Social Security

Since the pandemic, we’ve been reminded just how vulnerable so many Americans living paycheck-to-paycheck really are. The cost of gas, food, and everyday essentials has placed a strain on many households, particularly people on a fixed income. Social Security benefits are an essential safety net for many people, including seniors and children.

Social Security pays 5 types of benefits

• Retirement
• Disability
• Spouse/ Dependent
• Survivors
• Medicare

Understanding Social Security Disability

There are two types of disability benefits the Social Security Administration (SSA) offers:

1. Social Security Disability Insurance (SSDI) is generally referred to as disability.
2. Supplemental Security Income (SSI) is a needs-based program disability benefit for those who are disabled but do not have enough work credits to qualify for SSDI.

SSDI

• You must have worked in jobs that pay into Social Security (e.g., paid Social Security taxes).
• SSDI is essentially your retirement benefit that you’re getting early due to disability.
• In addition to meeting SSA’s definition of being disabled, you must have earned 40 credits.
  • Every $1470 in wages counts as a credit.
  • 20 credits must be earned in the last 10 years.
    • Younger disabled people may qualify with less credits.

To qualify, you must meet:

• 1. SSA’s medical disability requirement
  2. Non-medical Requirement
     • whether the claimant has the required number of credits
  3. Considers the income of those living with you to determine if you fall under the resource restrictions.

SSI

To qualify, you must meet:

1. SSA’s medical disability requirement
2. Non-medical requirements
   • Cannot exceed income/resource limit
     • Because it is essentially a needs-based program, it has very strict income & asset restrictions.
     • Individual beneficiaries cannot have more than $2000 in resources, and couples cannot have more than $3000.
     • When applying, SSA looks at your: anything you may own (car/home)
     • Considers the income of those living with you to determine if you fall under the resource restrictions.

Compassionate Allowance Listing

The Compassionate Allowance Listing is a list of illnesses that if medical records reflect the illness, SSDI or SSI will automatically approve the application pending you meet the other requirements.

For example, if applying for SSI benefits and your medical illness is listed, but you exceed the resource limit, you will be deemed ineligible for benefits.

To review the current listings, click here.

Cost of Living Adjustment (COLA)

Social Security benefits have been adjusted annually since 1975. The 2022 COLA of 5.9% increased the average retirement benefit by $92 a month.

Your local Social Security office can be found here.

Disability Adjudication Process

Disability Application Process Quick-Step Guide

1. Applicant applies for benefits
2. Field office screens application
3. Medical records are reviewed by Disability Determination Service (medical experts)
4. Decision sent back to field office
5. Unfavorable decision → “Request for Reconsideration”
6. New adjudicator will make new decision
7. Decision sent to field office
8. Field office sends letter to applicant
9. If request for reconsideration is denied → request hearing is made before an Administrative Law Judge (ALJ)
10. If ALJ makes unfavorable decision → appeal with Appeals Council
11. Appeals Council favorable decision → case remanded back to hearing office for new decision by new judge
12. Appeals Council unfavorable decision → file in federal court

Congressman Johnson’s Accomplishments

• Voted on the historic Inflation Reduction Act. This important legislation:
  • Empowers Medicare to begin negotiating directly for the price of prescription drugs and requires the Health and Human Services Secretary to negotiate the maximum number of drugs allowed by the bill each year.
  • The bill caps the monthly out-of-pocket cost for insulin to $35 for those with Medicare coverage. Republicans shamefully stripped out a provision that Congressional Democrats included that would have expanded this out-of-pocket insulin cap to anyone with private insurance.
  • Protects seniors from Big Pharma price gouging by capping Medicare out-of-pocket costs at $2,000 per year, with the option to break that amount into affordable monthly payments and provides seniors with free vaccines.
  • Reduces the costs for people with fixed-or-low-incomes by expanding premium and co-pay assistance on prescription drugs, raising the income threshold for the Medicare Part D Low-Income Subsidy Program (LIS).
• Since 2007, Congressman Hank Johnson has helped thousands of residents navigate housing, health care, Social Security, IRS and veterans benefits and surpassed $59.5 million in constituent services.
• July 26, 2019, Congressman Hank Johnson introduced bipartisan legislation, the Affordable Prescriptions for Patients Through Improvements to Patent Litigation Act to lower prescription drug costs.
• Cosponsored H.R. 849, the Protecting Seniors Access to Medicare Act, which amends the Patient Protection and Affordable Care Act (PPACA) to terminate the Independent Payment Advisory Board (IPAB). Under PPACA, the IPAB was tasked with developing proposals to reduce the per capita rate of growth in Medicare spending.
• Cosponsored H.R. 3178, the Medicare Part B Improvement Act of 2017. This bill contains several bipartisan measures to improve Medicare services, including expanded access, efficiency, and the reduction of administrative requirements for licensed providers.