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There are two (2) types of Social Security Disability Benefits.
One is Title II. This is like any other disability insurance. You work and they take out the "premiums." If you qualify (generally 40 quarters (10 years) of work depending on age) then your other income and assets do not make a difference.
The other is Title XVI or SSI. This is "need" dependent and your assets and other income do make a difference although some assets (i.e. home) are exempt.
Medically, they are the same.
The Secretary goes through a process to determine if you are medically disabled. The process is:
1. Is the individual working. If so--not disabled. If not:
2. Does the individual have a "severe medical impairment." A "severe medical impairment" is on which "significantly affects" one's ability to perform "substantial gainful employment."
3. If yes--does the impairment meet or equal the "listed" impairments? If yes--disabled. If not:
4. Can the individual continue to perform his/her "past relevant employment?" If yes--not disabled. If not:
5. Can the individual perform any other substantial gainful employment taking into consideration their medical limitations and their age, education and past relevant work history. If yes--not disabled. If not then you are on.
There are five (5) steps in the application/appeals process:
1. Initial application.
2. Application for reconsideration.
3. Hearing before an ALJ (Administrative Law Judge).
4. Review by the Appeals Council.
5. Suit in the U. S. Federal District Court in your home District.
Hope this helps some.
TC&GL. PM me if you need any other info.
P.S. JMHO, of course, but getting your Congressman or Senator involved (they cannot do anything but make an inquiry) just makes the folks in the SSA in a bad mood. There are not any "high priced lawyers" in this area--the fees are limited to 25% of past due benefits or a maximum of $5,000 some odd dollars (they just raised it from $4,000.00) Check out the SSA Web site for further information www.ssa.gov .
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