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Social Security Disability - An Overview
Whether you are planning to apply for Social Security Benefits, or you are planning to appeal a recent Social Security Administration decision, it helps to fully understand the benefits process. You need to know which agencies make certain decisions, the standards used to determine whether you qualify, and also understand your right to appeal. This overview provides information that you should be familiar with at any level of the process. An attorney can answer your Social Security Disability benefits questions, and help you through any level of the qualification process.
What are Social Security Disability Benefits?
Social Security is the comprehensive federal benefits program that provides workers with retirement income, disability income, family benefits, survivors' benefits and Medicare. The program is funded through the employer withholding FICA taxes from an employee's paycheck. Employers then match this withheld amount.
Disability benefits are a part of the Social Security program. The Social Security Disability Benefits are reviewed, paid and governed by the Social Security Administration. The law that governs a person's qualification is found in the Social Security Disability Act.
Disability
In order to collect federal disability benefits, a person must be disabled according to federal standards. Benefits are paid to people who are not capable of work because they have a medical condition that is expected to last at least one year or result in death.
The language of the Social Security Act, specifically states that "disability" means the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or is expected to last for a continuous period of not less than 12 months.
Earning Tests
Under the federal law, you must meet certain earning tests in order to collect disability benefits. Basically, you have to build up sufficient "work credits" under the Social Security rules. The amount of credits you need depends on your age and the year in which you become disabled. These tests are commonly called the "recent work" test, and the "duration of work" tests. It should be noted that certain blind workers only have to meet the "duration of work" test.
When to File
You should file for social security disability benefits as soon as you become disabled and are unable to work. The whole process can take a very long time. Therefore, the sooner you get started, the sooner you will be able to gain the money needed to avoid financial trouble.
Where to File
You can apply for benefits in person at any Social Security office, by telephone, or by mail. Going to a local office in person may allow you to get advice from the agency workers, giving you the opportunity to correct mistakes on your application prior to filing, and allow for more personal treatment of your claim.
The Decision Process
Following the receipt of you application, or following the application interview, a federal Social Security representative will review the information you have presented. If they are satisfied that the application meets certain basic criteria, they will forward the application and evidentiary materials to a state vocational rehabilitation agency that is charged with making a decision regarding your disability.
The state agency uses a five-step process to determine if you are disabled. The reviewed elements are:
- Whether or not you are working
- Whether or not your medical condition is severe enough to render you disabled
- Whether your impairment is on a government list of impairments granting automatic disability
- Whether or not you can do the work you did before
- What other types of work you are able to do
If the above elements satisfy the state agency, they forward the file back to the federal Social Security Administration who then determines if you are financially eligible.
You will receive a notice in the mail after the process is complete.
Appeals
You have the right to appeal the decision. Your appeal first goes to an administrative law judge at the Social Security Office of Hearings and Appeals. Following this stage, you have a right to appeal to the Social Security Appeals Council. Finally, you may appeal to the federal courts. Obviously, an attorney can greatly assist you at all levels of the appeals process.
Conclusion
All levels of the Social Security Disability benefits process can be time consuming and complex. An attorney can answer your Social Security Disability benefits questions, and help you through all levels of the qualification or appeals process.
Copyright ©2007 FindLaw, a Thomson Business
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
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