Things You Should Know About Social Security Disability Law
Category: Disability Law , Social Security
- 08 Feb 2023
- Posted By WebSiteAdmin
The criteria used to determine who is eligible for Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) payments and how much money they will get are governed by Social Security disability law. State and municipal laws do not apply to these programs because they are federal. The Social Security Act, as it appears in Title 42 of the United States Code, and the Social Security Administration’s (SSA) published regulations and rulings contain the rules.
Adults who become disabled and cannot work for at least a year are eligible for SSDI benefits. Only individuals who have contributed enough to the system (via payroll taxes) and have not yet reached retirement age are eligible for social security benefits. Dependents of SSDI recipients may also be eligible for benefits. The goal of SSI is different. Regardless of whether they have contributed to the system, it is intended for disabled persons with low or no income.
Who Qualifies for Social Security Disability Law?
Social security law and insurance are for persons who have worked in positions covered by Social Security up until recently. The condition must prevent you from working for at least a year and fit the SSA’s definition of a disability.
Although work credits from wages or self-employment are also necessary, the amount of income required for SSDI varies annually. Up to four work credits may be earned annually, and you are eligible to receive all four credits once your annual income exceeds the minimum. For instance, credit was given following a worker’s receipt of $1,470 in pay in 2021, and a worker obtained all four credits after making $5,880 in 2021.
Application Process of Social Security Disability
Both the SSDI and SSI application processes call for documentation demonstrating your inability to work in your line of work or as a result of a disability. Due to stringent regulations and documentation requirements, receiving approval for either type of disability is challenging. You must get medical records that go back to when you were hurt or diagnosed with the condition that made it difficult for you to work.
Working in employment that pays into Social Security and having a medical condition that fits the SSA’s definition of a disability are requirements for social security disability insurance eligibility. A minimum of a year must pass after you receive your handicap to be unable to work.
How to File a Social Security Disability Claim?
Applications for disability can be submitted online, over the phone, or in person at the local Social Security office. The application requires substantial personal data, most of which relates to the applicant’s health and employment background. Candidates should be prepared to include their physicians and other healthcare providers and lab results. Additionally, the SSA will inquire about prior employment and demand copies of their W-2 form and tax returns.
Appealing Unfavorable Decisions
The SSA typically approves only around 30% of initial claims for disability payments. But for those who stick with it, the chances greatly increase. Benefits denials are subject to appeal through several administrative review phases. Applicants can provide additional medical records during the appeals process, bolstering their case and providing SSA with grounds to overturn its judgment. About 21% of total benefits were paid to disabled workers in 2021.
There is nothing wrong with making your independent initial disability claim. But if your claim is rejected and you decide to appeal, hiring a lawyer will significantly increase your chances of winning. Most SSDI and SSI attorneys don’t require any upfront fees; they only get paid if you succeed. To find out more, speak to a lawyer right away.
If you want to learn more about social security disability law or ways to start the application process, give us a call at 321-914-4710 in Melbourne, FL and 407-588-4817 in Orlando. At Huddleston, Robbins & Riddle P.A., we ensure you know your rights and get what you deserve.