We make it our prerogative to help clients with all areas of the claims process. From the initial application through the entire appeals process, our team of highly trained legal professionals helps get you closer to the benefits you have worked hard for and are legally entitled to.
There are two separate programs that the Social Security Administration provides benefits under — Social Security Disability (SSDI) and Supplemental Security Insurance (SSI). Funds for these programs are garnered from two different sources: Disability is an insurance program and is provided through workers’ payroll taxes, while general tax revenues fund SSI. Although funding comes from two different sources, the standards for determining a disability remain the same throughout. The SSA will notify you in writing about your eligibility for SSDI and SSI benefits four to six months after the application is submitted. If your benefits claim is denied you may appeal.
According to the Social Security Administration, an individual is disabled if they are cannot do work that they did before; they cannot adjust to other work because of their medical condition(s); and their disability has lasted or is expected to last for at least one year or to result in death.
SSDI operates similarly to an insurance program. Since the program is funded by the payroll taxes of working individuals, in most cases if an individual is employed and paying FICA taxes, her or she is purchasing the insurance. That means that if you become disabled, you may collect that insurance in the form of disability benefits.
To qualify for SSDI, an individual must have an adequate amount of coverage. In many cases, you must have worked five out of the past 10 years before you became disabled. If your work experience is limited by your age, your coverage may also be limited.
Your SSDI benefits are directly determined by the amount of Social Security taxes garnished from your pay. You can request a copy of a pamphlet outlining typical benefit amounts from the Social Security Administration or you can utilize their online resources by registering on their website.
An adult child who becomes disabled prior to the age of 22 may be eligible to obtain benefits based on the record of a parent’s Social Security. Conditions for this type of disability are that the parent must be disabled or deceased and the adult child must never have been married.
Additionally, if a widow or widower is disabled, her or she may be entitled to survivors’ benefits based on the Social Security earnings of the deceased or former spouse. This may be the case even if the marriage has ended in divorce.