Any physical, mental, or developmental condition that limits you from doing certain tasks and activities is considered a disability. It might be an injury or illness that you may have gotten since birth or from any job-related accident. Having a disability prevents you from living your life the way you used to; however, this is not an excuse for you to stop trying. There are still several ways to enjoy your daily life amidst the disability.
The government, through the United States Social Security Administration, provides financial assistance programs for disabled persons who are unable to work and earn a living. With the legal help of a qualified Kentucky disability attorney, you may prepare and fill out the documents and paperwork to begin the disability claims application process.
This article will answer the following questions related to Social Security Disability Insurance Benefits:
- How does Social Security Disability work?
- What are the eligibility requirements?
- How many work credits do I need to have to qualify?
- Who is qualified to apply?
- How to Get an Approval for Disability Benefits?
How does Social Security Disability work?
Social Security offers a program called the Social Security disability insurance (SSDI) or the “worker’s disability”, that provides financial assistance in the form of monthly compensation to disabled persons who are unable to work and who are below the retirement age.
What are the eligibility requirements?
The Social Security disability insurance program has certain requirements that you need to meet before you qualify. If you wish to apply for Social Security disability insurance, you need to have work experience for a certain period or a specific number of years in an occupation where you have paid your Social Security taxes (FICA). In case you have low monthly income and acquired assets or you’re not able to work for a long time due to your disability, you may try applying for the Supplemental Security Income (SSI) program instead. A credible Kentucky social disability attorney can help you prepare the requirements and ensure your eligibility.
How many work credits do I need to have to qualify?
You are required to have a specific number of work credits to become eligible for the SSDI program. In a year, you may earn a maximum of four credits. This number is determined depending on your age when you became disabled. For instance, when you were disabled at the age of 50, you are expected to have a work experience of at least seven years or you must have earned 28 work credits.
Who is qualified to apply?
The Social Security Administration checks if the applicant is considered medically disabled. You must have an existing medical condition under the disability criteria. The benefits of the SSDI program are given mostly for medically qualified people with long-term, severe, or total disability.
According to SSA, long-term disability indicates that your medical condition is anticipated to last or has lasted for at least a year. When we say severe, we refer to the condition that interferes with your basic work-related tasks and activities. Total disability means that you’re unable to perform any substantial gainful activity or the SGA, for not less than a year. If you’re presently working and earning a certain monthly income amount ($2,190 for a blind applicant and $1,[;310 for a disabled applicant), the Social Security Administration will conclude that you’re able to perform substantial gainful activities and that you’re not considered as disabled enough to be eligible for SSI disability benefits.
How to Get an Approval for Disability Benefits?
SSDI has a waiting period of five months before releasing benefits. Even after receiving the approval for your disability benefits, you will not immediately receive them yet until you are disabled for five full months.
Most likely, you won’t be able to receive approval within six months to one year (or even after the first level of appeal). In this scenario, once you received that approval, you will be given disability back pay on the sixth month from your disability onset date or the date your disability began.
After receiving your disability back-pay, you can get your benefit check per month. If your monthly household income exceeds a specific amount, you need to pay the necessary taxes relevant to your SSDI benefits. Your qualifying members of the family can also be entitled to a partial benefit every month.
You can continuously receive SSDI benefits provided that your existing medical conditions hinder you from getting a job and earning a living. The Social Security Administration will conduct a continuing disability review or CRD on your case every one to three calendar years to confirm if your medical condition or disability has changed or improved.
What happens if my disability benefits are denied?
In case your SSDI application is rejected or denied, which commonly happens for first-time applicants. You have the right to appeal the initial decision. You need to ask for a reassessment or review of the rejection or denial within sixty days from the date that you have received the letter of denial. To begin the appeal process, you need to submit a Request for Reconsideration and an assessment of your disability file to be conducted by a new disability claims examiner. If you will be rejected for the second time, you can file another appeal by asking for a hearing facilitated by an administrative law judge from the Social Security Administration.
Disability Lawyer in Kentucky
Having a disability can be life-changing. It causes a lot of difficulties and hardships in your daily life. You will not be able to do things the way you used to. You need to be strong enough to cope up with the changes in your routine and lifestyle. Aside from the support system that you can get from your family and loved ones, the disability insurance benefits from Social Security can help you financially. Since you are unable to work, the SSDI benefits can offer you financial assistance. For legal assistance in filing for disability benefits claim, do not hesitate to consult our experienced Kentucky disability lawyers at Farmer & Wright, PLLC. We will help you prepare and submit your application to ensure higher chances of approval.