Southern California Social Security Disability Frequently Asked Questions

The following information includes frequently asked Social Security Disability questions. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. For more information about your specific legal claim, contact the Law Offices of Lawrence D. Rohlfing today.

Will private disability protection reduce my Social Security Benefit?

No. Private disability insurance has no affect whatsoever on your eligibility for Social Security disability payments. If you are receiving Workers' Compensation or other public disability payments, however, this could affect the dollar amount of your Social Security benefit.

What types of disability benefits does Social Security pay?

People who are severely disabled may be eligible for monthly benefits in one or more programs administered by the SSA. Both the Social Security program and the SSI program provide a monthly income for people with severe disabilities. The eligibility requirements for the two programs are different, however.

The Social Security program pays benefits to disabled or retired workers and their families and to the families of deceased workers. To be eligible for Social Security disability benefits, you must be disabled and must have earned a minimum number of credits from work covered under Social Security (required number of credits varies depending on your age at time you became disabled). The SSI program provides monthly income to people who are age 65 or older, or are blind or disabled, and have limited income and financial resources.

Effective January 2005, the SSI payment for an eligible individual was $579 per month and $869 per month for an eligible couple. If you are married, and only one person is eligible, a portion of your spouse's income may be counted. In addition, your financial resources (savings and assets you own) cannot exceed $2,000 ($3,000 if married). You can be eligible for SSI even if you have never worked in employment covered under Social Security. Generally, to be eligible for SSI, an individual also must be a resident of the U.S. and must be a citizen or a non-citizen lawfully admitted for permanent residence. Also, some non-citizens granted a special status by the Department of Homeland Security may be eligible.

I am receiving Social Security disability benefits right now. Will my Social Security benefits change when I turn age 65?

No. The only thing that will change after you turn age 65 is that your benefits will be called Social Security retirement benefits rather than Social Security disability benefits. Everything else will remain unchanged.

What is the maximum Social Security retirement benefit?

As of January 2006, the maximum Social Security retirement benefit for a worker retiring at age 65 was $1,971 per month. The maximum benefit for a worker retiring at age 70 as of that date was $2420. For those electing to take early retirement at age 62, the maximum monthly benefit as of January 2006 was $1530.

What are the disability requirements for an adult?

The definition of disability under Social Security law is a strict one. To be eligible for benefits, a person must be unable to do any kind of substantial gainful work because of a physical or mental impairment (or a combination of impairments), which is expected either to last at least 12 months or to end in death. If, because of a medical condition, a person cannot do the work he/she performed in the past, then age, education and past work experience must be considered in determining whether the person can do other work. If the evidence shows that the person can do other work, even if it involves different skills or pays less than their previous work, he/she will not be considered disabled for Social Security purposes.

The SSA uses a step-by-step process to determine whether you will qualify as being disabled. The process includes the following five questions:

1. Are you working?
   If your earnings average more than $700 a month, you generally cannot be considered disabled.
2. Is your condition severe?
   Your impairments must interfere with basic work-related activities for claim to be considered.
3. Is your condition found in the list of disabling impairments?
   Social Security maintains a list of impairments for each of the major body systems that are so severe they automatically mean you are disabled. If your condition is not on the list, Social Security will decide whether or not your impairment is of equal severity to impairment on the list. If so, your claim is approved. If not, your application will proceed to the next step.
4. Can you do the work you did previously?
   If your condition is severe, but not at the same or equal severity as impairment on the list, Social Security must determine whether or not it interferes with your ability to do the work you did in the previous 15 years. If it does not, your claim will be denied. If it does, your claim will be considered further.
5. Can you do any other type of work?
   If you cannot do the work you did in the previous 15 years, Social Security looks to see whether or not you can do any other type of work. The decision is based on several factors, including your age, education, prior work experience and transferable skills and a review of the job demands of occupations, as determined by the Department of Labor. If you cannot do any other kind of work, your claim will be approved. If you can, your claim will be denied.

How much do the Law Offices of Lawrence D. Rohlfing charge for legal representation in matters Social Security Disability Claims, SSI claims, or Cessation cases?

Attorney fees for these types of cases are set by law and any attorney who charges more than the legal fee faces serious problems including disciplinary action by the State Bar Association. The Law Offices of Lawrence D. Rohlfing never charge a fee for your initial consultation and at that time they will fully explain all of the services your case may require and give you a careful estimate of the fees involved. There are no hidden costs.

If you or someone you know in Santa Fe Springs, Long Beach, or the surrounding areas of Whittier, La Mirada, Norwalk, Pico Rivera, Montebello, Downey and Cerritos, needs the assistance or trusted legal advice of an experienced Social Security disability lawyer, please call the Law Offices of Lawrence D. Rohlfing today at (866) 639-3365, or complete the contact form provided on this site to schedule your free initial consultation.