Social Security

What is Social Security Disability?

Social Security Disability is a part of the Social Security System and is available for workers who have paid Social Security taxes for at least ten quarters. If you become disabled according to the Social Security guidelines, you may be eligible to receive Social Security benefits. If you have not paid Social Security taxes for the required length of time, but are disabled and meet the financial guidelines, you may be eligible for Supplementary Security Income (SSI).

What is considered disabled?
The Social Security Administration defines a "disabled" person as one who:

  1. is disabled by a physical or mental disease, injury or condition (or combination of those three) for at least one year; and
  2. that disease, injury or condition must prevent you from performing any substantial work (not just your usual work). How pain effects your work is also considered.

Meeting these requirements can be difficult because the Social Security regulations require medical documentation (such as x-rays, tests, etc.) not just doctors opinion. The Social Security Administration may even require additional examinations (at their expense). If you refuse to cooperate in these extra evaluations, your claim will be denied.

What benefits will I get?
According to your records, you will receive a monthly check from the date you applied or became eligible, and you will also be eligible for medical benefits. If you have a dependent spouse and/or children, they may also be eligible for additional benefits.

When should I apply?
If you are injured, you should apply as soon as your doctor determines that your condition will prevent you from working for at least one year. If you meet the guidelines, you are entitled to these benefits as a contributor to the Social Security Trust Fund, and you should take advantage of them if you need them.

How do I apply?
Your local Social Security office will help you with the application process. You will need to call your local Social Security office and schedule an appointment to file your application for benefits. The Social Security office will take your application either in person, or by telephone, whichever is most convenient for you. If you have a dependent spouse or children, it will be necessary for you to fill out an application on their behalf as well. The Social Security office will then mail you forms to be completed prior to your appointment with them. These forms will require such information as the medications you are currently taking, your doctors' names and addresses and your previous employers. If this material is provided to the Social Security office when your claim is made, it will help speed up your claim.

Do I need the help of a Lawyer?
A person can easily begin the application process without the help of an attorney. Each year however, many people are needlessly denied Social Security and SSI benefits. If you are denied benefits, but you feel that you meet the above requirements, you may need an experienced attorney to review your case and, most importantly, develop and argue your case of appeal.

Disabilities include (But are not limited to) the following conditions:

  • Anxiety and Depression
  • Back, neck, and joint pain
  • Breathing disorders
  • Finger/Hand/Wrist pain
  • Heart condition
  • Memory loss
  • Migraines
  • Seizures
  • Stroke
  • Vision/Hearing loss
  • Weakness/Fatigue

For a consultation to discuss your legal options, please call us at 800-868-0400 or contact us online.