What are Social Security Disability benefits?
The benefits related to Social Securtiy Disability (SSD) were brought to existence for individuals with injuries or disabilities that hinder their ability to work temporarily or permanently. SSD compensation payments are then provided to the individual based on how their inability of work is perceived. These cases involve tedious amount of legal work. The immense amount of federal regulations and eligibility requirements make these cases highly complex and unpredictable, with a number of cases ending in denials as all the ingredients of the applications to be accepted were not provided.
The Social Security benefits of individuals depend upon their insurance and credits in the earnings record since they are to be provided from the Social Security Tax fund. . The earnings of an individual should be recent and long enough to have paid in the social security system so that they can claim the benefits. The individual filing the claim must provide work history and proof of tax payments known as work credits.
Other than an individual, a third party may also make a claim on the SSD of a disabled worker. This mostly happens in the cases when an individual dies. If the deceased regularly paid his Social Security Taxes and had enough credits, his or her family can fight for eligibility for survivor benefits.
Social Security Administration website, http://www.ssa.gov.
“We pay disability benefits under two programs:
The Social Security disability insurance program pays benefits to you and certain family members if you worked long enough and paid Social Security taxes. Your adult child also may qualify for benefits on your earnings record if he or she has a disability that started before age 22.
The Supplemental Security Income (SSI) program pays benefits to disabled adults and children who have limited income and resources.
SSI benefits also are payable to people 65 and older without disabilities who meet the financial limits.
For most people, the medical requirements for disability payments are the same under both programs and disability is determined by the same process.
Whether you apply for Social Security or SSI disability, we ask you for information about your medical condition, work and education history to help us decide if you are disabled under our rules.”
Source Social Security Administration website, http://www.ssa.gov.
Determining your qualification for SSD
The eligibility criteria as mentioned earlier are tedious and complex and applications are more exposed to the risk of being rejected. Initially the SSD benefits are dependent on an individual’s disability, injury or illness and upon the proof that the tenure of the condition will be more than a year.
It also depends upon providing evidence that the individual is unable to continue working in their previous job and is also unable to find a new job in a new domain. The claim should be backed with scrupulous and hefty amount of work credits so that the chances of disqualification can be minimized.
If you are able to provide an answer in the favor of any of the following questions, your rights should be protected by the Social Security Administration
- Is your impairment mentally or physically severe enough that it hinders you from working?
- Is your disability (physically/mentally/education/age/impairment) severe enough that it hinders you from working not only in the domain of your previous job but also in every other capacity?
- Is your disability expected to last at least a year?
The process of SSD, lacking in any capacity, can be subjected to disqualification of the application by the agencies. With the large number of application rolling in, the number of denials in the initial phase of application process is increasing. Any missing information on the application makes the screening process for the agencies easier. If an application is denied in the initial phase, the individual has 60 days to file the claim. Going unprepared to the appeal of denial has even more risks of the case being permanently closed or disqualified.
Most of the disqualifications are a result of:
- Insufficient medical records
- Insufficient work history
- Unfamiliarity with the SSD process
- Unfamiliarity with the proper procedure and eligibility criteria
- Unfamiliarity with the mandatory federal and legal regulations
We at Social Security Lawyers of Nevada handle your Social Security Case in the same way as we would want our case or the cases of our families and loved ones to be handled. We have recovered in millions for the clients who were in need of the SSD benefits and assistance. We endeavor in helping all of Las Vegas’s injured individuals in having their financial stability and personal well being by providing them with the best optimistic chance of having their application qualified.
If you are looking for experienced and knowledgeable assistance with Social Security disability, contact our firm today.