Social Security Disability

Social Security Disability Benefits are provided by the federal government under 2 programs:

• The Social Security Disability Insurance Benefits program (SSDI), and
• The Supplemental Security Income program (SSI).

Under the SSDI program, the federal government provides benefits to workers with disabilities, dependents, and the surviving spouses.

Under the SSI program, the federal government provides benefits to those individuals with disabilities whose income and assets are below a specified level.

Definition

The Social Security Act defines 'Disability' as '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 can be expected to last for a continuous period of not more than 12 months'.

Requirements

Thus, to apply for a Social Security Disability Benefit under either or both these programs, a person should basically meet any one of the conditions mentioned in the definition above.

These impairments can be either physical or mental and they should be of such a severity that the person will not be able to do either their previous work, or based on their age, education and work experience that person will not be able to do any other substantial gainful work elsewhere.

Benefits

• Disability Insurance Benefits are given to individuals who have worked for at least 5 out of 10 years in the recent past and who are now differently abled.
• Disabled Widow's and Widower's Benefits are given to those individuals who are at least 50 years old and have become disability afflicted within a certain amount of time after the death of their spouse. However, the deceased husband or wife must have worked sufficiently under Social Security to be insured.
• Disabled Adult Child Benefits go to the children of the individuals who are deceased, or are taking the Social Security Disability benefits or Retirement Benefits. In this case, the child must have become disability afflicted before the age of 22 years.
• Supplemental Security Income Benefits are paid to those individuals who are poor and differently abled.

Process For Accepting A Claim

Under the Social Security Act, the following steps are taken before a claim is accepted:

• If the person already has a substantial gainful activity, he is not eligible regardless of his medical condition, age or work experience.
• If the person is not having a substantial gainful activity, the next step is identifying the severe impairment. The impairment is considered severe if that impairment limits the individual's physical or mental capability to conduct basic work duties.
• The Social Security Act has a List of Impairments. If the individual's impairment(s) fall within that list, he is declared as 'Disabled'. Alternatively, if the impairment is not in the list, he moves on to the next step.
• An assessment is conducted of the individual's past work. If the individual is able to perform his past work, then the claim is denied. However, if it is found that the individual will not be able to perform his past work duties in the same manner, he moves on to the next step.
• The next step is where an evaluation is conducted about the other available work which exists in the national economy. The individual's age, education, past work experience, and his functional capacity are assessed. If it is found that the individual cannot do any other work, then he is declared as 'Disabled'.

Ideally, one should apply for the Social Security Disability Benefits right away because the processing of the claim takes about 4 months to get completed. It is recommended that you hire a legal representative for the purpose. If a claim is rejected, one can appeal to higher authorities as well. You can also apply for these benefits if you are getting other compensations such as Workers Compensation Benefits.