Practice Areas
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Employment LawWrongful Termination, Discrimination, Harassment |
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Injury LawWorkplace Injuries, Worker's Compensation, Accidents |
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Labor LawOrganizing, Benefits, Arbitration |
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SOCIAL SECURITY DISABILITY BENEFITS
If you have paid into Social Security and become unable to engage in any substantial gainful employment, you may be eligible for disability benefits under Title II of the Social Security Act. These benefits are also referred to as SSDI benefits.
WHO IS ELIGIBLE?
Depending on your age when you become disabled, you have to have earned 40 “credits,” based on earning at least $1,120.00 in wages equaling one credit and a maximum of 4 credits earned each year. You also must have earned 20 of those credits in the last 10 years. Younger people who have not had the opportunity to work and pay into the system for as long as older workers do not need as many credits to qualify for disability benefits.
HOW DOES MY CONDITION QUALIFY AS DISABLING?
The definition of disability under the Act is:
Individual must be unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve months.
42 U.S.C. § 1382c(a)(3)(A).
DO I MEET A LISTING?
There are several physical and mental conditions that have been found to automatically qualify one for SSDI benefits. For example, being considered blind in both eyes meets a listing and qualifies the applicant for SSDI benefits.
AM I OTHERWISE UNABLE TO WORK?
If your condition does not automatically qualify as disabling, then your condition must be severe enough to not only keep you from performing your last job, but to also keep you from performing any other gainful employment, in light of your condition, and also considering your age, educational background, and other previous work experience.
MEDICAL EVIDENCE IS THE KEY
In all cases, your medical evidence that you submit to the SSA is critical in determining whether you will qualify for SSDI benefits.
APPLY ON LINE OR IN PERSON
We suggest that all applicants apply either on-line by using the SSA’s web site, or go to your local SSA office. The SSA’s web site is:
www.ssa.gov
APPLY AS SOON AS POSSIBLE
You should apply for disability benefits as soon as you think you are unable to work because of a severe and permanent physical or mental condition. No matter when you are finally determined to be disabled under the SSA rules, you will only be awarded benefits back to 12 months prior to the time you first filed, even if you are found to have become disabled years earlier.
CONTACT US IF YOU HAVE BEEN DENIED
We suggest all initial applicants for SSDI benefits apply for benefits themselves, before contacting any attorney. If for some reason your application for benefits is denied, then call our office as soon as possible. In most cases, you only have 60 days to get an appeal filed. You can reach us at 317-637-2345.
