Wednesday, January 07, 2009 | 11:47 a.m.

Your Social Security by Tom Margenau

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Subjective opinions decide 'disability'

Q: My 25-year-old daughter has many physical and mental problems and just can't seem to hold a job. Do you think she can get Social Security disability benefits? And what about SSI?

A: I get many questions essentially asking me, "Am I eligible for this benefit or for that benefit?" My answer is always the same: You really won't know unless you file an application for the benefit in question.

I can give you the ground rules and explain the eligibility requirements (which I've done many times in this column). But until you actually fill out the application forms and get a legal and official ruling from the Social Security Administration, you'll never really know if you are eligible for Social Security or Supplemental Security Income benefits.

This is especially true when it comes to disability benefits. That's because the ultimate eligibility decision is a rather subjective one. Unlike retirement benefits, where a birth certificate proves you're old enough to qualify, or survivor benefits, where a death certificate proves that family members qualify, there is no simple piece of paper that proves you are physically or mentally impaired enough to qualify for disability benefits.

Some people think a note from a doctor serves this purpose, as in: "My doctor signed this paper saying I'm too disabled to work anymore." That simply doesn't cut it for Social Security purposes because your doctor probably does not know all the complexities of the law and how the regulations define "disability." To qualify for Social Security disability benefits, you need a lot more than just a note from a doctor, or an opinion from a Social Security columnist.

And my advice to file an application for benefits is even more apropos when it comes to answering your second question, "And what about SSI?"

Supplemental Security Income is a federal welfare program administered by the Social Security Administration.
Although there are some eligibility rules that apply nationwide, such as the one that says you must have less than $2,000 in liquid assets to qualify, many other eligibility requirements change from state to state.

For example, let's say your daughter starts getting $800 per month in Social Security disability benefits. If she lived in North Carolina, that Social Security check would probably preclude her from getting any extra benefits through the SSI program. But if she lived in California, she might qualify for a monthly SSI check to supplement her Social Security disability benefit.

So, if you haven't done so already, you should help your daughter contact the Social Security Administration to file two claims: one for Social Security disability benefits and the other for Supplemental Security Income payments. I'd recommend calling them at 800-772-1213 to set up an appointment.

Q: Can I file for Social Security disability benefits by phone?

A: Yes, you can, at 800-772-1213. You also can do so online at www.socialsecurity.gov. A third option would be to complete the application forms in person at a Social Security office. It's best to start that process by making an appointment using the 800 number.

Questions may be sent c/o Copley News Service, P.O. Box 120190, San Diego, CA 92112-0190. Or send e-mail to yoursocialsecurity@comcast.net.

© Copley News Service

Visit Copley News Service at www.copleynews.com.




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Originally Published on Monday June 09, 2008

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