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Selecting a Disability attorney for your legal case is a very important decision. Please enter a zip code to find a Disability Lawyer that serves your area:
Selecting a Disability attorney for your legal case is a very important decision. Please enter a zip code to find a Disability Lawyer that serves your area:
Disabled Worker - When you work for a living, Social Security taxes (FICA) are withheld from your paycheck just like federal and state taxes are withheld. You are only eligible for Disability Insurance Benefits if you have paid a certain amount of Social Security tax over a period of time. For a person over 30 years of age to be insured for Disability Insurance Benefits, the person must have paid FICA in at least twenty calendar quarters during the forty calendar quarters immediately before your total disability began. In other words, you must have worked and paid Social Security tax for five out of the last ten years before you became totally disabled. Worker's who become disabled before age 31 need fewer quarters. Currently, (year 2000) one must pay taxes on $780 of earnings a quarter to earn a quarter of coverage. Thus a person who earns and pays taxes on $3,120 in the year 2000 has 4 quarters credited to their account. The amount necessary for a quarter of coverage increases virtually every year.
A person must prove that he or she became disabled while disability insurance coverage was in force or you are not entitled to Disability Insurance Benefits, no matter how serious the medical condition is now.
Moral of the story is to apply as soon as you can no longer work, if you feel the disability will last at least 12 months.
If your Disability Insurance Benefits claim is approved, the monthly payment you will receive is set by your earnings (and Social Security tax payments) during your working career. There is no minimum rate. The maximum a person can receive at this time is $1,433 per month. The Medicare card is available to the disabled worker 24 months after the worker becomes ELIGIBLE to receive benefits.
Dependent children - under the age of 18 of a disabled worker are also entitled to receive benefits but do not receive the Medicare card.
Disabled Widow/Widower Benefits (DWB) - This is a special disability benefit for certain widows and widowers, based on the Social Security tax paid by his or her deceased spouse. In order to qualify, you must be between the ages of 50 and 60, and have been married for at least 10 years to the person who was covered under Social Security at the time of his or her death. Also, you must have proof that your disability was severe enough to meet these rules within seven years of your spouse's death, with some exceptions for those already receiving other kinds of Social Security benefits. If you are awarded DWB benefits, your monthly rate is determined by your spouse's income and Social Security tax payments. However, a surviving spouse's pension can usually be paid at the age of 60 regardless of any disability.
Disabled Adult Child Benefits (DAC) - To be eligible, you must be an unmarried child of a person already receiving Disability Insurance Benefits or Retirement Benefits, or who died while covered for Social Security. You must be at least 18 years old, and you must prove your total disability began before the month you turned age 22, and is continuing. The monthly benefit rate is based on a percentage of the parent's rate.
Disability Insurance Benefits & Social Security - When you work for a living, Social Security taxes (FICA) are withheld from your paycheck just like federal and state taxes are withheld. You are only eligible for Disability Insurance Benefits if you have paid a certain amount of Social Security tax over a period of time.
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Did you know that often times, SSI or disability offices will initially deny claims to those who would otherwise qualify, in order to reduce costs? While this practice has been reduced, it is still occurring. If you or someone you know has been denied disability, consult with a disability lawyer to find out your legal options.