If your disability prevents you from working, you may be eligible for Social Security Disability benefits. The Social Security Administration provides monthly benefits to people who meet strict criteria concerning work history and disability level. Because the application and appeals process can be complex, the assistance of an attorney can be enormously helpful. Contact an attorney from Pitts & Zanaty, L.L.C. in Anniston, AL, for more information.
Social Security
Social Security is the federal program that provides retirement, disability, survivor, family assistance and Medicare benefits. The program is funded by earmarked taxes withheld from employees' paychecks, matching funds from employers and taxes from self-employed individuals. Social Security benefits are administered by the Social Security Administration (SSA) and governed by the Social Security Act.
The Social Security Act's Definition of "Disability"
To qualify for Social Security Disability benefits, a person must be "disabled" according to the definition provided by the federal Social Security Act. A person is disabled if he or she:
- Has a medical condition that is expected to last at least a year, has lasted at least a year or is expected to result in death, and
- Is unable to work because of the medical condition
The person must not be able to do the work she did previously or any other type of substantial gainful activity that she is qualified to do.
Types of Disability Benefits under the Social Security Act
Five major types of disability benefits are available under the Social Security Act. Each one has its own rules for qualification, which can be complicated. Both Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) provide benefits. SSDI is based on the applicant's work history and disability while SSI is based on the applicant's income and disability, old age or blindness.
- SSDI: Disability Insurance benefits are paid to people who have worked long enough to earn sufficient credits under the Social Security system but are now disabled.
- SSDI: Disabled Widow's, Widower's or Surviving Divorced Spouse benefits are paid to people who meet certain age and other requirements. The deceased spouse must have been insured through his or her work record for the living spouse to qualify for coverage.
- SSDI: Childhood Disability benefits are paid to people who are at least 18 years old and became disabled prior to the age of 22. The payment to the child is based on the earnings record of a qualified parent who is retired, disabled or deceased.
- SSI: Supplemental Security Income benefits are paid to low-income recipients who are disabled, blind or elderly and have limited resources.
- SSI: Child's Disability benefits are paid to children up to age 18 who are disabled or blind and whose families meet certain criteria concerning income and resources.
Consult an Attorney
With this basic knowledge about the types of benefits that are available, you may be able to decide whether applying for Social Security Disability is the right decision for you. An attorney from Pitts & Zanaty, L.L.C. in Anniston, AL, can answer your Social Security Disability benefits questions and help you through the qualification process.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
Frequently Asked Questions
The Social Security Administration (SSA) says that a successful applicant for disability benefits must be completely disabled. This is unlike some other programs and insurance policies that assist partially disabled persons. The disability must be a physical or mental impairment that is expected to last at least one year (or has already lasted one year) or will result in the applicant's death. This does not mean, however, that the applicant has to be permanently disabled.
If your application is denied, you may appeal the decision. There are several levels of appeal: reconsideration of your claim; a hearing with an administrative law judge (ALJ); review by the Appeals Council; and review by the federal district court. You have a limited time in which to file the appeals, however. The advice and assistance of an attorney can help you make a stronger case during the appeals process.
The Social Security Administration (SSA) says that you must not be able to perform "substantial gainful activity," which means the type of activity a person normally does for pay or profit. If your monthly earnings are below a certain amount (which SSA sets every year), however, you will not be considered to be performing substantial gainful activity. If you are receiving disability benefits but wish to try working, you can take part in nine months' worth of a work trial period, during which SSA will not stop your benefits if you are still disabled.
Yes. To receive Social Security Disability benefits, you must have both a disability and a sufficient work history. The required work history depends on your age when your disability began; you must have worked for a certain number of years. Your work also must be recent enough to qualify.
No. Your disability benefit will be based on your earnings history, not the specific nature of your disability.
The Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs are both run by the Social Security Administration (SSA). SSDI provides benefits to people who are unable to work because of their disabilities. To be eligible, applicants must have a qualifying work history and be disabled or blind. SSI is a needs-based program. To be eligible for SSI, applicants must have limited income and resources and be aged, disabled or blind.
Benefits typically are paid beginning in the sixth month after the disability started. The application and decision process may take a long time, so it is best to apply for disability benefits as soon as you become disabled.
Workers' compensation benefits may reduce your Social Security Disability benefits, but you can receive them at the same time. If the total benefits exceed 80 percent of your average current earnings, your Social Security Disability benefit will be reduced.
