If you would like to contact your Advocate, or hear a status update on your case, please call us at (877) 218-5017.

You can also reach out to your Advocate through Freedom Square, a unique website created specifically for our customers. You will receive an email invite to Freedom Square after completing the initial interview with your Freedom Disability Advocate.

While in Freedom Square, customers can:

• Contact their Advocate directly through email
• Receive a status update on their disability case
• Talk with other Freedom Disability customers
• Apply for prescription card discount

…and much more!

Find out for yourself by visiting Freedom Square today. If you would like to use Freedom Square, but did not receive the email invite, please call (877) 609-7724 and someone will be able to assist you.

Social Security Disability Application Process

Summary: In order to receive Social Security Disability Insurance (SSDI) benefits, you must apply and have the application approved by the Social Security Administration (SSA). There are four opportunities to win that approval:

• Initial Application
• First Appeal / Reconsideration
• Second Appeal / Hearing
• Third Appeal / Appeals Council

In order to qualify for Social Security Disability, you must have a medical condition which prevents you from engaging in Substantially Gainful Activity (SGA) and you must meet the work history and other requirements laid out by the SSA.  Freedom Disability has helped thousands of people to successfully apply for benefits.  Contact us today to find out if you may be eligible by calling toll free (866) 761-5942 or by clicking here and sending us a request to review your disability eligibility.

Initial Application

3 to 6 month average wait period | 35% of applications from all sources approved nationally

• Freedom Disability will guide you through the process of completing the initial Social Security disability application and a detailed Activities of Daily Living Questionnaire as well as any additional required paperwork.
• A doctor will verify information in your application and must be able to confirm that the disabling condition will last at least twelve months.
• The Disability Determination Services (DDS) located in your state will make the initial disability determination. They collect medical evidence and coordinate additional consultative exams if additional evidence is needed to make their decision.

First Appeal / Reconsideration

3 to 5 month average wait period | 13% of First Appeals from all sources approved nationally

• Your request for an appeal / reconsideration must be filed within 60 days of the denial of your initial application.
• Your medical and vocational information will need to be reviewed and updated. •
• A new individual from within the Social Security Administration reviews your appeal and makes a decision, communicated by letter to you.

Second Appeal / Hearing

1.4 years average wait period | 64% of Second Appeals from all sources approved nationally

• Your request for a second appeal / hearing must come within 60 days of being denied. This moves your decision from the SSA claims processors to an Administrative Law Judge (ALJ) who will hold a hearing on your appeal.
• You will receive notice and details of your Hearing approximately twenty (20) days before the scheduled date. Hearings are typically held within seventy-five (75) miles of your home and every attempt should be made to attend with your representative (Freedom Disability Advocate). Some hearings are conducted via video teleconferencing.
• At the hearing, you and your representative (Freedom Disability Advocate) will have an opportunity to present evidence and witnesses for questioning. You may also be questioned by the ALJ.
• Following the Hearing the ALJ will independently make and issue a written decision on your appeal.
• It is also possible for your representative (Freedom Disability Advocate) to request a “decision on the record” which is a request for the ALJ to make a decision without a Hearing.

Third Appeal / Appeals Council

8 months average wait period | 3% of Third Appeals from all sources approved nationally

• Your request for a third appeal / Appeals Council review must come within 60 days of being denied.
• The Appeals Council will review the disability hearing decision to determine if it was rendered properly according to the law.

A Leading Cancer Killer

Prostate cancer kills over 30,000 men in the United States every year. It is one of the leading causes of death among American men other than non-melanoma skin cancer.  In fact it is the second leading cause of cancer death in the United States. (The first is lung cancer.) According to the American Cancer Society, one in six men will get prostate cancer.  One in 36 men will die.  Fighting those daunting statistics is what the Movember “moustache season” is all about.

About Moustache Season

In 2010, over 64,500 Mo Bros and Mo Sistas in the United States helped to raise $7.5 million in funds. Globally, 447,831 Mo Bros and Mo Sistas raised $80.7 million.

Photo Contest – Show Us Your Moustache

Are you a Mo Bro, or a Mo Sista of one? Check out our Moustache Photo Contest on Facebook and raise more for Movember by sending us your moustache photo.  For every moustache (or goatee) photo submitted to our Facebook page, we will donate $1* to the Prostate Cancer Foundation.

Let’s have some fun while supporting the Movember Awareness Campaign this month. Our sister veterans disability advocacy group, Alpha  is also sponsoring the Moustache Photo Contest on its  Alpha Facebook page. You can post your photo on either page, or both! All you have to do is “like” Freedom Disability or Alpha to post your photo on the Wall.

Show us your ‘stache to support Movember and the Prostate Cancer Foundation.

The Freedom Disability/Alpha Moustache Photo Contest ends November 30.

*Our maximum donation to the Prostate Cancer Foundation will be $3,000.

For example, when veterans of the United States Armed Forces told us they needed help getting disability benefits from the Department of Veterans Affairs (VA), we took action. I’m proud to say that, since 2010, our sister company Alpha, with its group of highly skilled VA-accredited veterans advocates, have successfully helped disabled veterans all across the country get the compensation they are entitled to from the VA.

Once again, I’m proud to say that Freedom Disability has added yet another advocacy service to our mission of helping people with disabilities. This service is for our nation’s disabled railroad workers.

Since the 1930s, men and women who helped build, maintain and operate our nation’s railroads have been covered under pension and disability systems administered by the Railroad Retirement Board in addition to benefits available to them through the Social Security Administration. Over 80,000 railroad workers throughout the country currently receive Railroad Disability benefits. However, many more disabled railroad employees are either eligible to apply, or are having difficulty in navigating the complexities of the Railroad Disability application process. 

Freedom Disability and Alpha customers who are disabled railroad workers have told us about their frustration in finding quality national representation for the Railroad Disability benefits they are entitled to for their service.  Now they can get the quality advocacy they need from our trained Freedom Disability Advocates who are experts at navigating the complex Railroad Disability application process.

If you are a disabled railroad worker, please ask us about our Railroad Disability advocacy service.  We are excited and happy to help you get the Railroad Disability benefits you deserve.

In an October 13 press release, SSA Commissioner Michael J. Astrue said, “Social Security handles more than three million disability applications each year and we need to keep innovating and making our work more efficient. With our Compassionate Allowances program, we quickly approved disability benefits for more than 60,000 people with severe disabilities in the past fiscal year. We have made significant improvements, but we can always do more.”

The Compassionate Allowance program fast-tracks decisions on disability claims for people with these severe medical conditions so that they can get their disability benefits within days of applying.

The thirteen new conditions are:

Malignant Multiple Sclerosis
Paraneoplastic Pemphigus
Multicentric Castleman Disease
Pulmonary Kaposi Sarcoma
Primary Central Nervous System Lymphoma
Primary Effusion Lymphoma
Angelman Syndrome
Lewy Body Dementia
Lowe Syndrome
Corticobasal Degeneration
Multiple System Atrophy
Progressive Supranuclear Palsy
The ALS/Parkinsonism Dementia Complex

Find out more about SSA’s Compassionate Allowance program.

The intention of the earlier enrollment period is to give beneficiaries enough time to review their health care coverage and make changes. The earlier dates will also ensure that updated membership cards are received before new coverage starts on January 1, 2012.

“Thanks to the Affordable Care Act, Medicare is stronger than ever,” said Health and Human Services Secretary Kathleen Sebelius. “On average, Medicare Advantage premiums will go down next year and seniors will enjoy more free benefits and cheaper prescription drugs.”

Medicare is not only important to seniors. It is important to people with disabilities who are receiving Social Security disability insurance (SSDI) benefits. After a mandatory waiting period of 24 months they are entitled to Medicare, which helps cover specific health services such as hospital care, doctors, and prescription drugs.

Plans can change from year to year so, if you are already on Medicare, be sure to review your health care and prescription drug plan during this open enrollment period.

You can get more information about Medicare at Medicare.gov. Or call 1-800-MEDICARE.

The rule, In essence, is a nationwide ban that would apply to anyone who threatens an SSA employee. The ban is not limited to in-person threats. The rule also applies to threats made during a phone call or through correspondence.  If a person is banned because of their inappropriate actions, they will have the right to appeal the decision. But, the real point of the rule is to stop the threats from happening at all.

In keeping with SSA’s Open Government initiative, the public is encouraged to review Docket No. SSA-2011-0052: “Protecting the Public and Our Personnel to Ensure Operational Effectiveness” and submit comments on the new rule.  The deadline for comments is November 1, 2011.

Part of the rule explains its necessity: “Preventing violence is a growing concern for all Federal agencies, particularly the Social Security Administration. We touch the lives of virtually every American, often during times of personal hardship, transition, and uncertainty. . . As our workloads have risen in recent years, the number of reported threats to our employees has increased significantly . . . We have increased the security measures in our field and hearing offices. We are using the resources Congress provided to handle disability benefit claims more quickly and accurately; we expect these actions will minimize the anxiety that claimants may experience when they seek benefits from us. As we work to make our offices safer, we must consider risks to the public and our personnel, as well as our service delivery obligations. When we deem it necessary, we may ban an individual from entering our offices.”

In January, Jon Mayhew, president of Freedom Disability, commented on the growing incidence of threats made by disability claimants toward SSA employees and Administrative Law Judges, saying, “I can understand people who take issue with SSA’s strict bureaucratic system, and that’s fine. But, in this post 9/11 era, making threats is serious business.”

It is so serious, that SSA has been forced to take strict steps to ensure public safety and SSA efficiency.  An interim rule has already been in effect since September 2, 2011 with notices posted at local offices. The final rule will be established after the public has a chance to submit comments by November 1, 2011.  

How to Submit Comments to the Social Security Administration:  

By Fax: 410-966-2830

By Mail: Office of Regulations, Social Security Administration, 107 Altmeyer Building, 6401 Security Boulevard, Baltimore, Maryland 21235-6401

Online at http://www.regulations.gov (preferred method)

Refer to Docket No. SSA-2011-0052

I can understand why Kathleen felt anxious. She had already been waiting several months for a decision on her initial claim.  What I needed to explain to her was that a determination of disability is the medical part of that decision.  There are also non-medical eligibility issues SSA must review and decide before benefits can be calculated and a claim can be paid.  This is true whether the claim is a Social Security Disability Insurance claim (SSDI), a Supplemental Security Income claim (SSI), or a claim for both types of benefits (what we call a concurrent claim). These issues are what SSA refers to as non-medical requirements.

If SSA Agrees that I’m Disabled, Why Wouldn’t I Be Eligible for Benefits?

You would think that proving a medical disability would be enough to get benefits. This is what Kathleen thought. Even so, there are other issues that affect eligibility for benefits. The most basic ones are:

SSDI:  You have to be insured for SSDI benefits. This means you must have paid into Social Security and earned enough work credits.  How many credits you need depends on how old you are.  How many credits you have depends on how many quarters you worked to earn them. If you don’t have enough work credits, you aren’t eligible for SSDI.

SSI:   To get SSI benefits, work credits aren’t required.

SSDI:  Not only must you have earned enough work credits, the onset of your disability must have occurred on or before your work credits expired, which is usually about five years after you last worked full time.  This is called your “date last insured” or DLI.

It works something like car insurance.  When you pay for car insurance, you pay in advance for coverage.  At some point, your car insurance expires.  If you get into a car accident after the policy expires, you’re not covered, and any claim you make won’t be paid.  Similarly, you pay into Social Security and accrue work credits. But, if you stop working and are no longer paying into Social Security, your work credits eventually expire. If SSA determines that your disability occurred after the date your credits expired, you will not be approved for SSDI no matter how disabled you may become after your date last insured.            

SSI:   Your eligibility for SSI is based on income and assets, not on work credits. So, the “date last insured” issue does not apply for SSI.  Income and Assets:   SSA may ask for proof of your income to be sure you’re not earning too much to qualify for benefits. And they may also look at your assets to determine your eligibility for SSI.

SSDI:  To get SSDI benefits, you can’t be engaging in Substantial Gainful Activity (SGA), which means you can’t be making more than a certain amount of money set by SSA.  Right now, that amount is $1,000 per month. But this amount can change from year to year.  SSA looks at whether you’re working now, or if you worked at any time from when you became disabled to the present.  SSA may want proof of your work activity as well as documentation on how much you earned, especially if you were self-employed or an independent contractor.

SSI:  You must meet strict income and asset limitations in order to qualify for SSI.  So, SSA will ask you for proof of any income or assets you may have, not only for you, but also for anyone in your household.  (Yes, this is legal!)  Income can include cash or other things that someone provides for you.  For example, if someone pays part of your rent, SSA may consider reducing your SSI benefit.  If you’re married and live with your spouse, your spouse’s income could affect the amount of your benefit.

Disabled – Yes!  Eligible – Yes!  So what’s the Holdup?

Once SSA determines that you are eligible to receive a benefit, they may want additional information to determine how much you should be paid, or whether benefits should be held until some other matter is resolved.  You’ll be expected to provide documentation and your benefit amount may be affected if any of the following apply to you:

(Note:  The situation is usually reversed when you receive private disability benefit payments, such as Long Term Disability benefits from a group policy with your employer.   In this case, SSA won’t offset your SSDI benefits, but your private disability-benefit carrier may offset for benefits you receive from SSA.)

Lumped all together, these are called non-medical requirements for eligibility of disability benefits.  There are others, but these are the most common things that affect eligibility or hold up benefit calculation or payment.

Did Kathleen Get Her Benefits?

After I explained to Kathleen what was going on, she called SSA as they had requested. She knew Freedom Disability had already collected and submitted most of the information SSA needed. They just needed a few more dates and financial information with supportive documentation.  Because I had told her that providing the information requested as soon as possible was the best way to determine her eligibility and get her benefits calculated and paid, that’s what she did.

Within a couple of weeks, Kathleen received her Notice of Award.  I’m happy to report that since then she has also received a deposit for her back pay and her first monthly benefit.

I know from my experience in helping people with their Social Security disability claims both here at Freedom Disability, and in past years at the Social Security Administration (SSA), that people get confused about Social Security disability benefits and Social Security retirement benefits.  In fact, we get a lot of questions on our Web site such as, “I’m retired. Can I get disability benefits, too?” Or, “Will my disability benefit increase when I reach retirement age?”  Let me explain:

Retirement Benefits are Paid Based on Age

Social Security retirement benefits are for workers who paid into Social Security through payroll taxes, commonly known as FICA (Federal Insurance Contributions Act) taxes, throughout their working life. If you pay into Social Security long enough this makes you fully insured to receive retirement benefits.  

So when you reach full retirement age, which depends on your year of birth, and you’ve stopped working, or are working less, you can start taking your maximum monthly retirement benefit.

You can also retire before you reach full retirement age. This is called “early retirement” and you can choose to do this as young as age 62.

If you do take an early-retirement benefit, your cash amount will be permanently reduced by a percentage that is figured out from the number of months you take benefits before your full retirement age. This is called the “reduction factor.”

Retirement benefits are paid to you from the Old-Age and Survivors Insurance (OASI) trust fund. There is nothing you need to prove to get your retirement benefit except your age and your fully insured status.

Also, Medicare health insurance coverage kicks in once you reach the current eligibility age of 65.

Disability Benefits are Paid Based on a Medical Condition

Social Security disability benefits are for workers 18 years of age and older who can no longer work at all because of a qualifying medical condition that meets SSA’s strict definition of disability.

To be eligible for disability benefits, you must have paid into Social Security through payroll taxes, and you must have a recent-enough work history for your age. Generally, for someone 31 years of age or older that would be five years of work within the last 10 years prior to the onset of disability.

However, to qualify, you have to prove to SSA that your medical condition is severe enough to prevent you from working at any job for a year or more, or could result in death.

If you meet SSA’s disability eligibility requirements and are approved, you will be paid from the Disability Insurance (DI) trust fund.  

After a 24-month waiting period, you can get Medicare no matter your age.

Disability Benefits are Usually Equal to Full Retirement Benefits

In most cases, disability benefits are paid as if you are at full retirement age, no matter how old you are. This is because your benefit amount is based on how much you paid into Social Security while you worked.

If you are on disability and you reach full retirement age, your disability benefit switches to your retirement benefit and is paid to you from the OASI trust fund.  This is automatically done for you by SSA. You won’t even notice the change. The only difference is that your benefit is paid to you from a different pile of money – the OASI fund.

You Can’t Get Disability Benefits after Full Retirement Age

If you reach full retirement age, and then become disabled, you cannot get disability benefits, too. This is because, technically, you are already being paid benefits based on your work record.  

However, what if you became disabled months before taking your full retirement benefits and never applied for disability benefits?

 In a situation like this, you could be eligible for back disability pay. But there’s a catch. When applying for Social Security disability you must apply within 17 months from the date you became disabled in order to get your full back pay. If you miss that window of time, it’s too late to get paid full benefits from the disability trust fund for the months you were disabled.  Also SSA won’t accept a new disability claim for anyone who is six months away from their full retirement age.

If you take early retirement, and then become disabled, you can apply to SSA for disability benefits up to six months before full retirement age. The advantage here is that, if you’re approved, you could get Medicare sooner than age 65. And you could get a bump up in your cash amount.

But, keep in mind that it can take one to three years to get a decision on your disability claim. And, if you are approved, your disability benefit will not necessarily be set at the full-retirement amount. It will be adjusted by how many months of benefits you already received in early retirement.  This is called the “reduction factor.”

When it Can be a Good Idea to Switch from Social Security Disability to Early Retirement Benefits

There is an instance where you could actually make out better if you switch from Social Security disability to early retirement benefits. This is if you are also getting a Workers Compensation disability benefit for a work-related injury. That’s because early retirement benefits aren’t reduced by Workers Comp, unlike Social Security Disability benefits which are reduced by Workers Comp.  

SSA usually offsets, or reduces, your Social Security disability benefit by a certain percentage calculated from your average current earnings (ACE) because you are getting an additional disability benefit (Workers Comp).  Your retirement benefit is not affected by Workers Comp. It will not be reduced by the Workers Comp disability offset amount. So, once you reach the age of 62, your early retirement benefits could very well be more than what you’re getting for Social Security disability benefits. If you switched, you could get more, in addition to your Workers Comp benefit.

It would be best to have SSA figure out the math for you. But if it turns out in your favor to take early retirement, then it’s an easy matter to have SSA change you from disability to retirement status.  Just make sure that SSA keeps you technically disabled so that you can stay on Medicare. This should not be a problem since SSA considers you disabled. You can handle all of this through your local SSA office either in person or by phone appointment.

You Can Take Early Retirement Benefits While Waiting for SSA to Decide Your Disability Claim

As already mentioned, the wait for a decision on your disability claim can take as long as three years.

What if you applied to SSA for disability benefits at age 60 and are still waiting at age 62? You know you need the money. You do have an option. You can take early-retirement benefits before SSA decides your case. The ready cash can help you get through the wait. But, there’s a gamble. At stake could be how much you’ll get in disability benefits if you’re approved.  Here’s why:

• If SSA decides that the date you’re entitled to disability cash benefits is before you took early retirement benefits, you will get your full retirement amount as a disability benefit. You’ll get more ongoing benefits.
• If SSA decides the date you’re entitled to disability cash benefits is after you took early retirement benefits, your disability benefit will be permanently reduced by how many months you already received benefits – the reduction factor.

You also get paid for the time it took to approve your claim from the date SSA determines the onset of your disability. This is your retroactive lump sum payment and represents the number of months you are owed benefits. However, the amount you get will also be adjusted by how many months you received early retirement benefits.

It’s true that you may be gambling the cash amount of your disability benefit if you take early retirement before a decision is made. But there’s also another consideration. You may not get approved.  So, ultimately, you have to do what works best for you and your family.

Key Facts to Know about Disability Benefits

Here’s a recap of some of the most basic things to know about Social Security disability benefits:

• You cannot get disability benefits after you reach full retirement age.
• Your disability benefit is usually the amount of your full retirement benefit.
• Your disability benefit is calculated from your work record.
• Your disability benefit will not increase, even if your medical condition worsens.
• You are entitled to Medicare after a 24-month waiting period from when you receive your monthly disability benefits.

Get Help from the Experts

I hope I’ve helped clear up some of the confusion concerning disability and retirement benefits.  There’s no doubt that these are complicated issues. 

I suggest that, if you have questions concerning your retirement benefits, the best place to go for answers is your local Social Security office.

However, if you have a medical condition that is interfering with your ability to work, and retirement is still a ways off, please contact Freedom Disability.  The Social Security disability application process is difficult without the expert help of a trained Freedom Disability advocate to guide you through it. We’re ready to help.

People relying on their Social Security disability benefits may be unsure as to why their monthly checks were at risk if the debt ceiling had not been approved.  Here’s a simplified snapshot of a very complex situation:

• Social Security payments come from trust funds that are managed by the U.S. Treasury.
• The trust funds are called Old-Age and Survivors Insurance (OASI) and the Disability Insurance (DI) Trust Funds.
• The trust funds are getting used up more quickly because more baby boomers are on disability or retirement.
• Income to these trust funds, which comes from payroll taxes, is less than it used to be because there are less workers paying into Social Security.
• Payroll tax receipts are received daily and must be invested daily into special issue bonds.
• These special issue bonds hold the face value of cash and do not gain or lose value as do marketable securities.
• The cash exchanged for these bonds is deposited into a general fund.
• Only the U.S. Treasury can buy back these non-marketable bonds from the general fund.
• Before the debt ceiling was raised, the U.S. Treasury did not have sufficient funds to redeem the special issue bonds for the cash needed to pay Social Security beneficiaries.

The debt cap has now been increased by $2.4 billion and will keep the government funded into 2013.  The trade for the increase, according to the deal, is two rounds of cuts.

One is  immediate and will cut 50 percent from defense and 50 percent  from non-defense programs over 10 years to reach $900 billion in savings.

For the next few months, a bipartisan committee of six Republicans and six Democrats will be looking for ways to cut an additional  $1.5 trillion from the federal budget. They have until November 23 to present their recommendations to Congress.

According to the debt-deal agreement, Congress has until December 23 to act on the committee’s recommendations for the second round of cuts.

If the committee or Congress fail to agree on how and where to cut the budget to find $1.5 trillion, they will have to accept  automatic cuts of $1.2 trillion over 10 years. There will be  no cuts to Social Security, Medicaid, or military pay and veterans benefits.  But there could be changes made to Medicare that could impact doctors and their patients on Medicare who rely on their care.

In the coming months leading up to the holiday season, the so-called “super committee” will be playing  hardball on the issues of tax reform, Social Security and other federal programs to decide how to  scrape up the money the government needs to pay its bills.

No doubt, many Americans will be on-edge spectators waiting to see how the game plays out.

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