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I published an eBook through Amazon titled "Applying for Social Security Disability (SSD) Benefits or Supplemental Security Income (SSI)? 33 Commonly Asked Questions Answered."

A long title, but it leaves no doubt for the reader what the book is about.

If you have a Kindle then you can get the book at this link. You can get a free sample of the book to see if you are interested and if you find that it may be useful, it's available for only $4.95. Can't beat that price!

About The Book:

Have you applied for or are considering applying for either Social Security Disability Benefits (SSD) or Supplemental Security Income (SSI)? If so, then you likely have many questions that need answering. This book provides very detailed answers to 33 commonly asked questions related to the SSD and SSI processes by an experienced disability lawyer.

The following questions are answered in detail:

1. What Social Security Disability Benefits Are There?
2. What Is The Difference Between SSD And SSI?
3. What Is Social Security's Definition Of Disability?
4. What Is Substantial Gainful Activity?
5. What Is The Five Step Sequential Evaluation Process?
6. What Can A Social Security Attorney Do For Me?
7. What Is Sheltered Work?
8. How Far Back Can I Receive Back Payment?
9. What Does Date Last Insured Mean?
10. How Do I Find Out My Date Last Insured?
11. How Long Does It Take To Receive A Decision?
12. Are There Any Disabilities That Social Security Awards Benefits Faster To?
13. If I Don't Have Enough Work History Credits, Can I Still Get Benefits?
14. I Have A Private Long Term Disability Policy, Should I Also Apply for Social Security Disability?
15. How Important Are Medical Records When Applying For Social Security Disability?
16. What Is Reconsideration?
17. Do I Have To Pay Taxes On Social Security Disability Benefits?
18. I Was Recently Awarded SSD, When Do I Get Medicare?
19. I Was Recently Awarded SSI, Do I Get Medicare or Medicaid?
20. How Long Are Doctors Or Hospitals Required To Keep My Medical Records?
21. Social Security Sent Me A Direct Express Card, What Is It?
22. What Is A Common Mistake Claimants Make That Is Easily Fixed?
23. Where Is My Local Social Security Office?
24. I Received Mail From Social Security, What Should I Do?
25. Can I Receive SSI If I Leave The United States?
26. I Worked On The Books, Why Does Social Security Say I Don't Have Enough Work History Credits?
27. My Doctor Is Not Willing To Cooperate With Social Security or My Lawyer, What Should I Do?
28. I'm A Veteran and Receiving Veterans' Benefits, Do I Also Get Medicare If I'm Disabled?
29. My Doctor Says I Am Disabled, Why Did Social Security Deny Me?
30. What Happens At The Social Security Disability Hearing?
31. If I Inherit Money Will That Affect My Social Security Disability Benefits?
32. Can I Apply For Both Early Retirement And Disability Benefits At The Same Time?
33. What Questions Does The Judge Ask At The Social Security Hearing?

How Facebook, Twitter & Social Media Can Affect Your Social Security Disability Application

Administrative Law Judges are not allowed to google the name of clients and find out information about them. But, just because they are not allowed to do it, doesn't mean that they don't do it. Maybe that's just the cynic in me. But, I don't assume that just because it's been banned that Social Security judges and disability examiners that work for Social Security don't ever use the internet to look up a claimant's name.

This Delaware Disability law firm has some useful advice:

What I suggest that you do if you are applying for Social Security Disability or Supplemental Security Income payments is do a Google search for yourself and know what is viewable if you aren’t logged into any websites. If you are not sure if information you have posted would be viewed negative, then you probably should not have it publicly available. After you have deleted (or made private) anything you think could be viewed negative, ask a family member or close friend to view your public page to determine if they think anything is still negative. Even consider removing information from your private page that could be viewed negative. You would be shocked how often friends or family report possible fraud in disability claims because of things they see or hear.

Just because you are applying for disability doesn't mean you have to live like a hermit or that you have to be miserable 24/7. But, it's all about perspective. You don't want to somehow give someone the wrong impression based on a comment or picture you post on a social media website.  Especially if that person is responsible for deciding whether or not you get disability benefits.

What Questions Does The Judge Ask At The Social Security Hearing?

Chances are that if you are reading this, you currently are waiting for your hearing in front of an Administrative Law Judge (ALJ) to be scheduled or your hearing was recently scheduled. You've applied for Social Security Disability (SSD) and/or Supplemental Security Income (SSI) and have been denied at least once or possibly twice (if your state has the Reconsideration stage).

In general Social Security hearings are pretty informal, nothing like you're accustomed to seeing on Court TV or the news. Typically, the only people in the hearing room are the judge, a court reporter who types what is being said, the claimant and if you are represented, your representative. It's also common for the Administrative Law Judge to request that a vocational expert and/or a medical expert testify at the hearing.

The main purpose of the hearing is for the claimant to testify. The majority of the time spent in the hearing room is spent with the judge asking the claimant questions and if you are represented by someone, having your representative ask you questions to inform the judge of important details.

Typically the judge will ask questions in order to better understand your case and obtain the required information to determine if you meet Social Security's definition of disability.

For the most part the the questions you are asked by the judge will fall into four categories:

Background Information
The judge will ask you questions about your education, who you live with and where you live. Basically, the simple questions that you shouldn't generally have to think twice about.

Work History
You will be asked about your work history from fifteen years prior to your alleged onset date up to the last job you held. You should be able to briefly explain where you worked, what you did on a daily basis, be able to explain what you were responsible for doing, whether the job was a physical job, whether you spent most of the day sitting down/standing up, whether you interacted with customers or the general public and what if anything you were responsible for lifting. If you have any earnings since your alleged onset date you may be asked to explain what this money is for.

Medical Condition(s)
Obviously you will be asked many questions about your disabilities and how they affect you on a daily basis. You will be asked what doctors you have seen, how often you visit the doctor, what medications you've been prescribed, what body parts are affected, how often you are in pain, how often you feel the side effects of your disability, what causes your pain or symptoms to get better or worse.  You may be asked if the medication helps your problems, if the medication has side effects or if you have ever been hospitalized. You should also be prepared to explain any gap in medical treatment (for instance if you no longer had medical coverage).

Be prepared for the one question that I believe every single judge I've ever appeared in front of has asked -- "In your opinion, what prevents you from working?"

Daily Activities 
This may be the most important portion of the hearing because it gives the judge an idea about into how you are affected on a daily basis by your disabilities. It gives them insight into what your limitations are. It's here where the judge will typically be able to determine whether he/she thinks you are a credible person or whether he/she believes you are exaggerating.

It's important to make sure the judge understands your limitations and how your disability prevents you from doing daily activities. But, at the same time, you do not want to lie or exaggerate. The judges who appear at Social Security disability cases hear hundreds of disability cases each year and literally thousands of cases in their lifetime. They can usually tell if someone is lying to them or if the person testifying in front of them is exaggerating their limitations.

The judge will ask questions about what your typical day consists of, what you do from when you wake up in the morning until when you go to bed at night, what chores you are able to do, whether you can drive, whether you can go out by yourself, whether you can cook/shop/do laundry. 


If you are preparing for your Social Security Disability hearing then you may want to read my blog post "What Happens At The Social Security Disability Hearing?" and "common Social Security disability mistakes that are easily fixed."

What Is The Difference Between SSD And SSI?

There are several different types of Social Security Disability benefits/programs. The two most common types are Social Security Disability Benefits (SSD) and Supplemental Security Income (SSI). When most people refer to Social Security Disability benefits they are referring to SSD.

To qualify for Social Security Disability Benefits (SSD), an individual must have enough work history credits which are acquired by paying into the Social Security system while you work. In general, in order to have enough work history credits an individual needs to have worked in five out of the ten years prior to becoming disabled.

In addition to having enough work history credits, an individual must prove that they are disabled. An individual must have a medical condition(s) that meets Social Security's definition of disability. It must be expected that you will be unable to work for at least a year due to your disabilities.

A common misconception is that in order to be eligible for any disability benefits from Social Security that you must be poor, or have very limited assets. This is not true. If you are disabled and applying for SSD, how poor or rich you are is completely irrelevant. I tell my clients that the "D" in SSD stands for "Donald," because even Donald Trump (if he were disabled) could qualify for SSD benefits as long as 1) he has earned enough work history credits, and 2) he meets Social Security's definition of disability.

Supplemental Security Income (SSI) is a separate Social Security program. The major difference between SSD and SSI is that SSI does not require work history in order to qualify. SSI is for individuals who have limited income and resources who are either older than 65, blind or disabled.

For the purposes of this blog, if you are a disabled individual with limited income and resources you may qualify for SSI, even if you have little or no work history.

After Social Security determines that you meet their financial criteria, they will decide whether or not you meet their criteria for disability. Social Security has the same definition of disability for those applying for SSD and SSI.

Social Security looks at the total income, finances and resources of the household when determining whether an individual meets the eligibility criteria for SSI. If a person is married, Social Security will take their spouse's income into consideration. SSI is the only disability benefits program available for children under age 18.

Sticking to the Donald Trump analogy, Mr. Trump certainly would not be eligible for SSI, no matter how disabled he was.

How Much Back Pay Can I Get From Social Security?

When you are awarded disability benefits by Social Security you will receive a set amount of money each month for as long as Social Security considers you to be disabled. Those who are receiving SSD benefits receive an amount of money each month based on their work earnings record and those receiving SSI benefits receive an amount equal to the maximum amount allowed by Social Security minus set amounts for income or resources.

If you apply for Supplemental Security Income benefits today, then today is the first day that you could possibly receive any back payment once you are awarded. So, if you apply for SSI on December 1, 2011 and you are found to be disabled by Social Security on June 1, 2012 you will receive a check for those months while you waited for your case to be decided. In this example, if Social Security determines that your onset date was December 1, 2011 and you meet the other criteria that the SSI program has (financial component), then you will receive back payment for six months. You will not receive back payment for any months that you do not meet the financial criteria for SSI. Since you first applied for SSI on December 1, 2011 that is the earliest month that you could receive benefits for. This is the case even if your disability began in December, 2008.

It is not as straight forward for those who are applying for SSD. If you have applied for SSD, Social Security allows you to receive retroactive payment for up to twelve months prior to the date that you filed your SSD application (assuming you can prove you were disabled that far back). However, Social Security regulations require that the first five months that you are considered disabled you do not receive any retroactive pay, there is a waiting period.

Using the same dates as above, assume that someone has been disabled since December 1, 2008 but does not apply for SSD until December 1, 2011. If Social Security agrees that the person's onset date is December 1, 2008 it is possible for the applicant to receive retroactive benefits from December 1, 2010 (one year before the initial application was filed). In this situation, the applicant does not lose five months of payment, because their onset date was more than five months before the person was first eligible to receive retroactive back payment.

In both examples you can see why it is very important to file for benefits with Social Security as soon as you know that you are expected to be out of work for at least a year.

This is a complex topic and can be even more confusing if you are applying for both SSD and SSI at the same time.

Onset dates can be a confusing but important issue in any Social Security disability case. If you are applying for SSD and/or SSI and are unsure what date you should use then you should contact an experienced disability lawyer.

Do Attorneys Slow Down The Social Security Disability Process?

I've had clients say to me before that they felt that their prior lawyer was slowing down the process to delay a decision from Social Security in order to increase any fee that they would receive if the client were eventually to be found disabled. I've also had clients ask me if our firm ever stalled the Social Security Administration in order to obtain larger retroactive benefits and therefore increase the fee that we received for assisting the client obtain either Social Security Disability benefits or Supplemental Security Income.

Tomasz Stasiuk, a Social Security Disability attorney in Colorado wrote an excellent blog post on this a few months back.

I agree with his opinion wholeheartedly that:

there is lot a lawyer can do for you: obtain evidence, file briefs, perform analysis, prepare you for your hearing. However, one thing a lawyer cannot do for you is make Social Security move faster than it wants to. No one can force SSA to make a decision before it is ready. The reason Social Security cases take so long is that there an enormous backlog of cases waiting to get through the system.

When you hire a representative, you are hiring someone to stand in line with you and help get you ready while you wait to get to the front. However, they cannot make the line move faster. If you change the person you’re waiting with just before you get to the front, it’s not the change that caused you to get to the front of the line. It is that your turn finally came up! The problem is that you don’t see the line in a Social Security case. You don’t know how many people are in front of you. All you know is that you waited a year with the old attorney, and only a couple of months with the new one.

 Related posts:

What Can A Social Security Disability Attorney Do For Me?
How Long Does It Take To Receive A Decision?

What Does Social Security Consider An Acceptable Medical Source?

As mentioned in another post, medical records are extremely important in your attempt to prove to Social Security that you are disabled.

According to Social Security, the following are acceptable medical sources:

• licensed physicians (medical or osteopathic doctors);
  
  
• licensed or certified psychologists including school psychologists (and other licensed or certified individuals with other titles who perform the same function as school psychologists in a school setting) only for purposes of establishing mental retardation, learning disabilities, and borderline intellectual functioning ;
  
  
• licensed optometrists only for purposes of establishing visual disorders (except in the U.S. Virgin Islands where licensed optometrists are acceptable medical sources only for the measurement of visual acuity and visual fields);
  
  
• licensed podiatrists only for purposes of establishing impairments of the foot, or foot and  the ankle, depending on whether the State in which the podiatrist practices permits the practice of podiatry on the foot only, or the foot and the ankle; and
  
  
• qualified speech-language pathologists only for purposes of establishing speech or language impairments. For this source, “qualified” means that the speech-language pathologist must be licensed by the State education agency in the State in which he or she practices, or hold a Certificate of Clinical Competence from the American Speech-Language-Hearing Association.

I Requested A Hearing, What's The Wait Time?

So you've now been denied at initial application and possibly Reconsideration and have requested a hearing in front of an Administrative Law Judge. Now you want to know how long you're going to have to wait until your case is heard.

Depending on where you live in the United States that wait time is going to vary drastically. Social Security routinely releases statistics that show the average wait time across their 165 hearing offices. The shortest wait time for a hearing once it's been requested is at the Mayagüez hearing office in Puerto Rico where the average wait time is 175 days. At the opposite end of the spectrum, if you live in the St. Louis area the average claimant waits 472 days for their hearing to be scheduled.

It's fairly safe to assume that if you recently requested a hearing, you should expect to wait at least seven months and it could take up to fifteen months.

What Is This Consultative Examination That Social Security Is Sending Me To?

In most cases, claimants for either Social Security Disability benefits (SSD) or Supplemental Security Income (SSI) are scheduled for Consultative Examinations by Social Security. Social Security may request that you go to an examination by a medical doctor for physical impairments and/or a psychologist for mental impairments.

In my experience, almost every client who has been denied on their initial application and at Reconsideration has been sent to a Consultative Examination in relation to the impairments that they are alleging. If a claimant is alleging both mental and physical impairments, then it is possible that Social Security will schedule both a mental and physical examination; or they may schedule one or the other.

The majority of the time these doctors are not helpful to the claimant's case (at least this is my opinion on physical examinations). But, it's in your best interests to attend these examinations. If Social Security schedules you for a Consultative Examination and you fail to attend then it's likely that your application for disability benefits will be denied. If you have to re-schedule the appointment, that can usually be done by contacting the claim's adjudicator in advance. However, I always suggest to my clients that they try their best to attend the examination when it is originally scheduled unless absolutely necessary to re-schedule.

If you confirm your attendance for the examination and then fail to show up for the appointment, Social Security is not obligated to re-schedule the appointment. Often, if you fail to appear and do not have a valid reason, Social Security will deny your application. If you fail to attend the examination, if the case goes to hearing, the judge is likely going to want to know what your reasons for failing to attend the examination are.

It has been my experience that the mental examinations are much more helpful and through than the physical examinations. Physical examinations, from what I have been told, seldom last longer than 10 minutes.

The Doctor Social Security Sent Me To Told Me I Was Disabled, Why Was I Denied?

From time to time a client tells me that they went to the Consultative Examination that Social Security requested that they go to and the doctor told them that they were disabled. Of course the client then is expecting the next correspondence from Social Security to be a Notice of Award. But, unfortunately that is not always the case.

I've had more than a few clients tell me that the doctor told them that they were disabled only for Social Security to turn around and deny them either at the initial decision or Reconsideration. Why does this happen? In my opinion it boils down to one of several possible reasons; either the doctor said one thing and wrote another thing in his report, the doctor may have said something which was misunderstood or the doctor did state that the claimant was disabled but Social Security - who is the ultimate decision maker - decided that the claimant did not meet the Social Security definition of disability.

The good news is that if the doctor at the Consultative Examination, whether it be a medical doctor or a psychiatrist, did include favorable evidence for you in their report that this may help you at the Social Security hearing.

If I Inherit Money Will That Affect My Social Security Disability Benefits?

Very simple answer.

If you are collecting Social Security Disabilty benefits (SSD), then your monthly benefits will not be affected by any inheritance. Since SSD is based on your work history credits, you can collect SSD benefits as long as you are disabled, even if you are a multi-billionaire.

However, if you are receiving Supplemental Security Income (SSI) then your benefits most likely will be affected. Since SSI is a needs based program, not only must you meet the Social Security criteria for disability, you must also meet the financial requirements. Depending on the amount that you inherit, these assets may disqualify you because of the financial component of the program.

What Happens At The Social Security Disability Hearing?

So you've applied for either Social Security Disability benefits and/or Supplemental Security Income and you've been denied at the Initial application, and possibly a second time at Reconsideration (if your state has this stage of the process). You've requested a hearing (likely about a year ago) and now you've been scheduled for a Social Security hearing in front of an Administrative Law Judge.

Here are a few things to prepare you for what to expect at your hearing:

• If you do not already have an experienced Social Security disability attorney, it's time to strongly consider getting one. If you have an experienced representative, they should be able to answer all of your questions; from what to wear to the hearing, to what type of questions to expect from the judge. Not to mention, they will hopefully present your case in an organized manner that shows the judge that you meet the Social Security definition of disability.
  
• Unlike most other legal proceedings, Social Security's new rules prohibit claimants from knowing who the Administrative Law Judge is ahead of the hearing.
  
• Social Security hearings are pretty informal, nothing like you're accustomed to seeing on Court TV or the news. Typically, the only people in the hearing room are the judge, a reporter who types what is being said, the claimant and if you are represented, your representative. It's also common for the Administrative Law Judge to request that a vocational expert and/or a medical expert testify at the hearing.
  
• In my experience, most hearings last about 45 minutes to an hour. I've had hearings that have lasted much less and hearings that have lasted much longer. But, in general, if you are represented by an experienced representative or Social Security attorney, you should expect your hearing to last close to an hour. From my experience of sitting in Social Security waiting rooms, hearings where the claimant is unrepresented rarely last longer than 30 minutes.
  
• The Administrative Law Judge rarely issues a decision the day of the hearing. This doesn't mean it never happens, but it's not common practice. So, don't go to the hearing expecting to have a final answer to whether or not your application for disability is being approved or denied. If you do not receive a bench decision (a decision the day of the hearing), you will have to wait to receive your written decision in the mail. The time frame to receive a decision varies by judge, some judges get their decisions sent out within a few weeks and unfortunately I've had judges that take up to three months to issue their decision.
  
• The main purpose of the hearing is for the claimant to testify. The majority of the time spent in the hearing room is spent with the judge asking the claimant questions and if you are represented by someone, having your representative ask you questions to inform the judge of important details.
  
  
• If you've been scheduled for a hearing, then read this article about common Social Security disability mistakes that are easily fixed.

If you are scheduled for a hearing then you likely have already waited at least eighteen months since the day you first applied for disability benefits. That's why I will repeat my suggestion that if you do not already have an experienced Social Security disability attorney, it's time to strongly consider getting one.

My Doctor Says I Am Disabled, Why Did Social Security Deny Me?

It happens at least a couple of times a week. A person calls and is perplexed as to how Social Security could deny their SSD or SSI application even though their doctor, or doctors say that they are disabled.

The truth is, although it's certainly helpful to have a doctor on board and willing to support your assertion that you are unable to work, the majority of doctors do not know Social Security's definition of disability.

There are certainly doctors out there who understand the Social Security disability process, but there are also a lot of doctors who do not know the slightest thing about Social Security, what the requirements are to qualify for Social Security disability and many that do not even know that such a program exists. Unfortunately, often these doctors tell their patients information that is inaccurate and then the disabled individual is left with misconceptions about the Social Security disability process.

My recommendation is if you have a disability or disabilities that prevent you from working go to your doctors for medical treatment. But, when you are prepared to apply for either Social Security Disability or Supplemental Security Income you should reach out to an experienced Social Security disability lawyer in your area.

How Far Back Can I Receive Back Payment?

When you are awarded disability benefits by Social Security you will receive a set amount of money each month for as long as Social Security considers you to be disabled. Those who are receiving SSD benefits receive an amount of money each month based on their work earnings record and those receiving SSI benefits receive an amount equal to the maximum amount allowed by Social Security minus set amounts for income or resources.

If you apply for Supplemental Security Income benefits today, then today is the first day that you could possibly receive any back payment once you are awarded. So, if you apply for SSI on December 1, 2011 and you are found to be disabled by Social Security on June 1, 2012 you will receive a check for those months while you waited for your case to be decided. In this example, if Social Security determines that your onset date was December 1, 2011 and you meet the other criteria that the SSI program has (financial component), then you will receive back payment for six months. You will not receive back payment for any months that you do not meet the financial criteria for SSI. Since you first applied for SSI on December 1, 2011 that is the earliest month that you could receive benefits for. This is the case even if your disability began in December, 2008.

It is not as straight forward for those who are applying for SSD. If you have applied for SSD, Social Security allows you to receive retroactive payment for up to twelve months prior to the date that you filed your SSD application (assuming you can prove you were disabled that far back). However, Social Security regulations require that the first five months that you are considered disabled you do not receive any retroactive pay, there is a waiting period.

Using the same dates as above, assume that someone has been disabled since December 1, 2008 but does not apply for SSD until December 1, 2011. If Social Security agrees that the person's onset date is December 1, 2008 it is possible for the applicant to receive retroactive benefits from December 1, 2010 (one year before the initial application was filed). In this situation, the applicant does not lose five months of payment, because their onset date was more than five months before the person was first eligible to receive retroactive back payment.

In both examples you can see why it is very important to file for benefits with Social Security as soon as you know that you are expected to be out of work for at least a year.

This is a complex topic and can be even more confusing if you are applying for both SSD and SSI at the same time.

Onset dates can be a confusing but important issue in any Social Security disability case.

Do I Have To Pay Taxes On Social Security Disability Benefits?

This really is a question that you should be asking an accountant or whoever assists you in filing taxes each year.

According to Social Security:

You will have to pay federal taxes on your Social Security benefits if you file a federal tax return as an individual and your total income is more than $25,000.  If you file a joint return, you will have to pay taxes if you and your spouse have a total income of more than $32,000.

Depending on the state you live in you may not have to pay state income tax for the benefits that you receive from Social Security.

Social Security has no authority to withhold state or local taxes from your benefit.  Many states and local authorities do not tax Social Security benefits.

What Is Reconsideration?

In most states if you want to appeal Social Security's decision to deny you disability benefits at the initial application you must "request reconsideration."

Several states, including New York, have eliminated this stage of the process. If you receive a denial notice from Social Security at the initial application then the letter from Social Security will inform you whether your next level of appeal is requesting reconsideration or, if you can request a hearing in front of an Administrative Law Judge.

In most states, including New Jersey, if you want to appeal Social Security's decision at the initial application, then you must request reconsideration. What does this mean? Basically, a different disability examiner employed by Social Security will review your case and determine whether or not you are disabled. Unfortunately, the overwhelming majority of the time, the result at Reconsideration is the same as the initial decision. Only about 20% of applicants are successful in getting approved for Social Security Disability benefits at the Reconsideration level.

If you have been denied Social Security benefits at the initial application and want to appeal that decision in most states you must file for reconsideration. It is important if you are not represented by an attorney that you read the letter from Social Security very carefully and submit the appeal within the required time frame. Social Security requires that if you are filing for reconsideration that your request must be returned within 65 days from the date on the denial letter. It is important to know that filing a new application is very different than filing an appeal.

Can A Lawyer Help Me File For Supplemental Security Income (SSI)?

Yes, an attorney can assist you with your application  for Supplemental Security Income (SSI). However, unlike when applying for SSD, the attorney cannot do your initial application online.

The reason why Social Security does not allow applicants to file their SSI application online is because before they review your disabilities and analyze your case from a disability standpoint, they determine whether you meet their financial criteria.

For this reason, most attorneys will require that if you are not eligible for SSD, that you apply for SSI on your own before they begin working on your case for you. The reason being, if you do not meet the criteria financially for SSI, there is nothing that your lawyer can do for you. You hire an attorney to assist you in proving to Social Security that you are disabled. If you do not meet the financial component, then Social Security never actually analyzes your case from a medical point of view.

If you intend on filing for Social Security disability benefits then I recommend you contact a lawyer in your area that is experienced in handling Social Security cases. They will inform you what their policy is on assisting with SSI applications if that is what you are applying for.

Can I Receive SSI If I Leave The United States?

Under Federal Regulations

You lose your eligibility for SSI benefits for any month during all of which you are outside of the United States. If you are outside of the United States for 30 days or more in a row, you are not considered to be back in the United States until you are back for 30 days in a row.

You may again be eligible for SSI benefits in the month in which the 30 days end if you continue to meet all other eligibility requirements.

By United States, we mean the 50 States, the District of Columbia, and the Northern Mariana Islands.

Can I Receive SSI If I Leave The United States?

Under Federal Regulations

You lose your eligibility for SSI benefits for any month during all of which you are outside of the United States. If you are outside of the United States for 30 days or more in a row, you are not considered to be back in the United States until you are back for 30 days in a row.

You may again be eligible for SSI benefits in the month in which the 30 days end if you continue to meet all other eligibility requirements.

By United States, we mean the 50 States, the District of Columbia, and the Northern Mariana Islands.

What Is Social Security's Definition Of Disability?

The Code of Federal Regulations defines what disability means in §404.1505.

According the to the Regulations:

The law defines disability as the inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.

In order to meet the required definition of disability under the law, an applicant "must have a severe impairment(s) that makes you unable to do your past relevant work or any other substantial gainful work that exists in the national economy."

If you do not have an impairment that meets one of Social Security's listings, then Social Security will analyze your Residual Functional Capacity under the five-step sequential evaluation process.

The Social Security Administration has different rules for those who are blind.


Declan Gourley is a New Jersey Social Security Disability lawyer.