QUESTIONS AND ANSWERS WITH DETAILED
EXPLANATIONS
◉ Good Cause for Late Filing (Citations: 404.911, 416.1411). Answer:
If an appeal deadline is missed, and the claimant wants to appeal, he or
she must show "good cause" for late filing.
◉ Examples of good cause are described in 404.911:. Answer: • You
were seriously ill and were prevented from contacting us in person, by
phone, in writing, or through a friend, relative, or other person;
• There was a death or serious illness in your immediate family;
• Important records were destroyed or damaged by fire or other
accidental cause;
• You were making serious efforts to find necessary information to
support the claim but had not been able to obtain it within the stated time
periods;
• You requested additional information from us explaining this action
within the time limit. Within 60 days of receiving the explanation you
requested reconsideration or a hearing, or within 30 days of receiving
the explanation you requested Appeals Council review or filed a civil
suit;
• We gave you misleading, incorrect or incomplete information about
when and how to request administrative review or to file a civil suit;
• You did not receive notice of the determination or decision;
,• You sent the request to another government agency in good faith within
the time limit and the request did not reach us until after the time period
had expired; or
• Unusual or unavoidable circumstances exist, which show that you
could not have known of the need to file timely, or which prevented you
from filing timely.
◉ SSA will consider the following for deciding whether a claimant had
good cause. Answer: • What circumstances kept the claimant from
making the request on time;
• Whether SSA's action mislead the claimant;
• Whether the claimant did not understand the requirements;
• Whether the claimant had any physical, mental, educational, or
linguistic limitations which prevented them from making a timely
request or from understanding or knowing about the need to file a timely
request for review.
◉ Social Security Disability Insurance SSDI. Answer: Title XVI
◉ SSDI Eligibility. Answer: 1. Is the applicant under full retirement age
(66)?
2. Is the applicant fully insured?
3. Is the applicant insured for disability?
,◉ Auxiliary Benefits. Answer: Benefits can be paid to the disabled
worker's family in some cases. Benefits can be paid to dependent
children under the age of 18 or a spouse (or divorced spouse if married
for 10 years) under the age of 62 who has joint care of the children.
◉ Supplemental Security Insurance SSI. Answer: Title II
◉ Supplemental Security Insurance SSI Citation. Answer: CFR 20
Section 416
◉ SSI. Answer: No work requirement
Children can qualify as disabled
No retroactive benefits earlier than filing date
Strict income and resource provisions
◉ Definition of Disability. Answer: Citations: 404.1505, 416.905
The inability to do any substantial gainful activity (SGA) by reason of
any medically determinable physical or mental impairment(s) which can
be expected to result in death, or which has lasted or can be expected to
last for a continuous period of not less than 12 months.
◉ Insured Status. Answer: 1. An individual must be fully insured
2. as a general rule they must meet to 20/40 requirement. (5 of last 10
years)
, ◉ Insured status. Answer: Quarters of Coverage at least 6 Quarters
One of Four For every year beginning with the year after attainment of
age 21 up until the age you turn 62 or you die
◉ Rules of Disability Insured Status (SSDI Only). Answer: Citations:
404.130, 404.131, and 404.140
Rule 1 - 20/40:You have to have 20 quarters of coverage in the 40-
quarter period ending with the quarter that you became disabled. This is
called the 20/40 rule. Or essentially, you have worked five years out of
the last ten years, before you became disabled.
Rule 2 - Special Insured Status:
Rule 3: You had a period of disability before age 31.You are insured in a
quarter for purposes of establishing a period of disability or becoming
entitled to disability insurance benefits if in that quarter-
(1) You are disabled again at age 31 or later after having had a prior
period of disability established which began before age 31 and for which
you were only insured under paragraph (c) of this section; and
(2) You are fully insured and have QCs in at least one-half the calendar
quarters in the period beginning with the quarter after the quarter you
became age 21 and through the quarter in which the later period of
disability begins, up to a maximum of 20 QCs out of 40 calendar
quarters; however-
(i) If the number of quarters during this period is an odd number, we
reduce the number by one;