The SSDI Podcast - EP4

Can you be approved for disability before a hearing
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THE SSDI PODCAST – EP4 WHAT ARE THE NON-MEDICAL REQUIREMENTS FOR SOCIAL SECURITY DISABILITY BENEFITS

Speaker 1 0:00
Never heard that saying, like, it’s not what you know, it’s who you know. Well, with Social Security disability, sometimes it’s not even what’s wrong with ya, right, is whether you you know worked enough recently. Yeah, so we’re going deep on the non medical requirements, okay, for SSDI and SSI, and trust me, you’ll want to know this stuff, yeah, even if you’re years away from eating it, you know, absolutely okay. So we’ve got articles research all about these programs, and our mission today is to help you figure out right. One, they’re even on your radar, right? And two, like, what hurdles you might face, yeah, besides just proving you have a disability, Okay, sounds good. Sounds great. Okay, let’s tackle SSDI first. All right, Social Security Disability Insurance. This one’s built like an insurance system.

Speaker 2 0:49
Think of it kind of like car insurance. You pay premiums, okay, and if you ever have an accident, you expect the insurance to kick in with SSDI, your premiums are the Social Security taxes you see on your paychecks,

Speaker 1 1:01
those pesky FICA deductions, yeah, but Wait, does that mean if you’ve never had a real job, uh huh, or you’re like, say, an artist who mostly gets paid like under the table, right? You’re out of luck.

Speaker 2 1:16
Well, not necessarily. It all comes down to work credits. Every time you earn a certain amount, you get a credit up to four per year. You can check your Social Security statement online and see how many you’ve racked up. So

Speaker 1 1:30
you need a certain number of these credits to qualify. Yes, how many are we talking for

Speaker 2 1:35
anyone 31 or older, the magic number is 20 credits earned within the last 10 years. This ensures you’ve consistently contributed to the system. Okay? Now for those under 31 the number goes down with specific rules for people disabled before 24

Speaker 1 1:52
Hold on. I read somewhere that work credits earned before you turn 21 right? Don’t really count. Yeah, that’s the deal with that.

Speaker 2 1:59
That’s right, those early work credits usually don’t factor in. The logic is, SSDI is designed to replace income you’ve recently lost, okay, due to disability, yeah. So the focus is on your more established work history.

Speaker 1 2:13
Okay, so it’s not just about having enough credits overall, right? The timing matters too. Which brings us to this recent work test I keep hearing about, okay? Is that just another way of saying you need those 20 credits?

Speaker 2 2:26
It’s related, but not quite the same. Okay? For those 31 and older, the recent workfest typically requires you to have worked at least five out of the 10 years before your disability began. It’s an additional way of demonstrating a consistent work history, showing that you were actively participating in the workforce. Gotcha before, your disability

Speaker 1 2:46
and I’m guessing as before, this varies for folks under 31 Yes, but what about situations where someone had to leave the workforce for a while, right to care for a family member? Yeah, or they had a serious illness themselves, do those years just count against them?

Speaker 2 3:03
Those are great questions. And honestly, this is where things can get complicated. There are exceptions to the rules, right? And it really depends on your specific circumstances. Okay, what’s fascinating here is that the SSA looks at not just the amount of time you worked, yeah, but also the type of work you did and how much you earned. Okay, they’re trying to paint a picture of your overall work life. Wow.

Speaker 1 3:24
Okay, so we’re starting to see how this can get tricky fast. Yeah. What else should we know about SSDI before we move on?

Speaker 2 3:31
Well, there are a couple other requirements, like citizenship right or legal residency in the US. It’s about ensuring the program is available to those who are legally authorized to work and live in the country,

Speaker 1 3:43
speaking of residency that ties into something that surprised me, okay, US citizens can actually receive SSDI, yes, even if they live outside the US. It’s

Speaker 2 3:53
true. Really, the benefits can follow you, though, there are some exceptions and additional rules depending on the country, okay?

Speaker 1 4:01
And the last SSDI requirement I have here is that your disability has to have started right before you reach retirement age. Makes sense? Yes, otherwise, you just switch to regular retirement benefits

Speaker 2 4:13
Exactly. And you know, that actually leads into something a lot of people don’t realize.

Speaker 1 4:17
Oh, tell me more. This is where it gets interesting. You can

Speaker 2 4:21
actually apply for SSDI even if you’re already receiving early retirement benefits. And if you’re approved, the Social Security Administration will reimburse you for the difference. Wait,

Speaker 1 4:33
really so you could potentially get a bigger monthly check. That’s a game changer. I bet a lot of people miss out on that just because they don’t know about

Speaker 2 4:41
it. It happens more often than you’d think, and the SSA even has a handy retirement age calculator on their website to help you figure all that out. Oh, it’s definitely worth checking out if you’re in that situation.

Speaker 1 4:51
Okay, so we’ve covered SSDI pretty thoroughly, the work credits, the recent work test, the residency requirements and the whole. Retirement age thing right? Now, let’s switch gears to SSI, which, as we mentioned earlier, okay, is a completely different beast. This one’s not tied to your work history at

Speaker 2 5:08
all, right? SSI, Supplemental Security Income, okay? Is a needs based program, okay? It’s designed to help people who have very limited income and resources, right, regardless of how much they’ve worked. So

Speaker 1 5:21
for someone who’s never been able to hold down a steady job, yeah, maybe due to a disability they’ve had since childhood, right? SSI might be their only option, exactly.

Speaker 2 5:29
It acts as a safety net for those who are truly struggling to make ends meet, but that also means the eligibility requirements are incredibly strict. Okay, we’re talking about needing to fall below certain income and asset limits, right?

Speaker 1 5:42
And I remember seeing some shockingly low numbers when I was researching this, uh huh, something like a $2,000 limit. For individuals, you’ve

Speaker 2 5:50
got a good memory that’s right. For individuals, your countable resources can’t exceed $2,000 and for couples, it’s $3,000 okay? And it’s important to understand what they mean by resources, yeah,

Speaker 1 6:03
because most people probably think of resources as just cash in the bank. That’s

Speaker 2 6:07
part of it, of course, but it also includes things like stocks, bonds, savings accounts, vehicles, even property you own, basically anything that could be converted to cash and used to support yourself.

Speaker 1 6:21
So if you’ve got a paid off car, some family heirlooms and a little bit of money saved up for emergencies, you might already be over the limit. It’s

Speaker 2 6:30
definitely possible, but there are some key exemptions. Your primary residence, for example, doesn’t count towards the resource limit, and neither does one vehicle used for transportation makes sense. Those are considered essential for daily living,

Speaker 1 6:42
but still, we’re talking about very narrow margins here, right? It really underscores how SSI is intended for those with the most dire financial need.

Speaker 2 6:51
That’s exactly right. It’s not meant to be a catch all solution, but rather a targeted program for those who are truly falling through the cracks. Okay,

Speaker 1 6:59
so we’ve got the income and resource limits. What other non medical hurdles do people need to be aware of when it comes to SSI? Well, as

Speaker 2 7:07
with SSDI, citizenship or legal residency in the United States is a requirement. It’s all about making sure the program is serving those who are legally entitled to be in the country right.

Speaker 1 7:17
And just like with SSDI, I was surprised to learn that there are situations where non citizens can qualify for SSI. It’s not as black and white as you might

Speaker 2 7:27
think. That’s a really important point. There are specific categories of non citizens who can be eligible, often based on humanitarian or legal statuses granted by the Department of Homeland Security, for example, refugees asylees and certain victims of trafficking or domestic violence might qualify. Wow. It really highlights the complexities of the immigration system and how it intersects with social safety net programs like SSI. So

Speaker 1 7:51
it’s clear that both SSDI and SSI have some pretty specific and often surprising, non medical requirements you need to be aware of. And I’m guessing for a lot of people just figuring out which program they might even qualify for, right? Is the first major hurdle. Absolutely,

Speaker 2 8:06
it’s easy to get lost in the weeds with all these rules and regulations, and unfortunately, many people don’t even realize these non medical factors exist until it’s too late, right?

Speaker 1 8:15
You could have the most legitimate disability in the world, but if you haven’t worked enough recently where your assets are just slightly above the limit, you could be denied benefits. It’s almost like a hidden obstacle course.

Speaker 2 8:28
That’s a great analogy, and that’s precisely why we’re doing this deep dive, to shed light on these often overlooked aspects of the disability benefits process.

Speaker 1 8:36
Exactly we want to empower you, the listener, with the knowledge you need to navigate this system effectively, because

Speaker 2 8:43
knowing your options and understanding the potential pitfalls is the first step towards getting the support you deserve. So

Speaker 1 8:50
to recap, with SSDI, we’re looking at work credits or recent work history and being a US citizen or legal resident. The specific rules can vary depending on your age and individual circumstances, but those are the main pillars.

Speaker 2 9:05
And for SSI, the focus shifts to your financial need. You have to meet strict income and asset limits with some exceptions for essential things like your home and vehicle, right and again, citizenship or certain designated legal statuses come into play.

Speaker 1 9:20
But even if you tick all those boxes, remember, we’ve only just scratched the surface here, there’s a whole other layer of complexity when it comes to the medical requirements for disability benefits, and that’s

Speaker 2 9:31
a topic for another deep dive, perhaps. But for now, you’ve got a followed foundation to start from

Speaker 1 9:36
exactly you now understand that qualifying for disability benefits is not just about proving you have a disability, it’s about meeting a whole set of criteria that could feel, frankly, a bit overwhelming,

Speaker 2 9:48
but don’t let that discourage you. Knowledge is power, right? And now that you’re armed with this information, you can start to plan accordingly, whether that means making sure you’re earning enough work credits, taking steps to reduce your countable. Resources, or simply being aware of the potential challenges you might face. You’re ahead of the game,

Speaker 1 10:06
absolutely. And if this deep dive has sparked your curiosity, I encourage you to do some more research. Yeah, the Social Security Administration website is a great resource, and there are countless organizations and advocacy groups out there dedicated to helping people navigate the disability benefits process.

Speaker 2 10:23
Don’t be afraid to reach out for help and support. It’s a complex system, and there’s no shame in needing guidance.

Speaker 1 10:28
Okay, so before we wrap things up, I wanted to leave you with one final thought. Yeah, imagine you do meet all these non medical requirements. You’re all set, right, right? Yeah, not so fast. Well, what many people don’t realize is that proving your disability to the SSAS satisfaction is a process. It’s not

Speaker 2 10:46
just about having a diagnosis. The SSA has very specific criteria for what they consider a disabling condition, and they require extensive documentation to back it up.

Speaker 1 10:56
Oh, wow. Think medical records, test results, treatment notes, yeah, the whole nine yards. And I

Speaker 2 11:03
bet those medical requirements are just as complex and nuanced as the non medical ones we’ve been discussing. Oh,

Speaker 1 11:08
absolutely, yeah. It’s a whole other rabbit hole. And honestly, it could be its own Deep Dive. Maybe

Speaker 2 11:13
we’ll do that next time. Yeah, but for now, our listener is hopefully walking away with a much clearer understanding of what it really takes to qualify for disability benefits, right? It’s not just about being sick or injured. It’s about meeting a complex set of requirements, both medical and non medical, that can trip up even the most well prepared applicant. It’s true. So what’s our final takeaway for our listeners today?

Speaker 1 11:39
I think the biggest takeaway here is to be proactive. Okay, if you think you might need to apply for disability benefits someday, don’t wait until you’re in crisis mode. Start gathering your documentation now. Okay, familiarize yourself with the rules, and most importantly, don’t be afraid to ask for help.

Unknown

Speaker 11:58
That’s such great advice. There

Speaker 1 11:59
are resources available, both from the Social Security Administration itself, right, and from various advocacy groups to help you understand the process and make sure you’re putting your best foot forward Exactly.

Unknown

Speaker 12:09
Yeah, you don’t have to navigate this alone. Well said, thank you.

Speaker 1 12:14
And on that note, we’ll wrap up this deep dive into the non medical requirements for Social Security Disability benefits, right? We hope you found it informative and empowering. Yeah. Remember, knowledge is power Absolutely. And the more you understand about this complex system, the better equipped you’ll be to advocate for your yourself and your future Exactly. Thanks for joining us. Of course, we’ll see you next time you

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LaPorte Law Firm has been representing Social Security Disability claimants in the Bay Area since 1982. Since starting his practice specializing in Social Security Disability claims, Terry LaPorte has successfully represented thousands of disability claimants, with LaPorte Law Firm opening offices in San Jose, Oakland, San Francisco, Santa Cruz, Burlingame, Sacramento, and Hawaii.

We are a full-service law firm providing expert legal representation at all stages of the Social Security Disability benefits process. As a local law firm mainly servicing the Bay Area, we are familiar with the administrative judges at the San Jose, San Francisco, and Oakland hearing offices, as well as the staff at local Social Security field and hearing offices. In addition, with this being a federal area of law, we also represent clients all over the country.

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Terry LaPorte

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Since receiving his JD from Santa Clara University School of Law in 1979, Terry LaPorte has dedicated his legal career to representing individuals in Social Security Disability claims and appeals. In 1982, he established the LaPorte Law Firm in Northern California, specializing in Social Security Disability law. For over 40 years, Terry and the LaPorte Law Firm team have successfully represented thousands of clients in California and the Western States.

Throughout his career, Terry has continued to develop his expertise in various ways, such as attaining the National Board of Legal Specialty Certification and serving on the Board of Examiners of the National Board of Trial Advocacy. He is also a member of the National Organization of Social Security Claimants’ Representatives, a provider attorney to the American Association of Retired Persons, and a seven-time Chair of the Social Security section of the Santa Clara County Bar Association. In addition, he has served as a lecturer on disability law for the Continuing Education Program of the California Bar Association and for many community, legal, and support organizations.

Terry has received numerous awards and recognition for his commitment to individuals with disabilities and others in need in our community, including:

  • The Santa Clara County Bar Association Pro Bono Services Award
  • The Santa Cruz County Trial Lawyers Association Community Service Award
  • The Law Foundation of Silicon Valley’s Philip J. Berelson Award for Generous Philanthropy
  • Chapter Programs Partner of the Year and Social Security Attorney of the Year by the National Multiple Sclerosis Society
  • Client Distinction Award by Martindale-Hubbell and Lawyers.com (fewer than 4% of over 900,000 attorneys listed on Martindale.com and Lawyers.com have been awarded this distinction)
  • Acknowledgement of dedication to the disabled by the California State Bar’s Consumer Business Review, the Santa Clara County Bar Association, and the Pro Bono Project of Santa Clara County
  • Named a top Northern California attorney in Super Lawyers
  • Certificate of Recognition from the California State Assembly

Terry is licensed to practice in the State of California and the Northern District Federal Court.

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Kevin LaPorte

Attorney

Kevin LaPorte received his JD from the University of San Francisco Law School where he was also awarded an International and Comparative Law Certificate with Honors. He is a member of the National Organization of Social Security Claimants’ Representatives, where he has received specialized training in Social Security Disability Law.

Before joining LaPorte Law Firm, Kevin’s practice focused on international criminal law and human rights, such as serving as Assistant Attorney to the International Civil Parties in the trial of former Khmer Rouge leaders in Cambodia. This trial was conducted as a joint enterprise between the United Nations and the Cambodian government, and involved the drafting of closing statements in the historical trial of former Khmer Rouge leaders, along with conducting fact gathering missions for the crime of genocide. He also worked for the United Nations in The Hague, Netherlands, at the International Criminal Tribunal for the former Yugoslavia, which involved the criminal trial of a former general accused of genocide and war crimes.

Kevin’s experience helping victims of human rights abuses inspired him to assist individuals closer to home who are suffering from disabling illnesses and injuries. With his background in human rights law, he has gained a unique perspective in representing clients whose disabilities prevent them from being able to work. His practice now focuses on representing clients in Northern California in the Social Security Disability claims and appeals process. He was also named a Super Lawyers Rising Star in 2022.

Kevin is licensed to practice in the State of California and the Northern District Federal Court. Kevin LaPorte is also a member of the Alameda County Bar Association.

Kevin is also the main contributor to our blog, writing new articles every month on SSDI and SSI-related topics that you can consult for free here.

Kevin also contributes to other major online publications, like this Bloomberg article on SSDI and long Covid, thanks to his extensive experience as a Social Security Disability attorney

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Kelsey LaPorte

Attorney

Kelsey LaPorte is a zealous advocate for her clients, committed to helping them obtain the benefits they deserve while guiding them through a time in which they adjust to the effects of their disability on their daily life. With specialized expertise in appeals, she has demonstrated success in appeals to both the Social Security Appeal Council as well as federal lawsuits against the Social Security Administration.

Kelsey is a cum laude graduate of Santa Clara University School of Law with experience in appellate work with the Northern California Innocence Project and the California Public Defenders Office. As a graduate of the Center for Social Justice and Public Service at Santa Clara Law, she is committed to public service and has contributed to the Bay Area community by working on expungement petitions at the Santa Clara Public Defender’s office.

Kelsey is licensed to practice in the State of California and the Northern District Federal Court.

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Maria Miranda-Hammon

Legal Representative, EDPNA

Maria Miranda-Hammon has decades of experience as a Legal Specialist, representing clients since 1994. She is an experienced and dedicated Social Security legal representative who is deeply committed to achieving a successful outcome for every client. Maria specializes in the representation of claimants with SSI and SSA disability claims and appeals at Social Security hearing offices and district offices. She continues to expand her knowledge and experience through research and seminars offered by the Santa Clara County Bar Association, the National Organization of Social Security Claimants’ Representatives, and the Annual 9th Circuit Conference for Experienced Social Security Practitioners.

With her vast litigation support experience and electronic filing software expertise, Maria’s assistance in preparing documentation presentations and conference materials is an invaluable asset to the firm. With a fully integrated bicultural background, she has represented many monolingual Spanish-speaking claimants.

Watch a free video presentation by the attorneys at LaPorte Law Firm – How to prepare for a Social Security disability hearing

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Everything You Need To Know About
The Social Security Disability application process