Illinois Disability Benefits: You Have Two Options
Both programs I mentioned above pay monthly Illinois disability benefits to qualified applicants. They use same the medical screening questions to determine whos too disabled to work for at least one year. In addition, the Social Security Administration manages both disability assistance programs. However, thats where the similarities between SSDI and SSI end. You can apply for Illinois disability benefits paid through these two programs:
Luckily, you only have to fill out the claim paperwork once to apply for benefits from both programs. Just check the box asking the SSA to screen you for both SSI and SSDI benefits!
What Does Disability Insurance Do
Disability insurance is sometimes called disability income insurance because it is designed to replace a portion of your income if you are unable to work because of a serious illness or injury. Disability insurance pays benefits directly to you, so you can cover your expenses with no limitation on how the money can be spent. Policies vary, but disability insurance can protect up to 70% of your income for a period anywhere from 3 months to the time you reach retirement age. While every policy is different, the two main differences between long term and short term disability policies are the length of the benefit periods and the level of coverage each type of policy offers.
How Much Do You Get For Disability In Illinois
SSI is a federal program, so most of the monthly disability benefit is from the federal government. As of 2022, the maximum federal monthly payment for individuals who have no other income is $841 the payment for couples is $1,261 per month.
The State of Illinois chooses to pay an additional monthly payment to supplement the monthly federal payment.Social Security calls these additional payments “state supplemental payments” , but Illinois calls them “AABD Cash Assistance.” AABD stands for “Aid to the Aged, Blind or Disabled.”
The Illinois Department of Human Services determines the amount of your AABD cash supplement by looking at your expenses and income. DHS will subtract your “monthly maintenance costs” from the amount of your SSI payment . If your maintenance costs are higher than this combined amount, Illinois will pay you additional amounts for food, clothing, shelter, utilities, and more.
You can apply for AABD Cash online at www.dhs.state.il.us or at your local Illinois Department of Human Services office.
The SSP is administered by the Illinois Department of Human Services . For more information, see AABD Cash Assistance allowances on the DHS website.
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You Need Very Low Income And Almost No Assets In Order To Qualify For Ssi
The SSI program screens every Illinois disability applicant for financial purposes. First, you cannot receive more than $1,350/month to qualify for SSI. This includes any money you get on a monthly basis, not just your work earnings. The SSA looks for things like alimony, child support payments, savings account interest, etc. Next, theyll look at how much you currently have in your bank account. If your balance is more than $2,000, the SSI program wont approve you for Illinois disability benefits. Then, the SSA looks for other countable assets that may push you over that $2,000 limit. Anything you can sell easily for cash goes into that category, such as jewelry, stocks, bonds, etc. Things the SSA wont count towards your total asset limit include:
- Your house and the land its on, if you own it
- One vehicle for household transportation
- Your wedding ring, furniture, clothing or daily living items
The SSI program has different income and asset limits for married couples who apply for Illinois disability. Eligible couples need less than $3,000 in assets and $1,350 in monthly income to qualify for SSI-based Illinois disability benefits.
How Long Do Short Term Disability Benefits Last
Most short term disability plans offered through an employer provide income replacement for a period of three to six months, though some plans/policies may provide for as little as one month or as much as a year of short term disability benefits or more. There is typically a waiting period of one to two weeks before benefits commence.
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Reasons Why Short Term Disability Benefit Claims Get Denied
Short term disability claims may be denied due to a failure by you, your employer, or your doctor to timely submit paperwork, or if the paperwork submitted is deemed not to support the existence of a disabling impairment. Even if your doctors and employer support your disability claim, it may nonetheless be denied if a doctor or nurse hired by the disability plan reviews the medical evidence and provides an adverse report. Often, this is done without an examination, based on a review of records only. If your disability claim is denied for any of those reasons, or for other reasons, contact DeBofsky Law for a free consultation to discuss your appeal rights.
You May Qualify For Legal Assistance
Want to nearly triple your chances for getting Illinois disability the first time you apply? Have a lawyer file your claim! A Social Security attorney charges nothing up front for professional legal assistance. Federal law says the SSA must approve any legal fees your attorney wants to charge before you pay. Thats because all Illinois disability lawyers work on contingency. For this reason, you cannot owe any fees until after your claims approved for Illinois disability benefits. So, you wont pay a dime unless your case wins. And if you do win, youll only pay a small, one-time fee.
Ready to see if you may qualify? Click the button below to start your free online benefits evaluation now!
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Illiniois Short Term Disability Laws
Short-term disability insurance is very important. It provides some income usually a percentage of current income to help if someone becomes temporarily disabled and unable to work. Unfortunately, in the state of Illinois, there is no state mandate for disability insurance.
What If I Am Fired Or Treated Differently Due To My Disability
If you feel that you are being discriminated against in some capacity, which includes being terminated, being passed over for promotions and raises, or not afforded the chance to have employment that you are otherwise qualified for, you need to contact the Equal Employment Opportunity Commission to report the perceived discrimination. The EEOC will then investigate the claims and render a finding. For more information read our article, Title VII and Change to Employee Discrimination Law
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What Disabilities Qualify For Short Term Disability Benefits
Any disabling illness or injury can qualify you to receive short term disability benefits, as can childbirth, recovery from surgery, and other medical procedures that temporarily prevent you from working. Generally speaking, a disabling impairment is one that prevents you from performing the material duties of your occupation. Most short term disability plans utilize a subjective definition of occupation, meaning you are disabled if you are unable to perform your occupation as you performed it for your specific employer. Thus, if you are a social worker and were required to drive as part of your job, and you suffer a disability that prevents you from driving, you will be deemed to be disabled even if driving is not a material job duty of social workers in the local or national economy.
Whats The Difference Between Short Term Vs Long Term Benefit Periods
The biggest difference between short term and long term disability insurance is the period of time youll receive benefits if youre unable to work. This period is called the benefit period. As the name indicates, short term disability insurance is intended to cover you for a short period of time following an illness or injury that keeps you out of work. While policies vary, short term disability insurance typically covers you for a term between 3-6 months. On the other hand, long term disability is intended to provide benefits for a longer period, and benefit periods for long term disability insurance are usually stated in years: 5, 10, 20 or even until you reach retirement age, depending on your plan.
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Il State Disability Benefits
Illinois state disability benefits do not cover temporary medical conditions caused by off-the-job accidents and sicknesses. As mentioned above, residents must address these possible losses themselves.
However, the state does administer two programs that address occupation-related and permanent medical conditions: Workers Compensation, and Social Security.
Who Determines If I Am Qualified As Disabled
The Americans with Disabilities Act has established a series of rules and standards that will determine what type of situations qualify as disabilities. To establish a disability in the legal sense, you must fall into one of the determinations found in the ADA and receive a determination the Social Security Administration .
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Can I Request Accommodations Based On My Disability
Yes, if you can perform the essential functions of your position with the assistance of a reasonable accommodation, your employer is required to make such an accommodation for you. Your employer is not required to change the functions of your employment position but must allow the accommodation that allows for you to complete those functions.
Rights Of Employee With A Disability In Illinois
- Who Determines if I am Qualified as Disabled?
- Does There Always Need to be an Agency Determination?â
- Do I Need to Discuss My Disability with My Employer?â
- Once I am Determined to Have a Qualified Disability, Do I Have Additional Rights?â
- What Types of Activities are Protected?â
- Can I Request Accommodations Based on My Disability?â
- What is a Reasonable Accommodation?â
- Is My Employer Required to Provide a Reasonable Accommodation When Requested?â
- What if I am Fired or Treated Differently Due to My Disability?â
- What is Short Term Disability?â
- How is Short Term Disability Different than a Permanent Disability?â
- How Long Can Short Term Disability Last?
In this article we will be discussing What are my rights as an employee with a disability? And How does short term disability apply in Illinois?
Employees with disabilities are protected by both State and Federal law. The protections are intended to ensure that anyone with a qualified disability is not discriminated against, treated unfairly, or denied an opportunity based on their disabilities.
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How Is Short Term Disability Different Than A Permanent Disability
Short term disability allows for the same accommodation requests and protects your continued employment. In the case where you can no longer work due to the temporary disability, your income is protected through disability insurance which pays a percentage of the disabled employees regular income.
How To Apply For Social Security Disability In Illinois
The Social Security Administration provides a few different ways to file for Social Security disability benefits in Illinois. You can do any of the following:
- Visit your local Social Security Administration office. The SSA’s field office locator can help you find the location nearest to you.
- Telephone the SSA at 772-1213. A customer service representative can make an appointment for you to apply in person or by telephone. If you file in person, you’ll fill out a paper version of the application for Social Security disability.
- Visit www.ssa.gov/applyfordisability and apply for disability benefits online.
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My Benefits Online Member Solution For Disability Claims
Submit and manage your disability claims online through My Benefits, our self-service tool.
- Submit a new disability claim
- Link to existing disability claims
- Access and review your claim documents
- Upload supporting documents
- Track the status of your disability claims
- Review your payment history
- Send and receive secure messages
Does Illinois Provide Short Term Disability
The Illinois Insurance Center offers short-term disability programs throughout the state of Illinois in areas such as Chicago. Contact an agent to learn more about Illinois short-term disability insurance.
How many weeks do you get paid for short term disability?
Short-term disability benefits cover a short leave from work. The amount of time varies between plans, but its generally between 17-52 weeks. The maximum benefit period is the maximum number of weeks you can get payments.
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Alternate Options For Short
There are several alternate options for short-term disability payments in Illinois. One option is through workers’ compensation. This is available to workers who sustain any injuries developed while working on the job.
Additionally, if the person is an employee of Illinois, they are eligible for noninjury, short-term disability payments under certain circumstances. These circumstances are set forth by the state legislature and enforced by a state agency. The total benefit amount would typically be equal to 50 percent of the workers average compensation.
How Long Will I Wait For My First Payment Once My Ssdi Claims Approved
Six months from your SSDI application date is the soonest youll get your first Illinois disability check. Actual wait times vary, but each SSDI application takes about 3-5 months to process. Federal law enforces a five-month waiting period before any applicant can receive monthly SSDI benefits. If youre out of work for five or more months before you apply, you can skip that wait time. Just dont wait too long to file your SSDI claim for Illinois disability benefits! Want to double your chances for approval the first time you apply? Have an attorney file your application. Legally, an Illinois disability attorney cant charge you anything unless the SSA grants you benefits. Right now, SSDI claims take 410 days to process, on average.
If you apply on your own without a lawyer, the approval rate for first-time Illinois disability claimants is 6%. If denied, you have four chances to appeal. You must do this within 60 days after your denial letter arrives in the mail. Reconsideration is the first appeal step and it takes another 100 days, on average. The approval rate at reconsideration is currently 2%. Denied again? Appeal a second time to plead your case to an Administrative Law Judge . How long that might take depends entirely on where you live. Chicago residents wait just 9 months, on average, for a court date. In Evanston, youll wait about 13 months for your hearing. If the Illinois disability judge approves you, youll wait about 1-2 years for your first SSDI check!
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Submit Your Claim And Prepare For Follow Up
Submitting a claim for short-term disability benefits is only the beginning of your journey. Once the insurance company has your information, it will assign you an adjuster who will process your claim and review your evidence.
Dont be surprised if the adjuster asks you for additional information. You may need to complete more forms and provide more evidence. The adjuster may even try to pressure you into making a statement or meeting with them in person. If youre uncomfortable with any of these tactics, you should immediately contact a short-term disability lawyer, and you should never welcome an insurance company representative into your home.
If Youre Denied Call Your Disability Insurance Attorney And Consider Your Options
Insurance companies frequently deny short-term disability claims, even if theyre legitimate. If your application for benefits is denied, dont give up. Instead, contact an attorney at Bryant Legal Group. Well review your case, evaluate the insurance companys reasoning, and give you honest advice.
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Who Can File An Ssdi Claim For Illinois Disability Benefits
Not sure if you meet the SSDI programs eligibility rules? Heres a quick and easy way to find out. If you answer yes to all four questions, you already meet the requirements:
- Did you work full-time jobs for 5 in the last 10 years and pay Social Security taxes? This is the first and most important step to qualify for SSDI. Otherwise, the SSA will automatically deny your claim.
- Is your mental or physical condition terminal, or expected to last at least one year? SSDI program rules say your health issue must force you to stop working at least 12 months. The SSA auto-rejects your claim if you get better in less than one year.
- Have you seen a doctor within the last year? If yes, then great! Youre one step closer to approval. Otherwise, the SSA needs to confirm your diagnosis prevents you from working. Theyll schedule a Disability Determination Services exam after apply for SSDI. If you cant afford to see a doctor, talk to an Illinois disability lawyer before you apply. An Illinois disability lawyer can pay for treatment and medical evidence needed to support your claim.
- Are you at least 18, but younger than full retirement age ? The SSDI program specifically provides benefits for working-age Americans. Once you turn either 66 or 67, you reach what the SSA calls your FRA. After that, SSDI benefits convert into regular Social Security. Read this to learn why you cant draw Social Security retirement and disability at the same time.
Talk To Your Doctors And Health Care Providers
When you apply for short-term disability benefits, youll need strong evidence from your medical providers that substantiates your claims. This evidence may include medical records, diagnostic tests , and detailed written opinions that outline your limitations. Thats why we suggest you discuss your eligibility for disability insurance early on with your doctors. If your physicians support your short-term disability claim, youll be in a much better position.
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