Social security “disability” benefits are paid to people under 62 years of age that suffer from injuries, disability and impairments which prevent them from engaging in substantial gainful activity in the national economy.
Entitlement to social security disability benefits involves many considerations. The Social Security Administration will consider the physical and mental restrictions, work history called “past relevant employment”. The age, education and ability to communicate in English are also very important to the decision process.
Disability is defined as “the inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can reasonably be expected to last for a continuous period of not less than12 months”.
To meet this definition you must have a severe impairment which makes you unable to do your previous work or any other substantial gainful activity which exists in the national economy.
In addition to the disability requirements, the claimant must have worked a sufficient amount of time where they paid social security payments or premiums from their earnings into the social security fund. Generally speaking, a person must have worked 20 quarters out of the prior 40 quarterly years to qualify for “disability” benefits.
Supplemental Security Income benefits
A disabled person may qualify for Supplemental Security Income (SSI) benefits if they meet the “disability” definition stated above. SSI for disability can be obtained even though a person may not have paid enough social security premiums. Generally speaking the claimant cannot have more than $2,500.00 in assets. There are certain exclusions for the value of your house and car and other items. SSI disability helps keep people above the poverty level when they are disabled.
Spouses, survivors and dependents benefits
A widow, widower or surviving spouse of a person who was fully insured when he or she died , under certain circumstances will be entitled to receive a monthly social security benefit.
We are more than happy to schedule a free appointment to speak with you about your entitlement or a friend or loved one’s entitlement to social security and supplemental security benefits.
If you think you have been wrongfully denied social security benefits contact us for a free consultation to get the benefits you deserve.