SSDI
Social Security Disability Insurance
To be eligible for Title II, individuals must have insured
status as former workers, or be
eligible on the insured status of a specific relative
like a parent or spouse. To establish insured status for benefits,
individuals need 20 quarters of coverage (payment of Social
Security taxes-FICA) in the 10 years before their disability
started
(those
disabled before the age of 31 need less work to qualify)
To be eligible for SSDI benefits an individual must:
SSDAC (or DAC - Social Security for the Disabled Adult Child)
Adults with disabilities who have not paid FICA (Social Security)
taxes long enough to have insured status, may receive Title II
benefits based upon their parent’s
insured status.
To be eligible for SSDAC benefits an individual must be:
• 18 years of age or older;
• Disabled before turning 22 years old;
• A child of an insured worker who is either disabled, retired, or deceased;
and
• Earnings must never have exceeded the SGA level.
For Example:
Bob, Jr. is 25 and became disabled when he was 5 years old. His father, Bob,
Sr., is retiring after working and paying FICA taxes for 40 years. Bob, Jr.
is eligible for SSDAC as soon as his father retires and will be eligible for
Medicare once he completes the 24 month eligibility waiting period.
SSA Title II beneficiaries are also eligible for Medicare. Medicare coverage
begins 24-months (2 years) after eligibility for SSDI/DAC. The Title II
program is not based upon financial need. The dollar amount of benefits
is based on a person’s work record and the age benefits begin. Currently,
no provision is made for reducing the Title II benefits as the recipient’s
earnings increase. The person receiving Title II will receive either the
whole check or none at all.
People with disabilities must complete a five-month waiting
period from the month of disability onset before Title II cash
benefits begin.
Substantial Gainful Activity (SGA)
If a person is earning income in excess of $940\month in
2008 ($1,570 if blind in 2008), that person is considered
to be earning at the Substantial Gainful Activity (SGA) level.
However, if the worker’s productivity is equal to that
of non-disabled workers in comparable positions, he/she may
be determined to be earning at the SGA level even if gross
earnings are less than $940/month. After the Trial Work Period,
if SSA determines that a person is earning at the SGA level,
he/she will receive full benefit checks for an additional
three months, and then his/her cash benefit will stop unless
sufficient Social Security Work Incentives apply that can
reduce how SSA looks at the earnings. Remember, for the 36
months that follow the TWP, disability status is protected
and SSDI checks will be due for any month earnings are below
SGA.
For Example:
After working for many years, Catherine became disabled
but is now back working, earning $840 a month. SSA has
determined that
she is working at the SGA level. Her monthly SSDI checks
will stop in 3 months. Social Security Work Incentives
may allow her
to keep her SSDI benefits.
Social Security Work Incentives During SGA Determination
A Title II recipient may use Work Incentives to reduce the
amount of gross earnings that SSA counts to determine if
the person is earning at the SGA level. This may allow
Title II
recipients to maintain benefit checks and Medicare. This
strategy encourages self-sufficiency and provides financial
security
until sufficient supports (addressing physical well-being
and financial adequacy) are established. An IRWE (Impairment
Related Work Expense) and subsidy, both of which
must be approved by SSA, are two of the Work Incentives
that make a difference when SSA evaluates earnings for
SGA. Definitions
and discussion of these Work Incentives will follow.
For Example:
Dave receives SSDI and is working, earning $890 a month.
He has an IRWE to pay for $400 in personal attendant care.
This reduces his Countable Earned Income to $490/month and
keeps him below the SGA level. He is still eligible for SSDI
monthly benefits.
Trial Work Period (TWP)
SSDI/DAC recipients are entitled to a nine-month Trial Work
Period (TWP), which provides opportunities to test work skills
while maintaining full benefit checks regardless of earned
income. The TWP begins the first month that a person is entitled
to Title II benefits or files an application for disability
benefits. Only months when wages exceed $670 in 2008 (or 80
hours of work for self-employed people) count as Trial Work
Period months. The TWP ends after a person has performed nine
months (not necessarily consecutive) of trial work within
a rolling period of 60 consecutive months. Sheltered workshop
earnings equal to or in excess of $670 a month in 2008 count
as TWP months. A list of TWP amounts since 1976 is on page
36 of this booklet.
Extended Period of Eligibility (EPE)
At the conclusion of the Trial Work Period, a person will
enter a 36-month Extended Period of Eligibility (EPE). During
this period, a person’s Social Security disability status
is protected, even if he/she grosses over $940/month in 2008
and isn’t due an SSDI check. However, during the EPE
people may work and receive SSDI/DAC benefits for each month
that gross earnings are below $940. The EPE ends in the first
month that a person earns SGA following the 36-month EPE period.
For Example:
Ellen receives SSDI and wants to return to work, but her
disability may prevent her from working a regular schedule.
Her Trial Work Period allows her to earn over $670 (2008) a month
in those months she is able to, for up to nine months in
the 60 months beginning when she started her TWP, and still
receive her SSDI monthly benefits. Once she has used her
9 month TWP, she can continue to receive SSDI checks if
she doesn’t earn $940 or more per month. If she
earns over $940/month, she isn’t due her SSDI check,
but Social Security still considers her “disabled” during
her EPE.
Medicare Coverage
Medicare is the health insurance for Title II beneficiaries.
Medicare coverage starts 24 months after SSDI/DAC eligibility
is established and cash benefits begin. Medicare has two parts:
Hospital Insurance (Part A)
Part A pays for inpatient hospital care and certain follow-up care.
Part A is automatic for the person receiving SSDI/DAC benefits
following the 24-month waiting period, and there is no cost to
the person for the insurance, but there are some co-payments, deductibles,
and limits on coverage.
Medical Insurance (Part B)
Part B pays for some doctors’ services and a variety of other
medical services and supplies not covered by Part A. Medicare Part
B is voluntary and is financed partly by low monthly premiums paid
by recipients. Those who choose Medicare Part B coverage will have
the premium deducted from their monthly benefit check. In 2008
the cost is $96.40/month.
Extended Medicare coverage is available for people who
exceeded SGA during the 9-month trial work period, and
who continue to be disabled. The extended period of coverage
is for a minimum of 39 months following the conclusion
of the TWP and may extend for as long as 8 ½ years
pursuant to the Ticket to Work and Work Incentives Improvement
Act of 1999. Since April 1, 1990, disabled beneficiaries
under the age of 65 have had the option of purchasing this
extended Medicare coverage.
For the purposes of SSI eligibility, SSDI/DAC benefits
are viewed as unearned income. In many cases, SSDI/DAC
benefit amounts are below the Federal Benefit Rate (FBR)
of $637/month (2008). As a result, recipients of SSDI/DAC
often receive checks from both Title II and Title XVI.
This can be an advantageous situation for establishing
a PASS plan.