You Don't Need To Be Over 50 To Qualify For Social Security Disability Benefits

{Read in 3:30 minutes} While some Social Security Disability cases are harder than others to win, we find that it is often the toughest ones that are the most rewarding. We recently had such a case, in which we met a young man who was only is his mid 20s and yet badly in need of help.

It is extremely difficult to show that a person this young qualifies for Social Security Insurance benefits (SSDI) or Supplemental Security Income (SSI) because the presumption is that people in this age bracket will be healthy and capable enough to find steady work. But as this case shows, this unfair presumption can be overcome.

This young man had a serious medical condition which caused him to experience uncontrollable epileptic seizures. Everywhere he worked, this condition caused his employers to worry about his safety and the safety of co-workers around him. He had trouble holding any job for long. At times, he even found himself homeless due to his inability to get steady work. He gave up on any real future and tended to stop taking his anti-seizure medication.

After meeting this young man, I reviewed his medical files and realized that despite his age, he had a strong case to receive SSI. We began the process of encouraging him to take his medication and see his doctors regularly to document his condition and attempt to treat it. It took time and perseverance, but by using his medical records and his testimony, we were able to persuade the administrative judge that this young man was in fact qualified to receive SSI benefits.

Since that time, we have noticed a big change in his attitude. He seems more hopeful, and we hope that his condition will improve as he receives medical treatment regularly. He checks in with me often to let me know how he is doing.

While most people assume that it is only people in their 50s and older that can qualify for SSDI or SSI, this story shows that assumption is wrong. A person of any age who cannot keep a job due to a medical condition can qualify, and we are here to help these people prove their case and see to it that they get the benefits they need.

Do you know anyone with a long-term disability who deserves Social Security Disability benefits? 

Anselmo A. Alegria
aaa@alegriabarovicklaw.com
alegriabarovicklaw.com
914-761-1133

Non-Cash Assets Can Sink Your SSI Claim

The Social Security Administration has two different programs that are designed to be safety nets for people who are too sick or injured to work.

Social Security Disability Insurance (SSDI): SSDI is only available to people who have a sufficient work history. Generally you need to work at least five out of the last 10 years and pay Social Security, disability insurance and taxes - and that applies to people who are over 31. The requirement is less for people aged 18-31.

Supplemental Security Income (SSI): The other kind of disability benefits that someone can apply for is called Supplemental Security Income, which is available to people who don't have the work history to qualify for SSDI. An additional requirement for SSI is that the person applying for benefits pass a means test.

When performing a means test for SSI, one of the touchstones the Social Security Administration looks for is the applicant’s assets. In general, the person applying for SSI - assuming they can meet the medical requirements for disabled status under Social Security's rules - can have no more than $2,000 in assets. That includes property, bank accounts and even jewelry. In general, however, there are a few exceptions to this rule: applicants are permitted to have one house, one primary vehicle, and other essentials.

Unfortunately, many of our SSI clients run into the situation where their names are on the deeds of properties that are held by other family members.

We recently came across a client who came to us applying for SSI. She has not been able to work for the last two years, and her application had been pending for all that time. As a result, she has been struggling to make ends meet, and is now close to being destitute.

Her case became complicated when she learned that a relative passed away in Puerto Rico, and the relative owned property there - and our client’s name may have been on the deed to the property. Right now our client is in limbo, and she does not know what is going to happen to the property in Puerto Rico. I explained to her that if her name is on the deed, she does stand to gain some significant assets, and that would render her unqualified for SSI.

Our client now finds herself in a good news/bad news situation because that asset may have her name on it, but she may not be able to put her hands on it - and that asset alone would disqualify her for SSI.

It's something we’re studying, but we wanted to bring the issue to the attention of other people out there who may be considering applying for SSI: Be mindful of the fact there is an income analysis that Social Security does. In addition to determining whether you're medically disabled, you must also have limited assets.

Anselmo A. Alegria
aaa@alegriabarovicklaw.com
alegriabarovicklaw.com
914-761-1133

Social Security Disability Insurance Hearings: What Happens When The Applicant Himself Is A No-Show?

Many people applying for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits have mental disabilities.

Mental health problems can impair a person’s functioning, causing crippling anxiety and stress, which is often exacerbated by the inability to work or form social connections. They often become isolated, which worsens their anxiety and can result in an applicant becoming too nervous to appear at his or her own SSDI or SSI hearing.

Generally, when a “no-show” occurs, the person’s claim is denied. That is why I was extremely gratified recently when a client was awarded SSI benefits despite his failure to appear for the hearing.

This applicant had severe mental impairments, including schizophrenia, which caused him to be unable to work. These same problems also made him too anxious to attend his hearing. I moved forward with his case anyway, armed with a detailed legal brief which I prepared well ahead of time. The brief identified the client’s medical history, medical record and the areas where he met Social Security’s requirements. I presented all of his medical records to the judge, in addition to cross-examining Social Security’s independent psychiatrist, thus proving my client’s impaired condition. After a review of all the facts, the presiding judge approved the claim despite my client’s absence.

The fact that this claimant and others like him sometimes fail to appear for their hearings is further evidence of the misrepresentations made by some politicians about fraud in the SSDI system. Those people who do not appear are likely to be seriously disabled and unable to get themselves out of their homes, despite it being in their best interests to do so.

In this case the disability was invisible, but I was still able to identify it thanks to the preparation we put into this case and our ability to cross-examine Social Security’s independent psychiatrist effectively. That is why hiring the right disability lawyer can make an enormous difference in the outcome. I am very glad that my client’s absence was not enough of a reason to deny his claim. Finally, an individual greatly in need of social security disability benefits will receive them.  

Anselmo A. Alegria
aaa@alegriabarovicklaw.com
alegriabarovicklaw.com
914-761-1133