Understanding Social Security Disability Benefits: A Comprehensive Guide
Navigating the Social Security Disability (SSD) benefits system is often complex and overwhelming, especially for people dealing with serious disabilities. If you or a loved one are unable to work due to a disability, understanding your rights and the application process is crucial. This guide walks you through the essential aspects of SSD benefits, helping you better understand what to expect.
Years of budget cuts have drained money from the system. Therefore, applicants must fight harder to receive a fair-sized piece of a shrinking financial pie. A Tampa Social Security Disability lawyer is an essential partner in this process. A lawyer does most of the legwork, such as connecting applicants with doctors to establish the necessary medical records. Once a lawyer builds a strong case, an attorney advocates for you until the SSA awards maximum benefits.
What is Social Security Disability?
Social Security Disability (SSD) is a federal program designed to provide financial assistance to individuals who are unable to work due to a qualifying disability. Administered by the Social Security Administration (SSA), SSD is funded through payroll taxes and is available to those who have accumulated enough work credits.
SSD benefits usually include monthly cash and Medicaid membership. The average cash benefits are life-changing in every sense of that phrase. A waiting period may apply before SSD recipients can use their Medicaid benefits.
Who Qualifies for SSD Benefits?
The SSA uses a very specific definition of “disability.” To qualify for SSD benefits, an individual must meet the following criteria:
- Qualifying Medical Condition: If the applicant has a listed condition, a benefits presumption applies. If the applicant has a non-listed condition, a Tampa Social Security Disability lawyer can still obtain benefits, but the case is more complex.
- Inability to Perform SGA: Basically, substantial gainful activity is the ability to work and earn enough money to live above the poverty line. Additionally, that work must be in an unsheltered environment (e.g. not a family business).
- Severity: The disability must be expected to last at least 12 months or result in death. In nonfatal disability matters, the SSA usually orders redetermination proceedings once every twelve months, to determine if the applicant still qualifies.
- Sufficient Work Credits: Usually based on age and employment history, the applicant must have worked and paid a sufficient amount of money into the system. Exceptions apply if the applicant is under 18.
The SSA uses a strict definition of disability, requiring that an individual be completely unable to perform their previous work or adjust to new work due to their medical condition.
The Review Process
After an applicant files necessary paperwork, either in person, by phone, or online, and gathers necessary documents, mostly medical records, a Disability Determination Services officer reviews the file. DDS officers normally deny claims, normally citing:
- Lack of evidence,
- Earning too much money,
- Failing to follow medical protocols, and/or
- Lack of work credits.
Applicants have the right to appeal and request a hearing if their claim is rejected. Most SSD claims settle out of court between the DDS denial and an Administrative Law Judge review hearing.
Connect With a Diligent Hillsborough County Lawyer
Injury victims are entitled to important financial benefits. For a confidential consultation with an experienced Social Security Disability lawyer in Tampa, contact Kobal Law. We routinely handle matters throughout the Sunshine State.
Source:
ssa.gov/redbook/eng/definedisability.htm?tl=0
