• Christopher Le

Can I receive temporary SSI benefits as I'm waiting for final approval of my SSI disability claim?

Can I receive payment as I wait to receive final approval on my SSI claim?


Since applying for SSI disability benefits can be a long process, the Social Security Administration has made temporary benefits available for certain disabling conditions. These benefits are called 'Presumptive Disability Benefits', and are available for the first 6 months while SSA processes your disability claim. Its important to note that presumptive disability only applies for those filing for SSI benefits and is not available to SSDI applicants.


What is Presumptive Disability

Presumptive disability payments are designed to provide the claimant with financial support while SSA finalizes its review of the applicant's case and the disability application.


Conditions That Qualify for Presumptive Disability

SSA has the discretion to grant immediate SSI payments, or presumptive disability, if the claimant meets the criteria. Generally the most severe conditions qualify for presumptive disability such that the applicant is "presumed" to be disabled. The following conditions are eligible for presumptive disability:

  1. symptomatic HIV infection or AIDS

  2. total blindness

  3. total deafness

  4. Down syndrome

  5. amputation of two limbs or of one leg at the hip

  6. spinal cord injury with inability to walk without walker or similar device

  7. stroke, more than 3 months ago, with difficulty walking or using a hand or arm

  8. muscular dystrophy, cerebral palsy, or muscular atrophy, with difficulty walking, speaking, or using hands or arms

  9. severe intellectual disorder (seven years old or older)

  10. end-stage renal (kidney) disease (ESRD) requiring chronic dialysis

  11. amyotrophic lateral sclerosis (ALS), a.k.a. Lou Gehrig's disease

  12. low birth weight

  13. confinement to bed and required use of a wheelchair, walker, or crutches due to a longstanding condition, and

  14. terminal illness, in hospice, with six months or less to live.


Temporary Presumptive Disability Payments

Monthly presumptive disability SSI payments can only last up to 6 months. As soon as SSA reaches a final determination regarding the disability claim, the presumptive disability benefits will end. If you are approved, then you will receive begin receiving your SSI benefits. If the SSA has not made a decision within six months, the presumptive disability payments will stop. If the SSA denies the disability claim, you do not have to repay the money you received back.


How to Apply for Presumptive Disability Benefits

You apply for presumptive disability benefits when you are filing your application for SSI at the SSA office. Its best to indicate that you would like to file for presumptive disability or you can send a letter into SSA or DDS after you file your application indicating that you believe your claim qualifies for presumptive disability. Its always best to hire or consult with an experience social security disability attorney. You can always contact social security disability attorney in San Antonio, Christopher Le, if you ever have any questions.

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