Practice Areas: Auto Accident, Disability, Employment, Personal Injury, Sexual Harassment, Social Security Disability, Wrongful Death
According to the Centers for Disease Control and Prevention, 1 out of 5 Americans have reported to having some level of disability. There are roughly more than 50 million citizens who live with a disability – 35 million of whom have a severe disability. Given the large number of disabled Americans whose livelihoods are impaired by their physical or mental handicap, it is hard for most applicants’ claims for disability compensation or benefits to get approved.
Under the Social Security Administration, there are two disability compensation programs that help ease the burden of such disabled citizens. Here is an overview of both programs to help give you an idea on how to file a winning claim.
This program provides benefits to disabled workers and in some instances, dependents such as disabled children if they have worked long enough and have paid Social Security taxes to earn “credits”. Credits are based on the amount of the applicant’s earnings. In 2010, the worker earns 1 credit for $1,120 earnings and up to four credits can be earned every year. Aside from accumulating enough credits, your disability and medical condition must meet the SSA’s definition of disability. Unless you cannot do the work you did before, or adjust to any other work because of your medical condition and that such has lasted for at least one year or result to death, you will not be considered disabled.
Unlike the SSDI which is based on the worker’s earnings, this is funded by general tax revenues thus any person who is aged or disabled with little to no income may be eligible to receive such assistance. To be considered disabled under the SSI, the individual must have a medically determinable physical or mental impairment that would result to inability to do any substantial gainful activity or which can result to death or last for 12 months. Children who are disabled may also receive SSI benefits so long as they have severe functional limitations which last for not less than 12 months or end in death.
Studies from the SSA show that a 20-year old worker has a 3-in-10 chance of becoming disabled before reaching retirement age, thus more and more people are likely to apply for disability compensation. For assistance in your claim, talk to a social security disability lawyer. You would be surprised to know just how much more likely your case is to win when handled by a professional.
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