Social Security Disability

If you are disabled you may be entitled to receive Social Security benefits no matter your age.

Most people are aware of the fact that the Social Security Administration provides retirement benefits to individuals over the age of 65 years (62 years for early benefits).  However, the Social Security Administration also provides income benefits to adults who have become disabled.

The first of these programs is known as Social Security Disability.  This program provides income benefits to individuals who have become disabled after having worked and paid Social Security taxes.  There are two criteria for qualification to receive benefits:

The first is that the injured individual has worked and paid Social Security taxes in five (5) of out the ten (10) years prior to having become disabled. 

The second criteria is that the individual is totally disabled, from all lines of employment and is anticipated to be disabled for at least a period of twelve (12) months.  The documentation or verification of the disability in most cases must be given by a medical doctor.  If an injured worker qualifies under these two criteria, there are no restrictions on the assets that the individual or his family may hold.  However, since the claim is based upon the individual being totally disabled, he is not allowed any income from employment.  There are also restrictions upon the amount of income that a spouse may earn during the period of disability. 

The second program administered by the Social Security Administration is commonly known as SSI (Supplemental Security Income).  This is a program that provides income benefits to disabled individuals who do not meet the employment criteria for Social Security Disability.  In other words, individuals entitled to benefits under this program do not have sufficient work history to demonstrate that they were employed five (5) out of the ten (10) years prior to their becoming disabled.  Therefore, disabled children due to developmental difficulties may qualify for these benefits once they become adults even though they were never engaged in gainful employment. 

To qualify for Supplemental Security Income benefits, again, the individual must be totally disabled, unable to engage in gainful employment on a routine basis.  Once again, the determination of disability must come from a medical doctor.  The difference is that a person qualifying under SSI may not have assets in excess of $2,500.00 and may not have income from any source, in excess of $600.00 per month.  

Under either of these programs, the Social Security Administration provides a monthly income to the injured individual.  In addition, if there are minor children in the home, the program will also provide a monthly benefit for the minor children and for the spouse that provides care for the minor children.  Anyone applying for Social Security assistance under either program is entitled to representation by an attorney.  In most cases, attorneysí fees are contingent upon obtaining benefits and are limited to 25% of the past due benefits awarded up to a maximum of $6,000.00.

If you have questions regarding the application or entitlement to Social Security benefits, please contact our office.