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What are Disability Benefits?
If you have a disability that prevents you from working you may be eligible for Social Security Disability benefits from the Social Security Administration. There are several issues with which you must be concerned to ensure your qualification. The whole process can seem daunting. An experienced attorney can answer your Social Security Disability benefits questions and help you through any level of the qualification process.
Social Security Benefits
Social Security is the comprehensive federal benefits program that provides workers with retirement income, disability income, family benefits, survivor benefits, and Medicare. The program is funded by earmarked taxes withheld from an employee's paycheck and matched by the employer, and by earmarked taxes from self-employed individuals.
All Social Security benefits are administered by the Social Security Administration and governed by the Social Security Act.
Disability
To collect Social Security Disability benefits, a person must be "disabled" in accordance with the federal Social Security Act. Under the Act, "disability" means the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment, or combination of impairments, which can either be expected to result in death or has lasted, or is expected to last, for a continuous period of not less than 12 months.
Types of Disability Benefits under the Social Security Act
There are five major types of disability benefits available under the Social Security Act. The qualification rules for each are complex. Also, there are important differences between the Social Security Disability program, which covers the first three benefits listed below and the Supplemental Security Income (SSI) program, which covers the final two listed below. This overview focuses on the disability insurance program, which is based on disability and an adequate work record, but the SSI program, based on old age, blindness, or disability of people in poverty, bears mentioning.
- Disability Insurance Benefits are generally considered the most important. These benefits go to persons who have worked and earned disability insurance coverage in recent years, but are now disabled. Under certain circumstances, these benefits may be extended to the disabled worker's dependents, or survivors, if the disabled worker dies.
- Disabled Widow's, Widower's, or Surviving Divorced Spouse benefits are paid to persons who are at least 50 years old and meet certain other requirements. The deceased spouse must have been insured through his or her work record for the spouse to gain coverage.
- Disabled Adult Child Benefits are paid to children of insured persons who are deceased or who are drawing Social Security disability or retirement benefits. The child must have become disabled prior to the age of 22.
- Supplemental Security Income benefits are paid to persons who are poor, and disabled, blind, or elderly. Under this type of benefit, the person has not worked enough to reach insured status.
- Supplemental Security Income Child's Disability benefits are paid to children up to age 18 who are disabled or blind, and whose families meet certain income and resource limits.
Conclusion
Armed with this basic knowledge about the types of Social Security Disability and SSI benefits available, you should begin the application process for you or for any family member who is disabled from working or who may qualify as a dependent, adult child, or survivor of a disabled worker. A skilled attorney can answer your Social Security Disability benefits questions and help you through the qualification process.
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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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