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SOCIAL
SECURITY: AREAS OF PRACTICE
What Benefits Are Available To Me If I Am No Longer
Able To Work?
SSDI provides benefits to disabled or blind individuals
who are "insured" by workers' contributions to the Social Security trust
fund. These contributions are based on your earnings (or those of your
spouse or parents) as required by the Federal Insurance Contributions Act
(FICA). Title II of the Social Security Act authorizes SSDI benefits. SSDI
monthly benefit amounts are based on your earnings history.
The SSI program makes cash assistance payments to aged,
blind, and disabled individuals (including children) who have limited income
and resources and do not qualify for SSDI benefits. The Federal Government
funds SSI from general tax revenues. Many states pay a supplemental benefit
to individuals in addition to their Federal benefits. SSI monthly benefit
amounts are set by Congress.
How Do I Make Application For Social Security
Disability or SSI Benefits?
Telephone the
Social Security Administration at 1 800-772-1213 to either set up an in
office application process or have your application taken over the phone.
In both cases an appointment will be scheduled for you to either go to the
nearest SSA office to apply in person or an approximate time will be set for
SSA to call and take your application over the phone.
How should
I answer SSA’s questions when they interview or call me for my initial
application?
You should
give them all the information they ask for in a truthful and straight
forward way. Do not exaggerate or minimize your problems. It may help to
have a list of all your medical treatment providers so that you can give SSA
that information.
Do I need
an attorney for my initial application?
No. SSA makes
this part of the process quite easy and attorney’s are not allowed to make
your initial application.
How Does
Social Security Define Disability?
The inability
to engage in any substantial gainful activity (SGA) because of a medically
determinable physical or mental impairment(s):
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That is
expected to result in death, or
-
That has
lasted or is expected to last for a continuous period of not less than
12 months.
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What
is Substantial Gainful Activity (SGA)?
The term
“substantial gainful activity” is used to describe a level of work activity
and earnings. Work is “substantial” if it involves doing significant
physical or mental activities, or a combination of both. For work activity
to be substantial, it does not need to be performed on a full-time basis.
Work activity performed on a part-time basis may also be substantial gainful
activity.
“Gainful” work
activity is: Work performed for pay or profit; or Work of a nature generally
performed for pay or profit; or Work intended for profit, whether or not a
profit is realized.
How
does Social Security evaluate your work activity for SGA purposes?
SSA generally
uses earnings guidelines to evaluate whether your work activity is
SGA, and whether SSA may consider you disabled under the law.
The amount of
monthly earnings considered as SGA depends on the nature of a person’s
disability. The Social Security Act specifies a higher SGA amount for
statutorily blind individuals. If your impairment is anything other than
blindness, earnings averaging over $980 a month (for the year 2009)
generally demonstrate SGA. If you are blind, earnings averaging over $1640 a
month (for the year 2009) generally demonstrate SGA for SSDI.
What if my application is denied after I make initial
application?
You have 60 days to appeal SSA’s decision.
The typical next step in the appeal process is a reconsideration. SSA will
tell you about appealing in your denial letter. Once you are initially
denied you may hire an attorney to represent you. It is a good idea to file
your appeal even if you think you may use an attorney to insure it is timely
done.
You may contact our
office for case evaluation and possible representation. |