How do I apply for disability benefits through the Social Security Administration?

Mon, 09 Feb 2009 02:21:52 GMT

Applying for disability benefits through the Social Security Administration can be a long and confusing process. However, if you get together all of the information that you need to know before you apply for disability benefits, the application process should go smoothly for you.

First, you should understand that Social Security uses very strict definitions of disability for granting disability benefits. For example, if you are currently working and earning more than $980 per month, you are generally not considered to be disabled. Plus, your medical condition or illness has to be severe, in that it interferes with your ability to perform work-related duties. Even if you meet these conditions, then the Social Security Administration still has to consider whether you are otherwise eligible for disability benefits.

In order to apply for disability benefits, you will have a disability interview in person at your local Social Security office, or by telephone. During this interview, you will complete a disability application. You will need to gather a lot of information for your interview. If you have trouble getting this information, however, Social Security staff can help you get information. For instance, you will need:

· Contact information for doctor’s offices and hospitals where you have treated (name, address and telephone number), and the dates of your treatment by each doctor or hospital

· A list of your current medications and dosages

· Any medical records that you have

· A copy of your birth certificate

· A copy of any discharge papers if you were in the military

· Your W-2 form(s) from last year if you worked, or your federal tax return from last year if you were self-employed

· Your job history, including dates and kinds of jobs that you held

· Social security numbers for your spouse and child(ren)

· The account numbers for your bank account, if you have one

· Contact information for a friend or family member who will always be able to contact you

To prepare for your interview, you will need to be able to identify your disabling medical condition or illness, as well as the symptoms that your condition causes. You should know the date on which you became disabled, or could no longer work.

After your interview, your application is reviewed by a state agency. They will review your medical records that are related to the medical condition that you think makes you disabled and unable to work. You may be asked to have an examination by another doctor or medical test; you don’t have to pay for any examinations or tests requested by Social Security, but you do have to keep the appointments that are scheduled for you.

It takes about three to five months to get a decision about your disability benefits. It may take longer if Social Security must gather a lot of medical records and/or other evidence about your medical condition. If Social Security denies your application for disability, there is a review and appeals process available to you; during this process, Social Security will review the denial of your disability application, and take into account any new information that you have about your medical condition.

Special Education Eligibility

Tue, 21 Oct 2008 19:24:20 GMT

The federal Individuals with Disabilities Education Act (IDEA) requires that a student with a qualified disability be provided with special education or related services so that the student can make effective progress in the general curriculum.

How is Eligibility Determined?

First, someone must raise a concern about the child’s progress in the general curriculum and make a referral for a special education evaluation. The school district must then notify the parents that a referral has been made and request the parent’s informed consent to the evaluation. The parents must be provided with information about why their permission is sought to evaluate the child and what the possible outcomes of that evaluation could be for the student.

After parental consent has been obtained, the school district must begin the student’s evaluation. The evaluations used must be administered by qualified individuals, validated, as free from cultural bias as possible and tailored to assess the specific needs of the student.

Once the evaluations are complete, the school must convene a meeting to determine eligibility. IDEA requires that the following people be present at this meeting: the parents, a representative of the school district who has the authority to commit district resources, a representative of the school district who is qualified to provide special education services and who is knowledgeable about the general curriculum, the child’s general education teacher, individuals who can interpret the evaluations, any individuals whom the parents wish to invite and in some cases the student, if one of the purposes of the meeting is to discuss transition services.

This team that is convened to decide eligibility must consider whether the student has a disability, if the student is making effective progress in the general curriculum, if the lack of progress is a result of the student’s disability and whether special education or related services are needed in order for the student to make effective progress in the curriculum.

What If You Disagree With the Eligibility Determination?

If your child is found eligible for special education and you disagree with that determination you can withhold your consent on the Individualized Education Plan (IEP) that is proposed by the school district. The school district may not begin initial special education services without your consent.

If your child was found not eligible for services and you think that the child should receive services then you may appeal the finding of no eligibility. Alternatively, if your child has a disability and does not need special education instruction but does need accommodations then you can request accommodations or modifications pursuant to a federal civil rights law, Section 504 of the Rehabilitation Act.

If you disagree with the results of an evaluation that was used in determining eligibility then you can request an independent education evaluation be conducted. The results of the evaluation must be considered by the evaluation team.

The special education eligibility process can be a confusing and an emotional time for parents. However, it is an important process that is designed to make sure that students with disabilities who cannot access the general curriculum are given the means to do so. Parents can help in this regard by understanding their legal rights and working collaboratively with school districts.

For more information on special education eligibility, contact an education law attorney today.

The IDEA of Special Education

Tue, 01 Sep 2009 00:59:11 GMT

Individuals With Disabilities Education Act (IDEA)

The federal Individuals with Disabilities Education Act (IDEA) entitles children with disabilities to a free and appropriate public education. Gone are the days when public school systems can refuse to educate a child because of the child’s cognitive, emotional or physical disabilities. Now, each school district must comply with federal and state laws and regulations to provide special education students with the free appropriate public education to which they are entitled.

Eligibility

In order to be entitled to a free and appropriate education, a student must qualify for special education by having a disability and needing special education services. Students may have a disability that requires accommodations but not special education services. For example, a student with a physical disability may need extra time between classes or a desk that accommodate a wheelchair but the student may not need special education services. The student would then qualify for accommodations pursuant to Section 504 of the Rehabilitation Act.

The local school district must conduct an evaluation in order to determine if a child is eligible for special education. A parent may request an evaluation or a school district may propose an evaluation. A parent must provide informed consent before an evaluation. Typically, that means that the school district must provide a parent with a list of evaluations that will be conducted and a statement of the parent’s rights in special education.

IEPs

After completing an evaluation, the school district must convene a meeting to discuss the evaluation results and the child’s eligibility for special education. The law provides that the child’s teacher, parent, a person authorized to commit district resources (money) and people qualified to interpret evaluation results be present at the IEP meeting. This group of people is known as the IEP Team in many states. If the child is found ineligible for special education then the parent will be notified of that decision.
If the child is found eligible for special education, then the IEP Team will develop an Individualized Education Plan (IEP) that addresses the special education needs of the student. The IEP includes annual measurable goals that the student should be able to achieve with the help of special education services, a description of the direct special education services, related services and accommodations and a summary of test results among other things.

Disputes

While many IEPs are developed each year that provide students with important and necessary services, there are times when parents and school districts disagree with each other about special education eligibility or the contents of the IEP. Parents who disagree with school districts have several options available to them. Parents may seek mediation or formal due process hearings to resolve conflicts with the school district. If the child already has an agreed upon IEP in place at the time the parent files for mediation or due process then the last agreed upon IEP remains in effect until the dispute is resolved.

There are many legal deadlines and requirements that are designed to protect the rights of students with disabilities. Parents of students with disabilities should carefully review the Parent’s Rights document put out by their state Department of Education and consult with an education attorney as necessary if a dispute should arise that is unable to be resolved with school district personnel.

What is the difference between Social Security Disability Insurance and Supplemental Security Income?

Mon, 09 Feb 2009 02:27:57 GMT

The Social Security Administration provides two major benefits programs for disabled persons – Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). In order to be eligible for benefits, both programs require that your medical condition be expected to last for one year or to result in death. There are no partial or short-term disability benefits through either of these programs. You are not eligible for either program unless your disability is severe and prevents you from doing major work-related activities. If you are currently working and making even a fairly low amount of monthly income, then you probably are not eligible for SSI or SSDI benefits.

SSDI is a benefits program for disabled persons who have worked for a certain period of time and have paid Social Security taxes; SSDI is based on your earnings record while you were working. SSDI also may be available to your adult child who became disabled before the age of 22, based on your earnings record. If you have dependent children in your household, and/or a spouse who is caring for those children, your children and/or spouse may also be eligible for benefits based on your earnings record.

The amount of SSDI that you and your family members receive is based on your earnings record; the more Social Security taxes you have paid, the higher the amount of SSDI you will receive, up to a certain limit. You should receive a statement from the Social Security Administration each year that lists your lifetime earning records, and tells you the amount of SSDI benefits that you could receive based on that earnings record.

On the other hand, SSI is a benefits program for aged, blind, and/or disabled persons who have limited incomes and resources. SSI is available for persons who don’t have a sufficient earnings record to qualify for SSDI. SSI also provides benefits for disabled children. SSI is income-based, and is designed to provide basic needs for low-income people such as food and housing; SSI comes from general taxes, not from Social Security taxes.

The amount of SSI benefits that you can receive does not depend on your past job earnings, like SSDI does. Therefore, even if your disability prevented you from working at all, you still may be entitled to SSI benefits. Keep in mind, however, that if you receive income from any other source, it may reduce or eliminate your eligibility for SSI benefits. In the year 2008, the maximum amount of SSI benefits that you could receive was $637.00 per month; the federal government generally adjusts the monthly maximum amount of SSI for the cost of living each year.

If you have over $2,000 worth of resources, or $3,000 worth of resources for a married couple, you will not be eligible for SSI. Resources are things like land, vehicles, life insurance, and bank accounts. However, some resources don’t count for SSI purposes, such as the home that you live in. There are also strict rules and limitations on eligibility for SSI when you have sold or given away certain resources. Finally, SSI also depends on your living situation, such as whether you live in your own home, or whether you live in someone else’s home.

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