Presumptive Disability for Supplemental Security Income

Certain applicants for Supplemental Security Income (SSI) may be deemed by the Social Security Administration to be presumptively disabled.  In these cases the Social Security Administration (SSA) makes temporary presumptive disability payments to claimants while evidence is gathered to make a final decision on their disability case.   This allows claimants to begin collecting SSI cash benefits while their cases are reviewed by the SSA.  In some ways presumptive disability is similar to the new SSDI initiative for Compassionate Allowances.

Presumptive disability claims are rare.  The vast majority of SSI/SSDI claimants will not receive presumptive disability status.  Your Freedom Disability Advocate can explain to you whether or not your condition will allow you to claim presumptive disability.

When the SSA has preliminary documentation and strongly believes that the claimant will be found disabled, but still needs more evidence to make a final decision, they typically will deem the SSI claimant presumptively disabled.

Presumptive disability is typically granted under the following conditions:

1. You are applying for the first time based on disability or blindness
2. Your medical condition makes it very likely that you will be found disabled or blind when evaluated by the SSA
3. You meet all non-medical factors of eligibility

Presumptive disability payments typically begin within the month you become disabled or blind, and continue for up to six months while you await the final decision on your disability claim.  After the six months have expired, the payments will cease whether or not a final decision has been made.

If you feel you are eligible for presumptive disability, contact Freedom Disability Services as soon as possible to begin receiving payments.  Call Freedom at (866) 761-5942 to speak with one of our trained and experienced Disability Advocates.

Presumptive Disability Impairments

1. Amputation of two limbs
2. Amputation of a leg at the hip
3. Allegations of total blindness
4. Allegation of total deafness
5. Allegation of a cerebral vascular accident (stroke) more than three months in the past and continued difficulty using hands, arms or walking
6. Allegation of bed confinement or immobility without a walker, wheelchair or crutches expected to last at least twelve consecutive months
7. Allegation of muscular dystrophy, muscular atrophy, cerebral palsy and difficulty walking, speaking or coordination of arms or hands
8. Allegation of Down’s Syndrome
9. Allegation of diabetes with amputation of a foot
10. Allegation of severe mental deficiency (mental retardation) made by another individual filing on behalf of a claimant who is at least seven years of age.  For example, a mother or father applying for benefits for his or her child.  The child must require a special school, special classes in school, or is unable to attend any type of school due to mental deficiency and requires supervision of routine daily activities (i.e. hygienic, or safety needs such as fastening a seatbelt)

The foregoing information is based on published materials from the Social Security Administration (“Disability Evaluation Under Social Security”). It is meant to serve as an introduction to some of the factors used by the SSA in evaluating cases. It is no way comprehensive. While Social Service Coordinators can help you prepare an effective application for benefits, only the SSA can determine whether or not you qualify. For more information call Freedom today at (866) 761-5942.