The answer is YES in some situations. SSA has a program called Presumptive Disability to help people who have impairments that are very likely to be found to meet SSA’s disability standard whereby they will be paid SSI Benefits for up to six (6) months while awaiting an initial-level medical determination from the state Disability Determination Services (DDS). But this program is only available for Supplements Security Income (SSI) applicants and only at the initial level, or first stage, application. If you receive these benefits and SSA later determines that you do not meet the SSA medical standard for SSI you will not be required to pay the benefits back to SSA.
So how do I meet the Presumptive Disability standard? The Presumptive Disability standard is met when there is not enough evidence to make a formal determination but there is a strong likelihood that your disability will be established when all the evidence is obtained or there is a reasonable basis for presuming the individual is currently disabled and will be disabled for at least 12 months.
Please remember that just because you are disabled does not mean that you will be eligible for the Presumptive Disability Benefit payments as only about one-third of people are approved at the initial level after all of the necessary evidence is received by SSA to make a favorable decision. Some of the impairments with high potential include, but are not limited to, Renal disease requiring chronic dialysis, Symptomatic HIV or AIDS, Cerebral Palsy, major organ transplants, and Stage IV Cancers.
Give Secure Disability Law a call at (423)-771-(HELP) 4357.
Claim Your Benefits and Claim Your Life.
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