Social Security Disability
As we go about our daily routines, most of us do not think about the possibility of becoming disabled and being unable to work. But statistics show that a 20-year-old worker has a 30 percent chance of becoming disabled before reaching retirement. Fortunately, the federal government provides assistance to disabled workers and their families through its Social Security Disability Insurance program. If you or a loved one is affected by a disability, it is important to investigate whether you are entitled to Social Security Disability Insurance – or SSDI – benefits.
A worker may receive SSDI benefits if he or she becomes unable to work due to a physical or mental impairment that is expected to last or has lasted for 12 months, or is terminal. But being unable to work or having a doctor say that you are unable to work does not automatically entitle you to benefits. To receive benefits, you must contact the Social Security Administration (SSA) to apply for them. If you meet certain requirements, your application should be approved. However, less than half of all claims are approved upon application. This makes it critical to seek the aid of a skilled attorney who will help you present your application in the best possible way. At Stampone Law, our caring lawyers can help you build as strong a case as possible and can handle your appeal should your application be denied. It is important to understand that while most claims are denied at the initial level, the majority of those claims are later approved during the appeals process.
SSDI Qualifications
Social Security only pays for total, long-term disability. This is because the federal government assumes that you and your loved ones can rely on other sources of income, such as Workers’ Compensation, insurance, and savings, during periods of short-term disability. The Social Security Administration will only grant SSDI benefits to those workers who are unable to do the work that they did before and cannot perform other tasks due to their medical conditions. To receive benefits, you must also have worked in the recent past (typically, five out of the last 10 years). This is because the SSDI program is funded by taxes on workers’ earnings.
To determine whether your physical or mental impairment is severe enough to interfere with basic work-related activities, the SSA will look to its list of medical conditions that are automatically considered disabling. If your condition is on the list, you will most likely be considered disabled. If it is not on the list, the SSA will decide whether it is of equal severity to one that is. If it is, you will most likely be considered disabled. If your condition is not equally severe, your claim can still be approved if the SSA decides that you cannot perform the work you did previously and are unable to adjust to other work. To make its decision, the SSA will examine your medical condition, your age, your education, your past work experience and other factors.
Some examples of conditions that may be considered disabling are Lupus, Multiple Sclerosis, Epilepsy, Diabetes, Depression, Cancer and Congestive Heart Failure.