Proving You Need SSD Benefits
Depending upon the facts of your case, You, your kids, and/or your spouse may be eligible for a range of disability benefits under the Social Security Act.
If you suffer from a disability and are unable to work, you may be eligible for Social Security disability benefits that include:
- Social Security Disability benefits
- Supplemental Security Income or SSI
- Widow/Widower’s benefits
- Retirement Benefits
- Medicare/Medicaid benefits
- Children and Dependent’s benefits
The type of benefits to which you may be entitled depends upon your income and how long you have worked.
Social Security Disability benefits (Title II) are available to:
- workers who have worked 60 of the last 120 months of work.
- Disabled spouses, widows and widowers of Social Security wage earners may also qualify.
Supplemental Security Income (SSI or Title XVI)
SSI (Supplemental Security Income) provides disability benefits for those unable to work who meet certain income restrictions regardless of how long they were able to work.
Under the Supplemental Security Income program, the government provides payments to an adult or child who is disabled and has limited income and resources. SSI provides money so that you can meet your basic needs such as shelter, food, and clothing. SSI benefits are only paid to the individual, and cannot be transferred or provided to a family member or survivor.
The amount of SSI benefits that you will receive depends upon your income and how many people you have in your household.
SSI benefits are based upon need. If you win SSI benefits, you will also be eligible for food stamps and Medicaid.
Standard of Proof
The standard of disability that must be shown is the same for both programs.
You must have a physical or mental problem (or a combination of problems) severe enough to prevent you from working in any regular paying job (“substantial gainful activity”) for at least 12 months.
Disability due to drug or alcohol addiction is not covered, but certain physical or mental conditions as a result of a prior addiction may be covered.
In determining disability, the test is not whether you would be offered a job, but whether there are jobs which you could perform. For those over 55 years old, new regulations allow a more realistic look at age, education, and experience in making this analysis.
Winning Social Security Disability Benefits:
Social Security disability beneficiaries receive two primary benefits:
- a monthly social security check and
- medical benefits.
The amount of your monthly social security check is determined by a formula that takes into account the amount paid into Social Security and the length of time of employment.
Call for a FREE Social Security Disability Consultation
If you are approved for social security benefits, members of your family may also qualify for benefits under certain circumstances. Contact the Social Security Lawyers at the Strom Law Firm today for a free consultation to discuss the facts surrounding your claim for Social Security benefits. 803.252.4800