Social Security Disability
The United States Social Security Administration has implemented a form of insurance intended to aid workers who are suffering from temporary disabilities which hinder their ability to work for earnings. This insurance, known as Social Security Disability Insurance (SSDI), is applied for through a length application process which requires precision and accuracy.
Qualification for SSDI involves several requirements concerning the degree of injuries and inability to work. Unlike Social Security Insurance, which is distributed based on income and disabilities, SSDI is determined solely based on physical and mental impairments that keep an individual from working for at least 12 months or until death. While SSI may be given to low income individuals who are still working for a small amount, SSDI is intended to replace lost wages because of a physical impairment.
Unlike other government funded welfare programs, Social Security Disability is directly funded by those who benefit from it. This means that an individual must contribute to their fund while working in order to benefit from it in the event of a disabling injury. The contribution is done through Social Security taxes and qualification is determined through the evaluation of certain requirements.
In order to qualify to receive SSDI, an individual must have worked a certain length of time proportional to their age at the time of the application. For example, if an applicant was disabled before turning 24, they must have worked at least one and a half years out of the last three years in order to qualify for the insurance. If the applicant disabled is between the ages of 24 and 30, he or she must have worked half of the time since their 21 st birthday. This means that if the applicant is 25 years of age, he must have worked two years, since it has been four years since his 21 st birthday. Lastly, for applicants over the age of 31, the work requirement is at least five out of the last 10 years. Work requirements for Social Security Disability Insurance also involve standards concerning the duration of the work done according to the applicant's age.
Once the work requirements have been met, the evaluation for qualification will then move on to examine the specific physical condition of the applicant. While the work requirements are determined by the Social Security Administration, the disability requirements are evaluated by a local Disability Determination Services office. The agency will examine five elements concerning the individual's condition when determining qualification. First, the applicant cannot be earning more than a certain amount of money in order to qualify for the insurance.
The applicant must be suffering from a condition of injury which substantially affects his or her ability to work for earnings and live independently. Furthermore, his or her condition must be one included on the Social Security's List of Impairments that qualifies for the insurance or the disability must at least be as severe as one of the conditions on the List. The applicant must have been determined by a medical professional as unable to work because of the condition or disability. Finally, not only should the applicant be rendered unable to perform the duties of his or her previous employment but also of any other nature of work available.
Applying for Social Security Disability Insurance
The application process for SSDI can be long and extremely complicated. One mistake in the application can lead to an unwanted delay, avoidable added scrutiny and even denial of the insurance. For this reason, it is highly advised that disabled worker's secure their chances of receiving these benefits by consulting with a personal injury lawyer during the process. A personal injury attorney in Santa Clarita will be able to offer advice and quality control of the application in order to ensure an efficient and effective submission.
For assistance in applying for Social Security Disability or to learn more about The Law Offices of Gerald L. Marcus, contact a Santa Clarita SSD lawyer from our firm today.
We've Recovered Millions
We're always looking to make sure our clients get the justice they deserve. With millions recovered, we know what it takes to win both inside and outside the courtroom.VIEW ALL CASE RESULTS
Featured Success Stories
Over the past four decades, we've successfully resolved hundreds of cases. Learn more about our clients success stories by visiting our testimonials section.VIEW ALL TESTIMONIALS
Working With Our Firm
At The Law Offices of Gerald L. Marcus, we have a variety of legal professionals at our disposal focused on creating the ideal strategy for your case.MEET OUR LEGAL TEAM