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Social Security
Disability/SSI
Social
Security pays benefits to people who cannot work because
they have a medical condition that is expected to last
at least one year or result in death. A disability can
be physical, or mental or emotional, or some combination
of both. The limitations that you experience because of
your disabling conditions must render you unable to do
your past jobs, or any other job, given your age and
education.
The test for eligibility for Social Security Disability
benefits is not whether you can go back to a job you
have lost. It is not whether you have been able to find
a job recently. The test is whether you are physically
and/or emotionally capable of doing a job that is
generally available in the national economy. Social
Security pays only for total disability. No benefits are
payable for partial or short-term disability.
To obtain Social Security Disability benefits, you must
have objective medical evidence from doctors or
psychologists, or both. Your doctor’s opinion should be
supported by clinical findings and/or laboratory
findings. Unfortunately, many genuinely disabling
conditions are difficult to diagnose by objective
testing. In cases like that, it is up to us to present
your doctor’s reports properly, and to convince the
government that you deserve your Social Security
Disability benefits.
Two Types of Social
Security Disability Programs
There are two programs
under the Social Security Act providing benefits for
persons who are unable to work. The medical requirements
for both programs are the same. The nonmedical
requirements are different.
Social Security
Disability Insurance (SSDI)
Social Security Disability
Insurance (SSDI) benefits are paid to disabled
individuals who have worked and paid into the Social
Security system. In general, a worker must have worked
five out of the last ten years prior to the date of
disability in order to be eligible for SSDI. If
approved, benefits are calculated based on how much was
earned and paid into the Social Security system.
Benefits are also paid to minor children. Additionally,
eligibility for Medicare begins 2 years and 5 months
after the date of disability began.
Supplemental Security
Income (SSI)
The SSI program is
need-based and has income and resource limitations. The
claimant must have little or no income and few assets.
In general, a home, furniture, and a car are not counted
as assets.
The Application Process
You can call or visit your
local Social Security office to file an application for
Social Security disability benefits. You can also file
an application online. If you are denied, a series of
appeals may follow, which include a Request for
Reconsideration, a Request for Hearing With an
Administrative Law Judge, and a Review by the Appeals
Council. It is very common for claims to be denied at
the initial levels, but granted if appeals are carried
forward.
An
experienced attorney can help you win your benefits by
gathering important and relevant medical evidence and
presenting a compelling case at the hearing level.
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