Social Security Disability
Overview
Disabled persons are left to deal with the challenges of trying to support themselves and their families without the ability to work due to physical, mental or psychology injuries or conditions, whether congenital or development. For these people, Social Security Disability benefits may be available through the Social Security Administration (SSA).
Types of Disability Benefits
There are two types of benefits relating to Social Security disability. Social Security disability benefits (SSD/ Title II) may be available to disabled people who have engaged in work activities over a good portion of their life and have worked approximately five of the last 10 years. When you earn wages, the Federal Insurance Contributions (FICA) taken from your paycheck essentially acts as a insurance “premium” in the event you become disabled. If you are entitled to SSD benefits, auxiliary benefits may be available to your spouse and minor children. The other benefit, Supplement Security Income benefits (SSI/ Title XVI) apply to people who are disabled but do not have a significant work history and have not paid sufficient money into Social Security to qualify for SSD benefits. SSI benefits are meant to provide disabled persons with a minimum level of income to the disabled who also lack other resources or income. Both types of disability benefits utilize the same definitions of disability and other items.
If you are granted Social Security disability you receive a monthly benefit amount that is determined by the Social Security Office. In addition, if your disability began in the past, you will receive a certain amount of past due benefits depending on the date as to determine the date your disability actually began. This past due benefits is paid in a lump sum. If you receive supplemental Social Security income you also might receive Medicaid. Those who receive Social Security benefits will receive Medicare two years after being eligible for Social Security disability benefits.
"Disabled"
Essentially, disability means an inability to engage in any substantial gainful activity for any reason because of a medically determined physical or mental impairment which can be expected to last or has lasted for a continuing period of not less than 12 months or that will result in death. To be considered disabled, you may either have a single physical or mental condition or a combination thereof. In determining disability the SSA examines your physical and mental conditions, education, age and experience. The Social Security Administrations scrutinizes each medical condition based on federal regulations. This link sets forth many of the basic categories (set forth in the Code of Federal Regulations Title 20- APPENDIX 1 TO SUBPART P OR PART 404 – LISTING OF IMPAIRMENTS) in which the Administration categorizes and sets forth the requirements necessary to establish disability along with age, experience and education.
Process
Most people seeking disability benefits are initially denied. After denial, a person may seek a "Reconsideration," which is essentially a different department within SSA reviewing your information. Most “Reconsiderations” are also denied. After a reconsideration denial, you may seek a hearing before an Administrative Law Judge. This is a person’s greatest chance to win disability benefits as you are actually permitted to testify and present evidence supporting your claim. The hearing is similar to a trial, without the usual rules of evidence, and there is no opposing side other than the evidence and documentation generated by the SSA. There are also time limits that must be followed when seeking appeal of a disability denial otherwise a new application must be filed and you can lose back benefits. If you are unsuccessful before the Administrative Law Judge, you can appeal to the Appeals Council, and if unsuccessful there, you can file a suit in federal court challenging the decision.
Attorney Fees
Generally speaking, federal law and regulations governs the fee that an attorney can collect for representing a disabled person in Social Security Cases. In most cases, the attorney fee is 25% or $5,300, whichever is the lower amount. This only applies to back benefits, that is, benefits due from the time you are determined to have been disabled, until the Social Security Administration acknowledges your disability. Attorney fees are not taken from future benefits. A representative may also seek to obtain a fee through a Fee Petition process rather than a written fee agreement. However, the amounts are usually the same.
Click here for some suggestions for seeking Social Security Disability Benefits
Common mistakes for Social Security Disability claimants
Click here for the Social Security Administrations Listing of Impairments
Free Consultation
Contact Nebraska’s Lapin Law Offices at (888) 525-8819 or click here if you or a loved one are seeking Social Security Disability Benefits for a free initial consultation.