To qualify for Social Security disability benefits, you must first have enough Social Security “credits.” The number of credits you need may depend on how old you are and how recently you earned credits. Generally, if you have worked five out of the ten years prior to becoming disabled, you will qualify for SSDI. For SSI, however, you do not need to fulfill this requirement.
In addition to credits, you must have an injury or disability that is expected by medical professionals to last for at least one year or result in your death, and you must not be engaged in substantial gainful activity. If you are not working on a “substantial” basis, have sufficient credits, and have a “severe” condition, the Agency will then look at whether you are “disabled” under the Act. One way to be found disabled is to meet or equal a “listing.”
Each state agency that evaluates your case has a List of Impairments, which can automatically qualify you for disability payments so long as you are not engaged in substantial gainful activity. However, meeting a “listing” can be very difficult, and proper medical documentation is required. A good understanding of the listings is essential for anyone representing disabled individuals.
Most individuals do not qualify under the “listings” and as a result, it must be determined whether the disabled person is able to perform his/her past relevant work, and is unable to perform any other work as dictated by the guidelines found in the Act. An experienced attorney can help formulate the proper arguments to increase the chances of a fully favorable decision.
It is important to remember that Social Security disability requirements are different than the requirements for many other private plans, and even from other government programs. Just because you qualify for disability from another program does not necessarily mean that you will qualify for Social Security disability benefits. While a note from a doctor, lists of medications, hospital records and test results will help Social Security process your claim, none of those are a guarantee that the claim will be accepted. Many legitimate claims for Social Security disability are denied.
It’s important to consult and talk with a Tennessee Social Security disability attorney or Georgia Social Security disability attorney. If you need help applying for Social Security disability benefits or appealing an unfavorable decision, contact us by filling out the online form on the right side of the screen, or call at 1-800-346-7765.
There are several types of Social Security disability benefits, including SSD (or SSDI), SSI, widow benefits, child benefits, and dependent benefits, to name but a few. The kind and amount of benefits available changes from person to person and is dependent on many factors. Benefits are generally paid on a monthly basis, and can be made via direct deposit. You may also qualify for Medicare and/or Medicaid if you are found “disabled” under the Act.
Many people are confused by the acronyms SSI (Supplemental Security Income) and SSD (Social Security Disability). While Social Security Disability is a term mentioned frequently, it is very different from Supplemental Security Income, and it is important to recognize and understand these differences. SSI is a program that operates within the Social Security umbrella, but it is not directly funded by Social Security taxes. It is a needs based program funded by the general fund of the United States Treasury. For people with few resources and a limited or no work history, the Supplemental Security Income (SSI) program provides disability benefits regardless of credits. The qualifications for SSI are different than the Social Security disability requirements. To receive SSI, you must first be older than 65, blind, or disabled. You must also give a full accounting of your finances, including stocks and bonds, bank accounts, and your income information. All of these factors are crucial to whether or not you are eligible for SSI. An experienced Social Security disability attorney understands the differences between SSD and SSI and can handle both types of cases. Talk to an experienced Tennessee Social Security disability attorney or Georgia Social Security disability attorney to assist you in obtaining benefits.
The rules and regulations governing Social Security are very complicated and confusing. Studies have shown that those individuals with a lawyer have a better chance of success than those who do not obtain representation. At The Hamilton Firm, we have helped many deserving clients obtain the benefits they deserve. Every case is different, but we have been able to obtain Social Security benefits for more than 90% of our clients. When it comes to matters of law and matters of dispute, it is always better to have a licensed and experienced attorney to help you make your case.
If you have questions about Social Security disability benefits, or if you are unsure about Social Security disability requirements, fill out the online form on the right side of your screen or call 1-800-346-7765. You can also stop by The Hamilton Firm at 2401 Broad Street in Chattanooga, Tennessee. The consultation is free and confidential. If you need a Tennessee Social Security disability attorney or a Georgia Social Security disability attorney, The Hamilton Firm can help you.