The Social Security Administration (SSA) runs a program designed to protect people with disabilities. Social Security Disability Insurance (SSDI) helps people get financial compensation if they are unable to carry out regular employment; but, as many have found out, the system can be challenging to navigate and the SSA denies the majority of initial claims.
Having a reliable SSDI lawyer help with the process can help you avoid some of the hurdles. We can ensure that you have the appropriate documentation for your claim, reducing the likelihood of a denial, but can also advocate for you during an appeal, if necessary. To learn more about the disability claims process, contact a nationwide SSDI benefits lawyer.
The SSA offers two types of benefits for people with disabilities—Social Security Insurance (SSI) and SSDI. Some people may qualify for both types of benefits but lifelong earnings can influence which type is available.
SSDI benefits are usually more significant than SSI benefits. They are for people who have a history of gainful employment, who have earned enough over their lifetime to qualify for the benefits, and who are under retirement age. When those people experience a debilitating injury or illness that prevents them from gainful employment, then they qualify for SSDI.
SSI benefits are often smaller than SSDI benefits, but they can cover all disabled people, not just those with a history of gainful employment. SSI benefits are for those who have not worked long enough to earn the minimum work credits required for SSDI. The program also has income and other property limitations, which means the applicant must demonstrate a financial need in order to qualify.
Determining whether SSI or SSDI is appropriate can be difficult. An experienced SSDI benefits lawyer can examine a claim and guide an applicant in the right direction.
The SSA has five requirements for people to get SSDI benefits. First, they will examine the applicant’s work history. Many people believe that the person has to have been working at the time of the accident, but this is false. Instead, the person needs to have enough work credits: at least 40 overall, with 20 credits in the last 40-calendar period, which translates to working five of the last 10 years. Someone who is not gainfully employed at the time of a disability can still qualify for SSDI, but they need to have that work history.
Next, the SSA will consider whether someone is currently able to work. The first question is whether someone can perform the work that they did in the past. If not, they will ask if the person can perform other types of work. Someone is only disabled if he or she is unable to perform Substantial Gainful Activity (SGA).
Every year, the SSA sets a dollar amount threshold for SGA but it is usually not enough to support a person. Someone making more than the SGA each month will not qualify for disability, even if they have an illness or injury that would otherwise qualify them.
The SSA will also look at the extent of the applicant’s medical condition. It must be long-term, which means that it has lasted or is expected to last for at least a year, or otherwise lead to death. Not every disability qualifies. The SSA maintains a list of impairments, which includes musculoskeletal disorders, respiratory disorders, cardiovascular system issues, skin disorders, neurological disorders, cancer, and many others. While the list includes most impairments, it is possible to have a debilitating injury that is not listed here.
In addition to the general guidelines, the SSA may consider an applicant’s financial obligations, including those of children, spouses, and even former spouses. For SSI, they may also look at total assets, but other forms of assistance should not count toward those limits. The process can be confusing, complicated, and cause you to give up if you are denied. Fortunately, you always have options. Let a nationwide SSDI benefits lawyer help you figure out the process. Schedule a free consultation with Jan Dils, Attorneys at Law to learn more.
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