that are easily fixed.

If you are scheduled for a hearing then you likely have already waited at least eighteen months since the day you first applied for disability benefits. That's why I will repeat my suggestion that if you do not already have an experienced Social Security disability attorney, it's time to strongly consider getting one.

Is My Social Security Statement Available Online?

About two years ago Social Security stopped sending annual Social Security statements to those who are under the age of 60. In all honesty, it wasn't a bad idea since most people usually ignored these statements and treated them similar to the typical junk mail you would get each day.

However, your Social Security statement includes lots of useful information if you intend on filing for retirement or Social Security Disability benefits.

According to Social Security your online statement provides:

• Estimates of the retirement and disability benefits you may receive;
• Estimates of benefits your family may get when you receive Social Security or die;
• A list of your lifetime earnings according to Social Security’s records;
• The estimated Social Security and Medicare taxes you’ve paid;
• Information about qualifying and signing up for Medicare;
• Things to consider for those age 55 and older who are thinking of retiring;
• General information about Social Security for everyone;
• The opportunity to apply online for retirement and disability benefits; and
• A printable version of your Social Security Statement.

To get your Statement online, you must first create a my Social Security account. Once you have an account, you can view your Social Security Statement at any time. 

My Doctor Says I Am Disabled, Why Did Social Security Deny Me?

It happens at least a couple of times a week. A person calls and is perplexed as to how Social Security could deny their SSD or SSI application even though their doctor, or doctors say that they are disabled.

The truth is, although it's certainly helpful to have a doctor on board and willing to support your assertion that you are unable to work, the majority of doctors do not know Social Security's definition of disability.

There are certainly doctors out there who understand the Social Security disability process, but there are also a lot of doctors who do not know the slightest thing about Social Security, what the requirements are to qualify for Social Security disability and many that do not even know that such a program exists. Unfortunately, often these doctors tell their patients information that is inaccurate and then the disabled individual is left with misconceptions about the Social Security disability process.

My recommendation is if you have a disability or disabilities that prevent you from working go to your doctors for medical treatment. But, when you are prepared to apply for either Social Security Disability or Supplemental Security Income you should reach out to an experienced Social Security disability lawyer in your area.

I'm A Veteran and Receiving Veterans' Benefits, Do I Also Get Medicare If I'm Disabled?

If you are a Veteran and already receiving health benefits from the VA (Veterans Affairs) then you may be wondering what happens if you are awarded Social Security Disability benefits and become eligible for Medicare.

When you receive Social Security Disability benefits (SSD) you automatically become eligible for Medicare two years from the date you become eligible for benefits. I've had clients who are worried that this will affect the medical treatment that they have been receiving from the VA or affect their eligibility to continue receiving treatment from the VA Hospital or VA clinic.

This Medicare pamphlet has a lot of useful information that may answer many of the questions that you have. The chart on pages two and three of that pamphlet explains who pays first when you have another form of health coverage; whether it be Medicaid, a group health plan through work, VA benefits, Workers' Compensation or several other forms of medical insurance coverage.

According to the information provided by Medicare, if you are entitled to VA benefits and Medicare then you are entitled to both:

If you have or can get both Medicare and Veterans’ benefits, you can get treatment under either program. When you get health care, you must choose which benefits to use each time you see a doctor or get health care. Medicare can’t pay for the same service that was covered by Veterans’ benefits, and your Veterans’ benefits can’t pay for the same service that was covered by Medicare. To get the Department of Veterans Affairs (VA) to pay for services, you must go to a VA facility or have the VA authorize services in a non-VA facility.

Medicare also gives this example:

Bob, a veteran, goes to a non-VA hospital for a service authorized by the VA. While at the non-VA hospital, Bob gets other non-VA authorized services that the VA won’t pay for. Some of these services are Medicare-covered services. Medicare may pay for some of the non-VA authorized services that Bob got. Bob will have to pay for services that Medicare or the VA doesn’t cover.

How Do I Find Out My Date Last Insured?

If you plan on filing for Social Security Disability benefits then an important thing to know is your date last insured.

The easiest way to find your "date last insured" or "DLI" is to call Social Security by calling 1-800-772-1213.

If you are unsure what Date Last Insured is, then you can read what date last insured means.