Social Security Disability is a benefit received by workers, and in some case their dependents, from the Social Security Administration. These benefits can come in two forms: Social Security Disability and SSI. Both of these programs are administered by the Social Security Administration, and the medical requirements are very similar. The major difference is that SSI programs are largely based on financial need.
There is no minimum age to qualify for Social Security Disability Benefits. However, you must have work a long enough and recently enough under the Social Security guidelines to receive the benefits. The length of the work is based upon work credits, also known as quarters. You can earn up to four (4) work credits a year. The number of work credits you need to receive Social Security Benefits depends on your age when you become disabled. As a general rule, you will need twenty (20) credits earned in the last ten (10) years to be eligible for benefits. Some younger workers may qualify due to age.
In order to qualify for Social Security Disability, you must have a physical or mental health problem, or a combination or problems, severe enough to keep you from working in gainful employment for one year or a condition that could result in death. The standard is whether capable of doing any job in the national economy, not just the work you are currently performing. Whether your condition is severe enough is based on Social Securities list of disabling impairments, which can be seen here.
If you think you are disabled, you should apply for benefits as soon as possible. You do not have to wait 12 months to apply. You can fill out an application for benefits at a local Social Security office or by telephone. To find the office nearest to you call 1-800-772-1213. You should have a list of your doctors’ names, addresses and phone numbers prepared when you call. You should also have a work history prepared at that time.
If you are denied benefits, you should always appeal. If you are denied after your initial decision, you can request a reconsideration. If you are denied again, you can request a hearing before and Administrative Law Judge (ALJ). This is an official who will hear your case and evaluate the medical evidence independently from what was been done before. If you lose at the hearing, you can send your case to the Appeals Council. At this time, any new evidence can and will be considered. Finally, if you are denied by the Appeals Council, you can file a lawsuit in Federal Court. Your lawyer and the government’s lawyer will file briefs for the Court to consider and you will probably not appear before the Court. At this stage, the Court will either agree with Social Security’s decision, send it back for Social Security to review again or award you benefits.
It is important to have representation throughout this process. If you hire an attorney, he or she can gather evidence, analyze your case under Social Security regulations, contact your doctor to obtain reports and opinions, help you prepare for your hearing, and protect your rights throughout the appeal process. If you are successful, your attorney is entitled to 25% of any past due benefits you receive or $5,300.00, whichever amount is less. You may also have to pay any out-of-pocket expenses, such as charges for requesting medical records. You should contact an attorney as soon as possible, preferably as soon as your initial application is denied.