Practice Areas: Auto Accident, Disability, Employment, Personal Injury, Sexual Harassment, Social Security Disability, Wrongful Death
Disabled individuals are entitled to benefits provided that Social Security disability insurance qualifications are met by them. The claimant must be disabled as defined by the Social Security Administration. Under the rule, the claimant must not have performed any substantial gainful activity.
Substantial gainful activity (SGA) means "any significant activity, physical or mental, which is performed for remuneration or profit over a reasonable period of time." In addition, the claimant cannot engage in any other kind of SGA considering the age, education and work experience.
Aside from meeting SSA’s definition of disability, other qualifications must be met in order to get SSDI benefits.
The claimant must not be engaged in any subsequent gainful activity for at least 12 months. Further, the claimant must have worked for a certain amount within a certain period of time to qualify with the benefits. The time and work credits are based on the total annual wages or self-employment income and the age of disability.
Usually, a claimant needs forty credits with twenty credits earned in the last ten years following the year of disability.
The claimant must show that he has worked and paid FICA taxes for specific period to be eligible for SSDI. When an individual works and earns at least $1,120 for one quarter and at the same time pays FICA taxes, a SSDI “work credit” is earned. Within a twelve-month period, a total of four work credits are earned.
In addition, special benefits are also given to the disabled widows and widowers. Benefits are paid to people who have reached 50 years of age and who become disabled within a certain amount of time following the death of their wife or husband. To qualify, the deceased wife or husband must have worked within a required time.
Further, SSA also provides for a special benefit called disabled adult child benefit. This benefit goes to the children of individuals who are deceased or who are getting Social Security disability benefits and who are disabled before the age of twenty-two.
Claimants are only entitled to the benefits if all the foregoing requirements are met. To determine whether one is qualified or not, a Social Security disability attorney may be consulted.
From the author: California Social Security and Disability Law FirmThe content of this website is provided for informational purposes only, and should not be construed as legal advice. Always consult with an attorney regarding any legal issues. If you live in Alabama, Florida, Missouri, New York or Wyoming, please click here for additional information.
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