Facts About Social Security Disability Benefits

The Social Security Administration (SSA) is not just for retirement. The SSA offers two types of disability benefits for those who qualify. Social Security Disability Insurance (SSDI) pays benefits to a worker who has a long enough work history to be eligible and who meets the requirements for a disability. Supplemental Security Income (SSI) is a benefit that is paid to disabled workers based upon financial need. The programs are very different and have specific requirements.

Workers who can no longer work because of a disability may be eligible for SSDI. The SSA has guidelines as to what constitutes a disability; they are usually medical disabilities that make it a hardship for the worker to withstand working conditions. The worker is unable to continue their pre-disability work and cannot adjust to any other type of work because of the medical condition. The disability must be expected to last at least one year or be a fatal condition. Examples of a disability include lung cancer, schizophrenia, and congestive heart failure.

Not everyone will qualify for SSDI even if they have a legitimate disability. Workers must have a work history or earnings record with enough time and tax money paid into the SSA system. The requirements are based upon the age of the worker. While receiving SSDI, there are incentive programs designed to help the worker return to the work force in some capacity. The Ticket to Work program offers some workers the chance to use a "ticket" and work with an employment network to find ways to start working again, either at the same type of job or something new.

SSI is a benefit that is paid to blind, elderly, or disabled workers who have few other options for income or financial resources. SSI is intended to pay for essentials such as shelter, clothing, and food. Many people who receive SSI are also eligible for other types of public assistance with housing, health care, or food since they have little to no net worth.

Anyone who believes they are eligible for SSA disability benefits should consult an attorney who specializes in disability benefits.

For more information, please visit http://www.socialsecuritynethelp.me

Do You Know Enough About Social Security Disability Benefits

The Social Security Administration adopts a five step formula to determine whether the applicant is meets the prescribed parameters of disability to be eligible for receiving social security disability benefits. The department has its own definitions about all the terms involved and the applicant has to fulfill all the parameters as per those definitions.

The first step is to determine if the individual is 'working', according to their definition. If it is found that the applicant is earning more than 'Substantial Gainful Activity' amount from his present job, the application will be summarily rejected. The Administration evaluates the work undertaken by a claimant and earnings thereof.

After satisfying the first requirement, the authorities check out whether the claimed impairment is serious enough to substantially limit your capabilities to work and earn a sustainable income. Another criterion to be fulfilled here is that the physical or mental impairment has lasted or is expected to last for a period of not less than a year. The age, education and work experience plays an important role in determining whether the claimant is capable for taking up a less demanding alternative job.

Now it is the time to find out whether the physical or mental impairment the patient is suffering is a listed one. The list consists of 150 medical conditions categorized into thirteen major systems, which they consider severe enough to impair a person from working in a job of profit. Medical professionals working in the field are well versed on the provisions of the Blue Book in which the listings are made.

The fourth step is to figure out the possibility of a person to perform some job which he had done in the past despite the impairment. If the social security administration findings are positive, the applicant would be denied benefits, if otherwise, they move on to the last step.

Here the administration tries to find out whether the person can take up an alternative work which his physical or mental condition permits. There are four determinants while looking at this possibility. The age of the applicant, his educational background, his past work experience and his physical and mental condition. Illness like arthritis are considered differentially as it is found that such diseases create a psychological barrier in the minds of people and renders then unsuitable to do even unskilled work.

Gaining knowledge about these five steps is of phenomenal importance for an applicant if he hopes to get a positive outcome during processing of his application.

If you want to know more about Social Security Disability Benefits then feel free to visit http://www.disabilityappeal.com

FAQ's About Social Security Disability Benefits and Answers From Social Security Disability Lawyers

Question: I filed for Social Security Disability benefits and the Social Security Administration denied my claim. What do I do now?

Answer: It is not uncommon for the SSA to deny an initial application for benefits. If you get denied, you need to act immediately. You only have 65 days from the date stamped on the SSA letter denying your application to file an appeal and preserve your disability claim.

Question: If the SSA approves my application for disability benefits, what will I get?

Answer: Disability benefits may include Medicare health care insurance, individual benefits, and family benefits. Your monthly financial benefits will be based on the formula in the Social Security Act, as well as the amount that the federal government counts as your Social Security earnings from employment before you became disabled.

Question: How do I know if I am disabled for purposes of receiving disability benefits?

Answer: According to the Social Security law, an eligible disability means the "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than 12 months or result in death." If you are not sure if you qualify, you should check with both your family doctor and our Michigan lawyers about a potential claim for disability benefits.

Question: I have not worked in recent years. Could I still qualify for disability benefits?

Answer: The SSA requires a specific amount of Social Security earnings, or "work credits," to qualify for disability benefits. As a general rule, if you worked for 5 out of the last 10 years, you probably have enough "work credits." You certainly should contact the SSA or consult with an experienced Michigan disability lawyer to find out whether or not you qualify.

Question: I have a serious mental or psychological condition that prevents me from working. Can I still receive disability benefits?

Answer: According to the Social Security Act, a "disability" can be either physical or emotional, or a combination of both. The key is that a doctor finds "objective medical evidence" that you your condition prevents you from working for at least 12 months.

Question: Can I apply for disability benefits on my own?

Answer: Yes. You can file your own application for disability benefits, and represent yourself in all legal proceedings. However, statistics show that people with legal representation, especially on appeals, win their disability claims much more often than those who try to represent themselves.

Question: I cannot afford to pay an attorney fee now. Can I still get legal help with an appeal of the SSA decision to deny my application for disability benefits?

Answer: Yes. Some law firms waive their attorney fees, unless they convince the SSA to approve your claim for disability benefits. If they win, their fee is defined by the Social Security Act and kept very reasonable.

Question: I was denied disability benefits last year, but my medical condition has gotten worse. Can I try again to get disability benefits?

Answer: Yes. There is no limit to the number of times you may apply for benefits. If you feel that you now qualify, you should file another application with the SSA.

Question: If the SSA approves my claim, how long will these benefits last?

Answer: You can get benefits for as long as you remain disabled from employment and meet all other SSA requirements. From time to time, the SSA may review the level of your disability by sending you for a medical evaluation.

Question: My disability was brought on by alcoholism or drug addiction. Can I still qualify for disability benefits?

Answer: Maybe. To determine whether you still have a potential claim, you should consult an experienced attorney. The Social Security law states that you cannot get benefits, if alcoholism and/or drug addiction is a contributing factor that is material to the determination that you are disabled. However, people who used to abuse alcohol or drugs can qualify for benefits, based on other unrelated and disabling health problems.

Attorney Marya Sieminski joined the Sam Bernstein Law Firm in 2003. She is admitted to practice law in Michigan state courts and in the U.S. District Court for the Eastern District of Michigan. She earned her Bachelor of Science degree at the Massachusetts Institute of Technology and graduated magna cum laude from Wayne State University Law School. Marya has worked as a trial lawyer for 10 years and exclusively represented victims in personal injury litigation and in workers compensation claims. She also was appointed by the Governor to serve on the State of Michigan Workers Compensation Qualifications Advisory Committee.

The Sam Bernstein Law Firm, our Michigan personal injury law firm, has protected the rights of the injured and disabled for three generations.