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Posted on Nov 26 2021

The DIY Social Security Disability Benefits Guide

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This short guide was created to help you understand the basics of Social Security disability benefits and to help you determine your eligibility to the Social Security disability benefits program. We do not provide any Social Security disability benefit-related services, so you can be assured that all of the information in this guide is independent and unbiased.

Background on Social Security disability benefits
The Social Security disability program was put in place to take care of people who become disabled and are no longer able to work. Studies have shown that a 20-year-old worker has almost a 30% chance of becoming disabled at some point in his or her career. The Social Security disability program is funded through payroll contributions (this shows up on your pay stub as 'FICA') of working Americans- 6.2% goes to Social Security, 1.45% goes to Medicare, and .9% goes to the disability program. To qualify for Social Security disability benefits, 
you must have contributed to the Social Security program and have a medical condition that meets Social Security's definition of disability. In general, Social Security pays monthly cash benefits to people who are unable to work for a year or more because of a disability.

How to tell if you're eligible for Social Security disability benefits
Determining your eligibility to the Social Security disability benefits program can be confusing and problematic, and often, professional assistance is required or desired to help navigate the processes and procedures. Also, professional 
assistance can be helpful if you have been denied Social Security disability benefits. However, here are some guidelines that might give you an idea as to your eligibility:

The Social Security Administration (SSA) identifies a disability as an 'inability to engage in any gainful activity because of a physical or mental impairment'. According to their guidelines, benefits are only paid for total disability- no benefits are paid for partial or short-term disability. Disability is based on your inability to work- to either perform work that you did prior to your medical condition, or that you are unable to adjust to other work. Furthermore, your disability must last for at least one year to be eligible for Social Security disability benefits. The SSA requires that substantial medical evidence be presented in order to receive disability benefits.

The second major qualification to receive Social Security disability benefits is that you must have 'paid' enough into the Social Security system. Generally, the number of work credits you need to qualify for disability benefits is 40, and 20 of those had to have been earned in the last 10 years ending with the year you become disabled. This is a general guideline, and younger workers may qualify with fewer work credits.

Here are the answers to some other commonly asked questions about the Social Security disability program:

What do I do if my claim has been denied?
As mentioned above, Social Security requires that substantial medical evidence be produced in order to get disability benefits. Often, a doctor or another government agency will diagnose a person as disabled, but Social Security will still deny the disability claim. There are many reasons for such a denial, including errors on the part of the person performing the review, inadequate or incomplete medical information, failure of the disabled person to fully report all of the medical or psychiatric conditions from which they are suffering, a belief that the worker can still perform other work, and so on.

How long will my benefits continue?
Social Security disability benefits usually continue until you are able to work again on a regular basis. There are also a number of special rules, called "work incentives," that provide continued benefits and health care coverage to help you make the transition back to work. If you are receiving Social Security disability benefits when you reach retirement age, your disability benefits automatically convert to retirement benefits at the same monthly amount.

Can other members of my family get benefits?
Certain members of your family may qualify for benefits on your record. They include:

· Your spouse who is age 62 or older, or any age if he or she is caring for a child of yours who is under age 16 or disabled and also receiving checks.
· Your disabled widow or widower age 50 or older. The disability must have started before your death or within seven years after your death. (If your widow or widower caring for your children receives Social Security checks, she or he is eligible if she or he becomes disabled before those payments end or within seven years after they end.)
· Your unmarried son or daughter, including an adopted child, or, in some cases, a stepchild or grandchild. The child must be under age 18 or under age 19 if in high school full time.
· Your unmarried son or daughter, age 18 or older, if he or she has a disability that started before age 22. These children are considered disabled if they meet the adult definition of disability.

What if my disability benefits application is denied?
After Social Security has reviewed your disability benefits application and the information you have provided, they may decide that you do not meet the qualifications for disability benefits. If you disagree with that decision, you have the right to ask Social Security to review your application again. The declined notice you receive will explain how to make the review request and your deadline for submitting it.

Will my case be reviewed?
In general, your Social Security disability benefits will continue as long as you are disabled. However, the law requires that Social Security review your case periodically (depending on your condition) to verify that you are still disabled.

What information must I report to the Social Security Administration?
You are responsible for promptly reporting any improvements in your condition if you return to work, and certain other events as long as you are receiving disability benefits.

What happens if I work while receiving disability payments?
You need to report if you get a job or become self-employed, no matter how much or little you earn. If you are still disabled, you will be eligible for a trial work period, and you can continue receiving benefits for up to nine months. Also, you need to report if you have any special work expenses because of your disability (such as specialized equipment, a wheelchair or even some prescription drugs) or if there is any change in the amount of the expenses.

How to get help with your Social Security disability benefits case
Dealing with a serious disability can be very difficult due to not only the trauma and pain of the medical condition 
itself but also the psychological stress associated with loss of income and related troubles. Add to this situation the stress of dealing with the Social Security Administration, and you can easily see why having a professional on your side might be very desirable. There are attorneys around the country who specialize in being advocates for people like you and who help their clients navigate the Social Security disability benefits program. Often, these attorneys will only charge for their service if they are successful in getting benefits for you, so there is no risk for using their services.

Finding the right attorney to help you with Social Security disability benefits is just like finding an attorney for any other reason. As the common phrase goes, "the best predictor of future results is past behavior", so the track record of the attorney is probably the single best indicator of your likely success. Make sure you find out how many cases the attorney and/or firm has handled and how many of these cases resulted in successful Social Security disability benefit claims. Find out how payment to the attorney will be made- upfront, by contingency, only if the claim is successful, and so on.

Beyond these questions, make sure you understand how the disability claims process will work, what your role will be in terms of your requirements (in providing medical documentation, appearing at the Social Security office, and so forth), what their strategy will be, and how you will communicate with the Social Security disability lawyer. Speaking with more than one attorney about your case will give you perspective and a way of comparing your options. Again, the stakes can be high, so do your 'due diligence' in finding the right one for you.

 

In conclusion, we hope you have found the information we have put together for you useful. We recognize that this guide was in no way exhaustive, and that there is more to Social Security disability benefits than what is included here. We suggest that you use the information in this guide as a starting point in your search for the right Social Security disability benefits service for you.

 

Notice: We make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site, nor do we guarantee or warranty the quality of the work produced by any of our sponsors. The determination of the need for legal services and the choice of an attorney are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. All potential clients are urged to make their own independent investigation and evaluation of any attorney being considered, and nothing provided herein should be used as a substitute for the advice of competent legal and/or medical advice. We do not endorse any attorney or law firm.

 

 

 


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11-26-2021 at 04:13 PM

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