Your right to federal social security disability benefits are governed
by laws established by the United States Congress. Federal agencies and
courts evaluate your entitlement to the disability benefits.
Federal social security disability benefits are intended to pay cash
benefits to people who are unable to work for a year or more because of a
disability. There are two types of social security benefits:
In some cases you may be entitled to both Social Security Disability
and Supplemental Security Income benefits. The benefits are intended to
provide a continuing income to an injured worker and their family when
they are unable to do so.
More specifically, the law provides that when a worker becomes disabled
by having a severe mental or physical impairment which prevents the worker
from any type of work and (a) has lasted for at least one year or (b) is
expected to last for at least one year or (c) is expected to result in
death, he or she may be eligible for social security disability benefits.
It is important to understand that Social Security is based upon the
inability to work. The system does not provide for partial disability or
for short-term disability. The disability benefits continue as long as the
disability continues.
There are many factors which will be considered in determining your
entitlement to the benefits. The severity of your physical or mental
impairments, your age, your education, and your past work may all be
considered.
Once your disability benefits are awarded, you will receive a monthly
benefit calculated on your earnings while you were working. By contacting
your local social security office, you may obtain a Personal Earnings and
Benefit Estimate Statement which will give an estimate of your benefits.
Other benefits (such as workers' compensation, government pensions, etc.
)you have received will be considered in determining your monthly benefit.
In addition to the monetary benefit, you may be entitled to Medicare
benefits as well. The benefits will continue as long as you remain
disabled. Your disability may be occasionally reviewed to determine if you
are still disabled.
You should speak to a lawyer to address any specific questions about
your particular social security
disability case.
