Welcome to the

Law Office of Daniel Berger

What Qualifies for Presumptive Disability when Filing for SSI

Published on December 26th, 2017

Sometimes, when a person is in need of Social Security benefits, it can be necessary to start receiving payments before the application is approved. When it’s fairly certain that an applicant has the onset of a qualifying disability then the Social Security Administration (SSA) may grant presumptive disability benefits. What that means is that it is presumed that the disability is covered before the application has been approved.

Presumptive disability benefits can be paid for six months from the time of application. If the SSA takes longer than six months to make a decision, then the payments will stop at that point until an approval has been reached. Generally, if the application is denied but the claimant was receiving presumptive disability benefits the claimant won’t be expected to return the payments.

The SSA has two main programs for providing benefits, but only the Supplemental Security Income (SSI) program can pay the presumptive disability benefit.

Types of Disabilities that Qualify

Eligibility for presumptive disability payments is generally granted for the following conditions:

– Amputation of two limbs

– Amputation of one leg at the hip

– Symptomatic HIV/AIDS

– Down syndrome

– Severe mental retardation of a person at least seven years old

– Complete blindness

– Total deafness

– Low birth weight

– Immobility or bed confinement

– Amyotrophic Lateral Sclerosis (ALS)

– Severe stroke causing immobility without use of medical aid devices

– Spinal cord injury causing immobility without use of medical aid devices

– Cerebral palsy, muscular atrophy or muscular dystrophy that causes the loss of use of hands or arms, difficulty walking or difficulty speaking

– Terminal illness diagnosis with less than six months left of life

– End Stage Renal Disease (ESRD) requiring chronic kidney dialysis

How to File

Local SSA field offices can generally make the determination for presumptive disability eligibility. The field office may require verification of the disability from a doctor, school personnel or social worker before authorizing the benefit. If the field office declines to provide the presumptive benefit, and the application is declined, during the appeal process the Disability Determination Service (DDS) may be able to authorize the benefit then. The DDS also has authority to grant presumptive disability for other conditions as well. Filing for the benefit is completed at the same time as the SSI application. Legal assistance from an experienced attorney can help the process move more swiftly and help get the benefits needed with less stress on the claimant.

Back to Blog

Contact us Today!

Call toll free 1-855-444-7024


Free Case Evaluation

Our Testimonials

Testimonial by Carlos Torres

"El proceso que yo tuve con el abogado Daniel Berger y su officina fue muy excelente.

Me gusto come el abogado Berger me ayudo el dia del audencia con el juez. Sus secratarias fueron muy amables y me ayudaron mucho con mi caso. Yo recomendo mucho a el abogado Daniel Berger."

– Carlos Torres
Testimonial by A.Y. Disla

"I was extremely satisfied with Mr. Daniel Berger and his staff.

Mr. Berger was great in the hearing and how he handled my case. I am really thankful for all the hard work. Mr. Berger and his staff did and for winning my case."

– A.Y. Disla
Testimonial by Lilliam Rivera-Reyes

"I had a very challenging case; another attorney took my case and to my surprise sent me a letter dropping my case. I was very down and did not think I had a chance, until I met Mr. Berger and his staff.

Their professionalism and hospitality was very warm and inviting. They took my case on as a challenge and gave me a hope. I am very thankful for his professionalism and for winning my case. I will never forget him and will recommend him to my friends and family."

– Lilliam Rivera-Reyes