Social Security Disability
Click to hear the audio versionOverview of Social Security
The Social Security Act and related laws have established a number of programs whose basic objectives include providing for the material needs of individuals and families, protecting the aged or disabled against expenses of illness that would otherwise exhaust their savings, keeping families together, and giving children the opportunity to grow up healthy and secure. Retirement, survivors, and disability insurance benefits are paid under a social insurance program administered by the Social Security Administration. A person must file an application for benefits and he or she must meet certain eligibility requirements. The payments made under this program are commonly known as social security benefits. They are usually paid monthly by check. Monthly social security disability benefits can be paid to many categories of people. Just three of the different categories of people are as follows. One, a disabled insured worker under the age of 65. Two, a person who is disabled and meets certain criteria. This is called SSI. And three, the spouse of a retired or disabled worker entitled to benefits who is age 62 or over.
Filing a Claim
An application must be filed with the local Social Security office for a person to become entitled to benefits, including Medicare, or to establish a period of disability under the Retirement Survivors and Disability Insurance Programs. The office will have specific forms to be filled out. Once the form is filed, it becomes the property of the Social Security Administration and will not be returned to the claimant. An application for monthly retirement, survivors, or disability insurance benefits may be filed before the first month for which a person is entitled. A worker should get in touch with a Social Security office two or three months before reaching age 62. Prompt filing of an application is considered advantageous because of the possibility of delay. A delay may result in fewer payments because under some circumstances, monthly benefits cannot be paid retroactively. An application for benefits is considered to be filed as of the day a properly completed application form is received by a Social Security office, authorized employee there, or there are offices such as the Railroad Retirement Board, which have the authority to accept applications. However, to protect the claimant's right to benefits, the mailing date of the application may be used, provided the use of the United States postmark on the envelope would be more advantageous to him or her. Each application is clearly worded to show the scope of its use as an application for one or more types of benefits. The claimant should answer all questions on the application. If the claimant does not know the answer to a question, he or she should write in, unknown. If the claimant does not answer a question that is considered necessary to establish the claimant's right to benefits, no award can be made. If the claimant needs help in completing the application, any Social Security office will provide assistance free of charge. If poor health or distance precludes a claimant from traveling to the nearest office, the claimant can get information and forms by writing or calling that office. The toll-free number for Social Security information is 1-800-772-1213.
Survivorship Benefits
The survivorship provision of the Social Security Act covers more classes of beneficiaries than any other provision. The benefits payable are based on the earning record of a deceased wage earner who, at the time of his or her death, had sufficient quarters of coverage.
The categories of benefits payable on a survivorship account are as follows:
- Benefits.
- Widower's insurance benefits.
- Child's insurance benefits.
- Mother's insurance benefits.
- Parent's insurance benefits.
The appropriate surviving relative may be entitled to a lump sum payment. Survivor's benefits rates are figured as a percentage of the deceased worker's primary insurance amount. If the worker was insured under the Railroad Retirement Act, survivor's benefits may be payable under that Act, rather than the Social Security Act. Any person convicted of felonious and intentional homicide of the worker cannot become entitled to monthly benefits or the lump sum death payment payable on the deceased's Social Security earnings record. Likewise, a minor may be denied survivor's benefits on the earnings record of a parent if the minor is convicted of intentionally causing the parent's death by an act that would be considered a felony if committed by an adult. A claimant is entitled to widow or widower insurance benefits on the worker's Social Security record if, for example, 1. The claimant is age 50 or over and is at least age 50 but not age 60 and is deemed disabled. 2. The worker died fully insured. 3. The claimant is not entitled to retirement insurance benefits of her own that are equal to or larger than the worker's primary insurance amount. A child's survivorship insurance benefits ends when 1. The child dies. 2. The child reaches age 18 and is neither under a disability nor a full-time student. 3. The child marries.
Representation at Hearing Level
A disability claimant, applicant, represented by an attorney at the hearing level is twice as likely to be approved as an unrepresented claimant. Although you are not required to hire an attorney to represent you at your disability hearing, an experienced disability attorney will greatly help your chances of winning your claim. Hire an experienced attorney representing claimants at Social Security disability hearings in front of an administrative law judge. Corey A. DeLellis, attorney at law, is the experienced attorney you need to help win your claim.
Disability Benefits
When claimed for purposes of entitlement to disabled workers' benefits, a disability is defined as the following. The inability to engage in any substantial gainful activity by reason of medically determinable physical or mental impairment, which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. A person must not only be unable to do his or her previous work with comparable wages and utilization of capacities, but also cannot, considering age, education and work experience, engage in any other kind of substantial gainful work which exists in the national economy. It is important to note the 12-month period mentioned earlier. It does not refer to the amount of time a worker needs to have been out of work. Rather, it refers to the continuous length of time the disability itself has lasted or is expected to last. When a worker applies for disability benefits, a determination as to whether he is disabled must be made. In general, disability determinations, including the beginning and ending dates of period of disability, will be made by the local social security district office. If you have filed an application and have been denied, do not become discouraged as the majority of claimants are denied initially. The denial may be appealed by filing a request for reconsideration or a request for a hearing before an administrative law judge. However, there are time requirements that must be met in filing this appeal. If you are interested in appealing your denial, please do not wait as the delay may cause you to lose your opportunity to obtain benefits.
Social Security Disability Appeal
Social Security wants to be sure that every decision made about your disability or Supplemental Security Income, SSI, application is correct. Social Security will carefully consider all the information in your case before making any decisions that affect your eligibility or your benefit amount. When Social Security makes a decision on your claim, they will send you a letter explaining the decision. If you do not agree with their decision, you can't appeal. That is, ask Social Security to look at your case again. When you ask for an appeal, Social Security will look at the entire decision, even those parts that were in your favor. If Social Security's decision was wrong, they will change it. When and how can you appeal? If you were recently denied Social Security benefits for medical or non-medical reasons, you may request an appeal. Your request must be in writing and received within 60 days of the date you received the letter containing Social Security's decision. Hire an experienced attorney representing claimants at Social Security Disability Appeals. Corey A. DeLellis, Attorney at Law, is the experienced attorney you need for a successful appeal.
