If you are disabled, and unable to work, you may qualify for Social Security Disability, or SSD. Applying for SSD is a long and complicated process; however, if you are ultimately approved it will provide monthly income, as well as qualify you for other benefits, for as long as your disability persists. A high percentage of SSD applications are initially denied, although you do have a right to appeal a denial. Given the complexity of the application process, and the importance of being approved, retaining the services of an experienced Social Security Disability attorney is strongly advised.
Social Security Disability requires two basic tests to be met in order to be eligible to receive benefits. First, you must have earned sufficient wages during the relevant time period in order to be considered for benefits. Second, you must have a qualifying medical condition that meets the Social Security Administration's definition of disabled.
The number of credits required to qualify for the work test component of the application process depends on a number of factors and is subject to change each year. In general, you need 40 credits of work to qualify, but when you must have earned those credits and the amount of earnings needed to equal a credit depends on your age and when you apply.
To meet the SSA's definition of disabled, you have to have a medical condition that lasted, or is expected to last, for a minimum of one year, or is expected to end in death. In addition, you must not be able to do the work you did before, and not be able to adjust to new work as a result of the medical condition. There are a number of conditions that presumptively qualify for Social Security Disability; however, this is not an exhaustive list and simply having a condition on the list will not, alone, guarantee approval of your application.
The application process for Social Security Disability is lengthy -- often taking six months or longer for an initial approval or denial. If you are denied and need to appeal the denial, you must do so within a specified time period or you will lose your right to appeal. If you are ultimately approved, you will receive a monthly monetary benefit that is based on various factors including your previous earnings record. You may also be entitled to retroactive benefits.
If you are disabled and unable to work, Social Security Disability may be a lifeline for you and your family. Retaining the services of an experienced Social Security Disability attorney early on in the process will ensure that you have the best chance possible to receive the benefits to which you are entitled.
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