How To File For Social Security Disability Benefits

The law defines disability as the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death of which has lasted or can be expected to last for a continuous period of not less than 12 months. This must be shown by medically acceptable clinical and laboratory diagnostic tecnniques.

There are two programs administered by the Social Security Administration (SSA). First is the Social Security Disability Insurance Program. This provides a benefit for individuals who are insured under the Act through their contributions to the Social Security trust fund through the Social Security tax on their earnings. In order to be eligible for this benefit you have to have worked at least 20 quarters out of the last 40 quarters (5 of the last 10 years).

The second is the Supplemental Security Income Program. This provides payment for individuals who are disabled and have limited income and resources, even if there have been no payments made into the Social Security trust fund.

There are three ways to file for these programs. First, you can visit your local Social Security Administration Office. Second, you can file online at www.ssa.gov. Third, you can call the national Social Security toll free number at 800-772-1213.

Your file is turned over to an independent group called Disability Determination Services. They will make the determination based on factors including medical records. If they find the claimant disabled, SSA will complete any outstanding non-disability development, compute the benefit amount, and begin paying benefits. If the claimant is found not disabled, the file stays at the SSA in case the claimant files an appeal.

Appeals are handled by contacting the same offices above. At this point many choose to hire a Social Security Disability Lawyer. Normally, the attorneys won't charge a fee unless a benefit is won.

This article has been sponsored by Brad Myler & Associates. www.mylerlaw.com