Social Security Disability

Social Security Disability Insurance

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.

The Appeals Process

If your application for SSDI benefits is denied, you are entitled to seek reconsideration by a different disability examiner. If it is denied again, you may appeal your claim. Sometimes, claims make their way from the SSA, to the federal courts, all the way through the U.S. Supreme Court. An experienced attorney from Stampone Law can help you secure the benefits to which you are entitled. Statistics have shown that claimants who are represented by an attorney are granted benefits more frequently than those who do not get legal help.

If your claim is approved, you can expect to receive benefits for as long as you are disabled. Periodically, the SSA will review your case to verify that you are still disabled.

Families of Disabled Workers

If you are a disabled wage earner, Social Security may also pay benefits to your spouse, your ex-spouse, your children and/or your disabled child. Each of your family members could be entitled to a monthly benefit of up to one-half of your disability payment rate, though limits on the total amount paid to family members do exist.

Supplemental Security Income

Supplemental Security Income, or SSI, provides benefits to disabled individuals based on financial need. Under the SSI program, those who have limited income and are age 65 or older, or blind or disabled, are entitled to monthly payments as well as Medicaid assistance. SSI applicants must meet the same definition of “disability” as SSDI applicants. However, SSI applicants need not have worked in the recent past.

Our Role

As you can see, an attorney who knows the ins and outs of SSDI and SSI can help you and your loved ones secure the funds that disabled individuals and their families need during difficult times. If you have any questions about SSDI or SSI, or if one of the attorneys at Stampone Law can assist you in any way, please do not hesitate to contact us for assistance. We are here to help you, every step of the way. In most cases, if we do not secure benefits for you, there will be no fee for our services.

• Disability benefits
• SSI benefits
• Private disability claims