Jump to Navigation

Dallas Social Security Disability Law Blog

Confusion abounds over 'Social Security trust fund'

With so much talk about the sustainability of Social Security programs, it's important that Texans are aware of exactly what legislators mean when they talk about the "Social Security trust fund." What people should keep in mind is that there is a difference between the old-age Social Security fund and the disability Social Security fund, though politicians and the Congressional Budget Office frequently refer to both accounts as if they are the same.

A 2012 CBO report said the Social Security Disability Insurance fund is expected to run dry in 2016; that is, unless legislators make some changes to the system. By contrast, the Old Age and Survivors Insurance account is projected to last significantly longer -- until 2038.

Inconsistencies in way Supplemental Security Income payments made

Problems concerning Social Security will continue to be a subject of discussion in Congress. And we will continue to hear stories about improper payments made concerning Supplemental Security Income (SSI) during legislative debates both in Texas and in Washington, D.C.

Though fraud is often blamed for increases in SSI payments made, often lack of understanding regarding reporting by SSI recipients and administrative error has led to mistakes in payments. Though overpayments of SSI have likely occurred, under-payments have happened as well.

Defending the payments of SSDI to disabled recipients

There have been a number of attacks lately on the Social Security Disability Insurance (SSDI) program concerning too much money supposedly being paid out to new clients. However, one out-of-state attorney's opinion concerning this controversy is shared by attorneys that handle these claims in Dallas as well.

The claimants that receive SSD generally are severely disabled and often in pain. Their injuries are backed up by objective medical data, and in too many circumstances the individual can injure themselves even more severely by trying to work through the injuries.

Approval of SSDI claim rates varies by area

Though Social Security Disability (SSDI) is a federal program, it appears that it may be easier to get applications approved in certain locations in the country as opposed to other locations. For example, the approval rate for Social Security cases by Administrative Law Justices in Texas is more than 20 percent lower than the average for the remainder of the country.

Why there is such a variation in approvals is unclear. The judges are selected from one geographic area to hear cases in another area. The ALJs mostly only hear Social Security type cases, but these judges are often allowed to use their own discretion in making decisions. And because of the amount of discretion involved, there is a great deal of variation in the types of decisions made.

Difficulties in receiving SSDI

Reports of Social Security Disability (SSDI) going insolvent making the news of late has triggered a number of assumptions about recipients that are incorrect. Whatever else may be said about the program, there is a certain criteria that needs to be met before anyone in Dallas can actually collect SSDI.

Anyone receiving money under SSDI has needed to have worked at least 5 out of the last 10 years. Also, anyone collecting must have some sort of proof that a disability exists that prevents them from performing work. This includes doctor statements that backup a diagnosis of disability. Also, individuals must undergo a recertification process on various occasions demonstrating that the disability preventing them from working still exits.

Parents moving back in with their children

With so many Texans living longer and with increasing costs for assisted living and long term nursing home care, more and more children of elderly people are having their parents move in with them. Though such an arrangement can bring along certain cost savings, tax savings and would have no effect upon the amount the parents receive in Medicare or certain Social Security benefits, it may affect the qualification for the parents to receive food stamps and result in the reduction of Supplemental Security Income (SSI).

There may be way to avoid these sorts of reductions such as having the parents pay rent for their stay, but having a precise strategy may require the advice of a CPA or an attorney that is well versed in SSI regulations. Putting together a financial strategy and making certain that eligibility for benefits will not be threatened is too important to not be accomplished correctly.

There's no easy way to apply for Social Security Disability

Though there are a number of tips that individuals may try when applying for Social Security Disability (SSD) benefits, the application process is confusing and time consuming for most applicants. There are certain conditions as to how long someone has worked and how recently one has worked before many individuals can collect their disability payments.

Perhaps most confusing is the definition of disability itself when applying for these benefits. What impairment a person may have, it must (1) prevent that individual from performing any sort of work for at least 12 months; or (2) the condition must be considered terminal. Proving that a condition can fit such criteria can often be extremely difficult. 

SSI, SSDI and disabled children

Parents of disabled children in Dallas and across the country have a number of concerns that many of the rest of us will not have. Taking care of such children can consume all of a parent's time, and they often cannot afford to find additional resources to help out.

Children can receive Supplemental Security Income (SSI) at any age. On the other hand, eligibility for Social Security Disability (SSDI) cannot be established until after the child turns 22-years old. 

Options for collecting SSDI can be tricky

There are a number of options for a disabled worker in Dallas while collecting Social Security Disability Income (SSDI). Because of the disabilities they suffer, these individuals are rewarded in a slight way at least concerns Social Security benefits as opposed to a non-disabled worker.

For example, a 62-year old worker could collect disability benefits up to the age of retirement without any reduction in the benefit. When reaching retirement, these disabled workers are then entitled to receive full retirement benefits. In contrast, a non-disable worker that retires at the age of 62 would be entitled to approximately 25 percent less in benefits than the disabled worker.

The process for applying for Social Security Disability

Social Security Disability has a number of requirements that must be met before a Dallas recipient can be deemed eligible. It requires at the least a recent work history, technical requirements to be met concerning dates of eligibility, and a variety of medical documentation to back up one's claim.

Generally, worker has had to work at least 40 quarters during their lifetime, and 20 of those quarters must come from the last ten years. The Social Security Administration (SSA) will then look to see if individuals have had Social Security withdrawn from their paychecks during these particular periods to then determine the date of eligibility for disability.

Why Choose Reyes & Reyes?

We are deeply passionate and dedicated to providing the highest level of service to each of our clients. We take the necessary efforts and strategies to win your case. Our firm's reputation is based on our stellar record of success.

There is no substitute for consulting an attorney.

No Appointments Necessary. All Consultations are FREE. Walk into our office today.

Subscribe to This Blog's Feed FindLaw Network

Reyes & Reyes Law Firm, PLLC | 8035 East R.L. Thornton, Suite 514, Dallas, TX 75228 | 214-449-1897 | 817-381-1156 | Dallas Law Office Map

Reyes & Reyes Law Firm, PLLC | 111 W. Anderson Lane, Austin, TX 78752 | 210.209.8923 | 512.371.6846 | Austin Law Office Map

Reyes & Reyes Law Firm, PLLC | 1413 Montana Avenue, El Paso, TX 79902 |915-533-9718 | El Paso Law Office Map

Privacy Policy | Business Development Solutions by FindLaw, a Thomson Reuters business.