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Social Security Disability Explained
Answers:

 


1. What is Social Security Disability and(or) SSI?

Under the federal Social Security Disability Act, "disability" means the "inability to engage in any substantial gainful activity by reason of any medically determinable physician or mental impairment which can be expected to result in death or has lasted or is expected to last for a continuous period of not less than 12 months."

Social Security Disability benefits (SSD) are paid to individuals who have
worked in the recent years. Usually you have to work 5 out of the last 10
years. For individuals under 31 years old, the requirements are a little
different since they have not been in the work force as long.

Supplemental Security Income benefits (SSI) are paid to individuals who
are poor and disabled whether or not the individual has worked in the past.
SSI child's disability benefits are paid to children who are under 18 years
old, are disabled and the parents or guardian are poor.

 

2. Who is eligible for Social Security Disability Benefits?

If you work long enough at a job which is covered under the provisions of the Social Security Act, and become disabled, you are probably eligible for disability benefits.

According to the Social Security Administration, a "Disability" can be physical, or emotional, or some combination of both. In order to win benefits, you must have a disability severe enough to keep you from working in any regular paying job for at least 12 consecutive months.

The test for eligibility is not whether you can go back to a job you've lost. Nor is it whether you've been able to find a job recently. The test is whether you are physically and emotionally CAPABLE of doing a job that is generally available in the every day work place.

Furthermore, to obtain Social Security Disability benefits, you must have a doctor state that you are disabled "by medically acceptable clinical and laboratory findings". Unfortunately, many genuinely disabling conditions are difficult to diagnose by objective testing. In cases like that, it's up to your representative or legal help to present your doctor's reports properly, and to convince the government that you deserve your benefits.

 

3. How can I apply or submit a claim for Social Security disability benefits or SSI?

By law, anyone may file for his or her own Social Security Disability benefits. But statistics clearly show that claimants who have representation win their benefits much more often than those who apply on their own. 

The government makes the process very difficult. Waiting lines are long. Forms are complicated. Benefits are often denied to people who have legitimate claims. And not just once; frequently twice. Sometimes more often. As a result, many people who apply on their own become discouraged and intimidated. So they simply back off, give up, and go away, even when they are genuinely entitled to their benefits.     

 

4. If I am awarded Social Security Disability and/or SSI How much money will I receive?

That's determined by how much money you made when you worked.

 

5. If I become disabled, how long do I have to wait to apply for Social Security Disability and or SSI?

If your disability is expected to last for at least a year you should apply for your social security disability benefits immidately.
Many people make the mistake of waiting months and some even years after becoming disabled before filing a their Social Security disability claim.

 

6. Can I work at all and receive Social Security Disability Benefits?

You can work at a much-reduced schedule.

 

7. What about my family? Are they entitled to social security disability benefits?

Generally dependent children under 18, and those who still attend high school are entitled to social security disability benefits.

 

8. I have been awarded Social Security Disability Benefits, but I cant live on the amount I get from my Social Security Disability and/or SSI benefits. Can I get more money from Social Security Disability benefits?

Possibly, if your monthly rate is below the federal poverty line.

 

9. How long will my Social Security Disability Benefits be paid to me?

Until you are no longer disabled or you return to work.

 

10. I am a mother taking care of my kids, and I use to be employed. I have become disabled can I get Social Security Disability Benefits and/or SSI?

If you were employed five out of the last 10 years under Social Security before becoming disabled, you will have enough earnings in to potentially qualify for Social Security disability benefits. If you are 31 years of age or less, the requirements are not the same, since such individuals have not had such a long time to work. Unless a person has been staying home and taking care of their children for quite a long time, however, it is very possible that they will qualify for Social Security disability benefits based upon their own earnings. Also a homemaker, if poor enough, can qualify for Supplemental Security Income (SSI) whether he or she has worked in the past or not.

 

11. I’m presently collecting early retirement. Does being disabled entitle me to collect differential Security Disability Benefits and/or SSI?

Yes, if it is proved that your disability began before you “elected” to retire.

 

12. What can I do to have the best chance of winning my Social Security Disability or SSI claim?

Statistically, claimants who retain an attorney to represent them are much more likely to win than those who go unrepresented. So it is wise to hire an experienced person to represent you. In most cases you will not be charged unless you win, and the fee is limited to a certain amount. It is also important to appeal because most claims are denied at the initial level, but are approved at higher levels of review. Again this is why it is important to have an experienced attorney behind you, also an experienced attorney will have a much better understanding of the way Social Security works.

 

13. How does having legal help for my Social Security Disability and/or SSI claim better my chances of winning?

  1. Statistically claimants that are represented by an attorney are much more likely to win their claim.
  2. An experienced attorney knows what proof social security and ssi disability system requires
  3. Using legal help eliminates both the necessity of waiting in long government lines and the chance that a government clerk’s incorrect notation on your condition jeopardizing your claim.
  4. All aspects of your case including complicated paper work will be handled professionally.
  5. No fee is collected if you're social security disability claim is not won, and fees are only collected on the back end.

 

14. Can I receive workman's comp and Social Security disability benefits?

Yes, with a reduction of your Social Security disability benefits. If you receive workman's comp benefits that will be calculated into your claim. Also depends on the state in which you live in.

15. What diseases does Social Security Disability and/or SSI consider to award benefits?

Depending on the lasting effect of that certain disease and how you are disabled by it. Also it may be a learning disability or other psychological conditions that maybe covered , again having an attorney can help tremendously in making the right choices in regards to your social security disability claim.

 

16. Do you have to be permanently disabled to get Social Security disability benefits and/or SSI?

No, if you are disabled for a minimum of a year or more you can qualify. The longer you are not able to work because of your disability the longer you may receive social security disability and/or ssi benefits. It all depends on any individuals circumstance. How ever it is wise to submit your claim as early as possible to get started with the processes.

 

17. How do I find an attorney to help me on my Social Security disability or SSI claim?

Fill out our quick FREE Case Evaluation form and a case manager or licensed attorney will review your claim and contact you within hours via phone and/or email. Click here.

18. I want to get started with my Social Security Disability claim what do I do first?

Click here to get your cased review immediately.

 

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Disclaimer
The information provided at this website is provided as general information, not as legal advice. The information is not intended to be unsolicited legal advice. The information is not provided in the course of an attorney-client relationship nor does it create any relationships between any law offices and the viewers of the site. E-mail through this site may not be considered a privileged communication since it could be read by third parties. Do not rely solely on the information contained in this site when making decisions regarding legal matters.

 

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