Generally, if a person has a physical or mental disability that causes them to have the inability to do any kind of work for which he/she is capable of and the disability is expected to either last for at least one year or to the unfortunate result of death, then this person will be recognized as disabled for Social Security reasons. Social Security is in place in order to make your life easier and give you assistance when you’re not in the best of health. Most of the time, your paychecks from your employer are taxed with a certain amount going into Social Security as a backup fund for when you fall ill.
To qualify for benefits, you must first have worked in jobs covered by Social Security. Then you must have a medical condition that meets Social Security’s definition of disability. In general, the Social Security Administration pays monthly cash benefits to people who are unable to work for a year or more because of a disability.
Social Security Disability Insurance pays benefits to you and certain members of your family if you are “insured,” meaning that you worked long enough and paid Social Security taxes.
Benefits usually continue until you are able to work again on a regular basis. There are also a number of special rules, called “work incentives,” that provide continued benefits and health care coverage to help you make the transition back to work.
If you are receiving Social Security disability benefits when you reach full retirement age, your disability benefits automatically convert to retirement benefits, but the amount remains the same.
The definition of disability under Social Security is different than other programs. Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability.
“Disability” under Social Security is based on your inability to work. The Social Security Administration consider you disabled under Social Security rules if:
You cannot do work that you did before;
We decide that you cannot adjust to other work because of your medical condition(s);and
Your disability has lasted or is expected to last for at least one year or to result in death.
This is a strict definition of disability. Social Security program rules assume that working families have access to other resources to provide support during periods of short-term disabilities, including workers’ compensation, insurance, savings and investments.
Disability is a subject you may read about in the newspaper, but not think of as something that might actually happen to you. But your chances of becoming disabled are probably greater than you realize. Studies show that a 20-year-old worker has a 3-in-10 chance of becoming disabled before reaching retirement age.
While we spend a great deal of time working to succeed in our jobs and careers, few of us think about ensuring that we have a safety net to fall back on should we become disabled. This is an area where Social Security can provide valuable help to you.
When you apply for Social Security benefits, there are several categories that your application can fall under. Social Security administers separate disability benefits into four programs:
Social Security Disability Insurance (SSDI)
Supplemental Security Income (SSI)
Disabled Adult Child Benefits (DAC)
Disabled Widows and Widowers Benefits (DWB)
The medical requirements to prove your disability — as well as the disability determination process — are the same for each of these programs. Should you need assistance in proving your disability when you’re applying, it is best to get in touch with a disability social security attorney in Orlando in order to fill out your form correctly and effectively.
Most people are denied after their first social security application. It is very important to appeal that denial within sixty days by filing a “Request for Reconsideration.” The Request for Reconsideration will usually also result in a denial, but within sixty days of that second denial, you must request a hearing before an administrative law judge. This is also the point in which you should seek a disability social security attorney.
Two things can cause the Social Security Administration to decide that you are no longer disabled and to stop your benefits.
Your disability benefits will stop if you work at a level we consider “substantial.”
In 2011, average earnings of $1,000 or more per month ($1,640 or more per month if you are blind) are usually considered substantial.
Your disability benefits also will stop if the Social Security Administration decides that your medical condition has improved to the point that you are no longer disabled.
You are responsible for promptly reporting any improvement in your condition, if you return to work, and certain other events as long as you are receiving disability benefits.
At Jon Lambe Law, our social security disability lawyer can assist you in presenting your case to the judge and getting your request approved. Get your social security request approved with our help! Call our law office today!