What Is Social Security Disability Law?

by | Jul 13, 2015 | Attorney

Social Security is a program run by the United States federal government, the objective is to provide some income to workers who are eligible and become disabled. SSI disability is administered by Social Security Administration (SSA). The entire goal is to make available monetary benefits to workers and their dependents who suffer a physical or mental disability when the principal wage earner can no longer work due to the disability. The program provides benefits to eligible recipients.

It is not a simple matter of applying for and being granted Social Security benefits, to be eligible the individual must meet a number of criteria under the law. Perhaps the most important is determining that the individual applying for benefits has a disability that prevents him or her from doing any gainful work. The impairment is expected to last either 12 months minimum or result in death and the applicant must not yet have reached the age of 65. The applicant must have accumulated enough work credits over the previous ten years as well. Should the applicant meet all these criteria and the disability is one recognized by the SSA then benefits will be granted and they will be paid for as long as the person remains eligible.

The applicant must be disabled in full accordance with Social Security disability law. As well as the minimum 12 month duration or the possibility of death the applicant must be unable to do the work once done. The administration must decide whether the applicant’s disability is such that they can adapt to different work should such work be available. It is a long and tedious process and there is a great deal of medically based information that must be provided to the administration.

As Social Security disability benefits are granted only to those who have paid FICA, a payroll tax, it is important that the applicant has sufficient work credits to qualify. It is not only having enough work credits, they must have been earned recently. The income that an applicant needs to qualify tends to change annually so it is important to consult with a local Social Security office for full details on eligibility.

The amount paid in the way of a monthly benefit depends on the wages earned prior to the beginning of the disability. As long as the disabled individual is receiving benefits, the spouse and children may also receive SSI disability payments.

The laws that apply to SSI disability are very complex and it is advisable for an applicant to seek the help of a qualified lawyer. You are invited to contact the Davis-Morris Law Firm.

Post You Might Like

Categories

Archives

Related Posts