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Attorney Shawn Taylor

The factors that determine SSD benefit amounts

by | Jan 17, 2018 | Social Security Disability |

If a person is collecting Social Security Disability benefits, the benefit amount remains the same regardless of where that person lives. For instance, if a person moved to West Virginia from New York, the recipient would see no change to future payments. This is because the system is a federal one, which means that the rules apply equally in all states. However, those who receive benefits may see changes to their state supplementary benefits.

The amount that people receive depends on a variety of factors, but cost of living is not one of them. The only way they would receive less in benefits in a given month is if they had substantial work activity or if their benefits were garnished. The only way benefits are garnished is to repay student loan, federal tax or back child support debts. They will not be garnished to repay a credit card company or similar creditors.

Those who meet the medical requirements necessary to qualify for SSD benefits may do so at their earliest convenience. Generally, there needs to be reason to believe that a legitimate medical issue will persist for at least the next year. Those who receive benefits may also be limited in how much money they can earn in a year without jeopardizing future benefit checks.

Individuals who have had their initial application for benefits denied may wish to speak with an attorney. It may be possible to learn more about why the application was denied or work to win a case on appeal. In some cases, a person may have better odds of getting a favorable outcome with the help of legal counsel.