A lot of people suffer from different physical ailments and disabilities in America. Two of the organisations definitely provide help to disabled people. Social Security Disability Insurance and Supplemental Security Income both provide tremendous help and support. There are various number of requirements needed to be fulfilled and how to qualify for disability benefits. The Social Security Administration decides the benefits and laws.
Do I need a disability lawyer?
A lot of people think that Social Security Program may be for them and thus, it is wise to speak with an disability attorney for help with regulations and applying. But, before that it is wise to check if you qualify for the disability program.
What conditions qualify for disability?
The first and foremost requirement is the intensity and the severity of a particular individual. The Social Security Administration has their own set standards of qualifying the severity of a person. They claim the situation severe or non-severe depending on the hindrance it creates for a person to carry out normal day to day activities. Also, if their situation and condition will allow them to work or not.
What qualifies you for disability?
The minimum amount of time it take to qualify for the advantages and grants is approximately 12 months. For instance, if the person who applied for the help can be given proper medical aid and his/her condition could be improved or taken back to a non-severe level within or before 12 months, then that person will be denied an approval.
The Social Security Administration also makes sure the candidate is unable to work at any of their previous jobs before giving them an access to the grant.
For this particular procedure the administration will take a look at the past relevant work history which includes:
- The complete job description
- The physical needs of the previous job
- The physical problems that one might face at these jobs
- All the possible medical reasons that are creating hindrances to fulfill the job properly
The more properly the past relevant work history justifies the person’s condition, the more likely he/she will qualify for disability.
The next and important step to qualify includes the amount of contribution a person has made of the different taxes to Social Security Administration. The contributions are also called as credits. An individual can earn up to 4 a year. Normally, 40 credits are needed to qualify for the insurance out of which 20 credits should have been obtained in the past 10 years before getting the disability. Also, the whole credit system differs as per the age of the candidate. The younger the candidate, lesser the credits required.
What is the Medical Criteria?
During the first round of interview, a representative will be present who will be collecting the candidate’s medical records. The records that are needed are:
- Names of the doctors and physicians visited
- Addresses and contact details of the hospitals visited
- Dates of treatment
- Previous work history for the past 15 years
The initial interview round also requires some non-medical documents for Social Security Administration. Those include:
- Proof of Citizenship
- Personal Information
- Marital Status
- Insurance details during your work record
After You’re Approved for Disability Benefits
After the application is approved by the Social Security Administration, the benefits reach the candidates only after 5 months. The organisation sees if the candidate has a severe problem and it is not cured. Thus, it needs to be there for 5 months. It is also likely that an individual will receive the complete approval after 6 months or 1 year. But, a back pay is given after 5 months, after the disability of a person has begun.
After which a disability benefit check will be given to the candidate every month. Also, if the income of the candidate is a bit on the high side then he/she needs to pay tax on the state disability benefits.
A particular candidate will receive the SSD as long as he/she is in a condition of not working. Social Security Administration will continue to perform a CDR which is also called the continuing disability review for 1 to 3 years. This is to check if the candidate’s medical condition is improving or deteriorating.
What if my disability claim is denied?
Not all application receive an approval from the SSD. Then the candidate can appeal for the reason for the denial. After which you can appeal for a review form a different examiner. If denied still, then a hearing with an administrative judge is arranged for the final decision.