IF YOU ARE UNABLE TO WORK YOU MAY HAVE A CLAIM FOR SOCIAL SECURITY BENEFITS. CONTACT OUR OFFICE AT (315) 423-3328 OR TOLL FREE AT 1 (877) 332-8009 FOR A FREE CONSULTATION WITH AN ATTORNEY. WE CAN HELP YOU WITH YOUR CLAIM AT ANY STAGE OF APPEAL. WE WORK ON A CONTINGENCY FEE BASIS, IN OTHER WORDS WE ONLY GET PAID IF WE ARE SUCCESSFUL IN YOUR CASE.
There are two different types of Social Security Benefits that individuals with disabilities can receive. These benefits are called SSDI or SSI. The standards for disability are the same in both programs. An individual must be unable to do substantial gainful activity as a result of a severe impairment that is likely to continue for 12 months or result in the death of the individual. Disabled children may receive SSI, however, the standard for disability is a marked limitiation in two (2) of six domains of functioning or a severe impairment in one (1) of the six domains.
Social Security Disability (SSDI or Title II)
SSDI is basically an insurance program. While a person is working they pay FICA taxes, which, goes to purchase the insurance. In order to qualify a person must have enough quarters of coverage. In most cases the person would have had to work five (5) of the ten (10) years prior to becoming disabled. For younger individuals the requirement may be less. The amount of the benefit is determined by the amount of FICA taxes paid. From time to time the Social Security Administration will send out a pamphlet explaining the amount that a person will receive should they become disabled. These figures are generally close to the actual benefit that is received once a person is found disabled. For persons who become disabled prior to the age of 21 it is possible to obtain benefits on a parent's earnings record if the parent is disabled or deceased. In addition persons who are disabled and have a deceased spouse or former spouse may also be able to get benefits based on the spouse's earnings. A person who is eligible for SSDI benefits is eligible for MEDICARE two and one half (2 1/2) years after they have been found to be disabled. There is a five (5) month waiting period for benefits under SSDI. Dependants of the disabled person may be eligible for an additional benefit based on the disability of the person.
Social Supplemental Income (SSI or Title XVI)
SSI is a program designed to assist disabled persons who do not have enough earnings to qualify for SSDI and do not have the income or resources to otherwise pay day to day living expenses. The benefit varies from State to State and is determined by the amount of income and living arrangements of the individual. A person receiving SSI benefits is automatically eligible for MEDICAID. Persons are eligible for SSI benefits the month after they file an application.