Social Security Disability Attorney Overview
Social Security Disability benefits exist to help those who are unable to participate in substantial gainful activity due to physical or mental impairments. When you find yourself unable to work due to a disability or medical condition, it can be a daunting and overwhelming experience. Fortunately, there are government programs in place to provide support for individuals facing these circumstances.
Understanding Social Security Disability law and navigating the complex application process can be challenging on your own. That is why it is crucial to have an experienced attorney by your side.
Social Security Disability Insurance (SSDI)
Social Security Disability Insurance (SSDI) is a federal program designed to provide monthly financial assistance for individuals who have paid into the system through payroll taxes but are now unable to work due to a disabling condition. Supplemental Security Income (SSI) is another program administered by the Social Security Administration that provides benefits based on financial need.
To qualify for SSDI benefits, applicants must meet certain eligibility criteria, including:
- Work Credits: The applicant must have earned enough work credits by paying into the system through employment covered under Social Security contributions.
- Disabling Condition: The applicant must show they have a qualifying physical or mental impairment that prevents them from engaging in substantial gainful activity.
- Durational Requirement: The disabling condition must either last at least one year or result in death.
The application process involves gathering extensive medical evidence, completing detailed forms, and providing supporting documentation. It is not uncommon for initial claims to be denied due to incomplete or inadequate information.
Supplemental Security Income (SSI)
Supplemental Security Income (SSI) is another type of Social Security disability program available for individuals with limited income and resources. Unlike SSDI, which is based on work history and contributions made through payroll taxes, SSI provides cash assistance to those in need regardless of their past work record. To be eligible for SSI benefits, you must meet certain income and resource limits set by the SSA. Generally, SSI recipients have little or no income or assets aside from necessities such as food and shelter. Additionally, like SSDI applicants, SSI applicants must prove that they have a disabling condition that prevents them from engaging in substantial gainful activity.
Veterans' Benefits
Veterans who have served in the military may also be entitled to disability benefits through the Department of Veterans Affairs (VA). The VA offers a range of disability compensation programs for veterans who have incurred injuries or illnesses during active duty. These benefits are separate from Social Security disability and have their own set of criteria and application process.
It is important to note that while some disabled individuals may qualify for both Social Security disability benefits and veterans' benefits, the two programs are distinct. Meeting the eligibility requirements for one program does not automatically make you eligible for the other.
Disabled Adult Child Benefits
Social Security also provides benefits to children with disabilities whose parents receive Social Security retirement or disability benefits. This program is known as Disabled Adult Child (DAC) benefits. To be eligible, the child must meet specific criteria, including:
- Is unmarried
- Is at least 18 years of age
- Has a disabling condition that began before the age of 22
- Meets income limits set by the SSA.
Widow/Widower Disability Benefits
If your spouse was receiving SSDI or retirement benefits before their death and you meet certain criteria, you may be eligible to receive widow(er)'s disability benefits. To qualify for these benefits, you must be between the ages of 50 to 59 and have a disability that meets Social Security's definition of "Disabled."
The Role of an Experienced Social Security Disability Lawyer
An experienced Social Security Disability attorney understands the intricacies of the application process and can provide valuable guidance throughout each stage, such as:
- Initial Consultation: During this first meeting, your attorney will review your case in detail, assessing your eligibility for SSDI benefits based on work history, medical condition, and other relevant factors.
- Application Assistance: Your attorney will assist you in completing all required forms accurately and thoroughly, ensuring that no crucial information is overlooked or omitted.
- Evidence Collection: An attorney well-versed in Social Security Disability law knows which types of evidence are most compelling when presenting a case before the Administrative Law Judge (ALJ). They will help gather medical records, statements from doctors outlining your limitations, testimonies from friends or family members familiar with your disability's impact on daily life, and any other supportive evidence that strengthens your claim.
- Appeal Representation: If your initial application receives a denial (which is common), your attorney can guide you through the appeals process step by step.
- Benefit Maximization: Your dedicated legal team will be committed to maximizing SSDI benefits owed to you by exploring additional avenues for obtaining compensation that may be available under other programs or provisions within Social Security law.
