When a person is disabled and unable to work, there are a variety of private, state, and federal programs that may offer financial assistance. When an employee is injured on the job, for example, the workers’ compensation system provides replacement income, medical expenses, and sometimes vocational rehabilitation benefits. When an individual is unable to work permanently (or for a period greater than one year), the federal Social Security Disability program may provide long-term benefits.
Because the cost of the benefits provided by Social Security Disability is relatively high, qualifying for them is complex and can be quite difficult. It is not uncommon for an individual seeking Social Security Disability benefits to have his or her application denied.
This is not necessarily the end of the process. If you are denied Social Security Disability benefits, you may apply for an administrative hearing. Those hearings include a review of your medical records and may require you to give testimony. The Social Security Disability lawyers of Munley, Munley, & Cartwright, P.C., have the experience and expertise to help you with this process.
There are two separate benefit programs that pay Social Security Disability benefits: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). The eligibility requirements for each are quite different. SSDI is available for individuals who have worked in recent years and are now disabled.
SSI does not consider whether the individual has worked in the past. Eligibility for SSI disability benefit payments is solely based on financial need.
To be eligible for SSDI, you must be totally disabled. Your disability must prevent you from doing any "substantial gainful work” and must be expected to last at least twelve months or to result in death. Additionally, qualification is based on your having earned wages and having paid into the Social Security system in at least 20 of the last 40 quarters. The amount of the payment provided under Social Security Disability is based upon an employee’s income while they were able to work. (There may also be an annual cost of living adjustment if the benefits are collected over a long period of time). If the disability is a total and permanent condition, an individual can collect Social Security Disability benefits until they reach age 65, at which time the benefits convert to Social Security Retirement benefits.
The Social Security Disability program also allows benefits for adult children as well as widows or widowers. Like SSDI benefits for injured workers, these benefits are awarded based on a review of Social Security earnings and are not affected by financial status. Disabled Adult Child Benefits are for the children (disabled before age 22) of persons who are deceased or who are drawing Social Security Disability or retirement benefits. Disabled Widow's and Widower's Benefits provide financial assistance to individuals who are at least 50 years old and become disabled within a certain amount of time after the death of their spouse who has paid into the Social Security system.
If you have questions about applying for Social Security Disability, or if you feel that your application has been unfairly denied, you should seek legal counsel. The Pennsylvania law firm of Munley, Munley, & Cartwright, P.C., is ready and able to assist you. Our goal is to provide exceptional legal services to our clients. We strive to achieve the highest standard of excellence for the protection of individual rights through teamwork and the use of our considerable resources and experience. Please contact us at 1-800-318-LAW1 or through our online form for a free assessment of your case.
