Social Security Disability Provisions
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Social Security disability benefits are administered under two different programs. An individual applying for disability needs to know what program they qualify for. While the plans have some similarities they are very different. The first step toward receiving benefits under either program is the application. For both programs medical information is collected to decide if you meet the Social Security Administration’s definition of disability. The determination of disability is a 5-step process. This is one case where expert advice can alter your benefit determination greatly.
Social Security’s definition of disability
For Social Security the definition of disability is very restrictive. Partial or short-term disability is not accepted. Your disability must last at least one year or be expected to result in death. Social Security disability determination is related to your inability to work. First it must be determined that you can no longer work or do the work you used to do. Then it also must be determined by Social Security that due to your medical condition you are unable to adjust to any other type of work. This “ability to adjust” clause prevents many people from qualifying for benefits, even when they can no longer do the work they did before. The fact that your disability may only allow you to do something that does not require any reasoning or social skills is not enough. If your work was very physical, it may be determined that you are still able to have gainful employment even with your new physical limitations. You may have been a carpenter or welder and the physical aspects of the job are now too taxing. It may be determined though, that you could fold clothes in a laundry or work in a call center. Your previous income, education and work history also play a role in the decision process.
Social Security Disability Insurance
Social Security Disability insurance is just that, insurance that pays benefits for you and members of your family that qualify. To be insured you have to have a work history that is long enough and included paying Social Security taxes. Social Security Disability benefits are earned by paying the “premium”. If you have not worked much or you did not pay Social Security taxes then you will not qualify for this, even if you meet the disability criteria. When you are approved for disability benefits you will also become eligible for Medicare after a waiting period.
Supplemental Security Income
Supplemental Security Income is disability benefits you receive related to financial need. If the Supplemental Security Income is for a minor than a percentage of their parent’s income is used to determine financial eligibility. When receiving Supplemental Security Income you are also eligible for Medicaid. Young, old and anywhere in between may be eligible for SSI there are no age limits with this program. You can go online to SSA.GOV/disabilities to see if you meet the criteria for SSI.
Applying for disability benefits
The application for Social Security Income or Disability can be a daunting task but there are numerous ways you can apply. You can go online, use the phone or you can apply in person. There are interviews (some of which can be done by phone) and medical exams, by a Social Security hired doctor. Social Security provides representatives to help you answer questions on the application. You can also talk to family and friends or consult with a lawyer who specializes in Social Security Disability when filling out your application. The initial consultation with a lawyer is usually free. There are legal fee limits set by Social Security to prevent monetary rip offs or abuses. If you are denied benefits for a medical reason you can appeal online. It is advisable to consult with a lawyer that specializes in Social Security disability when appealing a negative decision.
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