Disability Claim Information
If you are disabled and cannot work to support yourself, you may consider applying for the government benefit SSI (Social Security Income) or SSDI (Social Security Disability Income). These programs assist individuals by helping provide medical and basic living supports. The application process is somewhat lengthy, and attention to detail and medical documentation is necessary for a favorable outcome. Some individuals opt for hiring an attorney specializing in disability law to make an application in their stead.
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Who Qualifies for a Disability Claim?
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There are two tests individuals must take to determine whether they qualify for a disability claim. The first is called a "recent work" test and is based on an individual's age at the time he or she suffered the illness or injury resulting in disability. The second is known as the "duration of work" test. This test determines if the individual worked long enough prior to the disability to qualify for benefits. Social Security benefits can be provided to individuals who have acquired an injury or illness that is expected to last for one year or more, or is expected to result in death.
When To Apply
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The Social Security Administration suggests applying for benefits as soon as you become disabled. Application forms are readily available on the Internet or at local branches of the Social Security Administration. If you need assistance filling out forms, many local rehabilitation centers offer free counseling services or referrals for free or low-cost assistance. Filing immediately after your doctor determines you are unable to work to support yourself and your family due to your disability is key.
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How Disability is Determined
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Income is the first factor in determining disability. If an individual is earning $1,000 or more a month, he or she cannot be considered disabled. A disability must be classified as severe by a doctor, meaning the condition interferes with the individual's ability to function, care for him or herself, or to work to support him or herself. An individual's impairment may be medical, psychiatric or psychological.
Representation
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According to Social Security benefit statistics, individuals who apply for benefits with the representation of an attorney have a better chance of success. Some attorneys will agree to take a disability case "pro bono" or at no charge to assist the disabled person, while others may charge a nominal fee for their services. Receipt of disability benefits is not considered a "right," and many individuals are denied benefits the first time around, and must appeal a negative decision.
Free Tools and Services
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Use all the free tools and services available to you when making your disability claim. There are several worksheets and checklists available via the Social Security Administration available either online or in local branch offices. Work with medical personnel, social workers, local Department of Human Services, health departments and rehabilitation centers to gather as much information as you can to make your case. The more documentation you have regarding your condition and ability to work, the better. Keep a positive attitude, and follow all application processes to the letter to insure success.
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References
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