Social Security Disability

Social Security Disability Insurance ( SSDI ) is a benefit available to injured, disabled or blind individuals who have worked and paid into the system. If you are working and paying taxes, your wages are being deducted to contribute to this pooled insurance plan in case you become disabled and can no longer work. Or, more accurately, if you suffer a disability that has lasted longer than one year or will last longer than one year. 

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There are also requirements for the amount of time you need to work to qualify for SSDI. Each year is divided into four quarters. If you work enough time and pay enough taxes during a quarter, you earn a credit for that quarter. As the years tick by, you will acquire more and more credits. In order to qualify for SSDI (or "meet insured status") you must have earned 5 years worth of credits within the past 10 years. There are exceptions to this rule, so make sure you always consult with a lawyer. Please do not hesitate to call Andrew Silvia at 508-960-9686. 

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For example, let's assume I can't work anymore due to a disability. My disability began today. I would look at the last 10 years. For the last 10 years, I have been working all year, every year. So I have 10 years worth of quarters earned. I would be considered fully insured. I would qualify for benefits. However, keep in mind that the quarters will expire as time goes on. So in a year, I will have 9 years worth of credits in the last 10 years. I'm still fully insured. However, in 5 years, I will have exactly 5 years worth of credits. If my disability began before my 5th year anniversary of not working, I would still be fully insured and qualify for SSDI benefits. But, if my disability began after my 5th year anniversary of not working, then more than 5 years worth of credits would have expired and I would not have enough credits to qualify as fully insured. 

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This is why it is extremely important to pursue your benefits immediately, because your credits will expire with time. If you are disabled and can't work, call Andrew Silvia immediately: 508-960-9686.

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What Will You Need to Apply?

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You should apply as soon as you are eligible. Do not delay your application while you collect the documents. These can be supplemented later. 

1. A Social Security Number;

2. Proof of Age;

3. Proof of Citizenship or Alien Status;

4. Wage stubs or other proof of earnings;

5. Proof of resources, such as bank statements and vehicle registration;

6. Names and addresses of doctors and other medical professionals where treatment was received. 

7. Medications and other treatment. 

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Do I Qualify for Benefits?

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The first way you can qualify for SSDI or SSI benefits are by proving you are blind. To prove this, you will need to show central visual acuity of 20/200 or less in the better eye with corrective lenses, or a limitation in the field of vision so that the widest diameter of the visual field subtends an angle no greater than twenty degrees. 

 

If you are not blind, by SSA's standard, the next way to qualify for benefits is to prove you are disabled. 

 

"Disabled" is the inability to engage in substantial gainful activity (SGA) by reason of medically determinable physical or mental impairments that can be expected to last for a continuous period of not less than twelve months or result in death. The impairments must prevent you from working.

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There is a 5 step test to determine if you're disabled. 

 

Step 1:

Are you currently doing substantial gainful activity (SGA)? If yes, you are not disabled. If no, proceed to step 2.

 

Step 2:

Do you have a severe impairment? If no, you are not disabled. If yes, proceeds to step 3.

 

Step 3:

Do you have an impairment that meets or equals the severity of a listed impairment? If yes, you will receive benefits. If no, continue to step 4.

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Step 4:

Do you have the residual functional capacity (RFC) to do your past relevant work? If yes, you are not disabled. If no, proceed to step 5.

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Step 5:

Do you have the RFC to perform any other work that exists in significant numbers in the regional or national economy? What is your age, education, work history, and ability to communicate in English? If you have the RFC, you are not disabled. If you do not have the RFC, you will be awarded benefits.

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What if I am Denied?

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If you have been denied benefits, you will have a right to appeal. You must appeal the decision within 60 days from the date of receipt of the decision. The SSA assumes you received the decision five days after they mail it. That means, you will need to file your appeal within 65 days of the date of the decision. However, there are exceptions to this rule. You should call Andrew Silvia at 508-960-9686 immediately if you have been denied benefits. 

 

If you are denied benefits from your first application, your appeal is called a "Request for Reconsideration." A Reconsideration is the first step in the appeal process. Your claim will be reviewed again and a determination will be made. The decision will be mailed to you and the same rules for appeal will apply. However, this time, you will have the right to present your case to an Administrative Law Judge. You should always have a lawyer's help to best prepare and present your case to the Administrative Law Judge. 

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If your claim is still denied after a Hearing with the ALJ, you have a right to appeal the decision to the Appeals Council and then you can take your case to Federal Court in the United States District Court. 

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Dependents and Survivors of Wage Earners

 If you are a Dependent or a Survivor of a "wage earner" who passed away, you may be entitled to receive Social Security Disability benefits based on their earnings. If your family member worked long enough to earn the required credits and you are one of the following individuals, you should Call Andrew Silvia at 508-960-9686 right away. 

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Dependents and Survivors who may be eligible:

 

1. If you are a Mother or Father caring for a dependent child of the wage earner and the child is under sixteen or is disabled, you may qualify. 

 

2. If you are a spouse, a divorced spouse, a widow or widower you may qualify. There are additional requirements for these categories, so you should Call Andrew Silvia at 508-960-9686 to see if he can help. 

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3. Disabled adult children also qualify. You may qualify if you are an adult child of a wage earner 18 years old or older, met the adult disability standard prior to age 22. You must not be married, unless you marry another individual receiving SSDI benefits. 

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4. You may qualify if you are an unmarried dependent child of a wage earner. The right to these benefits would stop at the age of 18, unless they meet certain requirements such as attending full-time secondary education. 

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5. If you are a parent of a deceased wage earner, you may also qualify. 

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What if You Are Not a Citizen?

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You do not need to be a citizen to qualify for SSDI benefits as long as you are "lawfully present." Lawfully Present means an alien who has been inspected and admitted to the United States and who has not violated the terms of the status. Here are examples of those who are included as "lawfully present:"

1. Legal Permanent Resident Aliens;

2. Refugees;

3. Asylees;

4. Certain Parolees;

5. Certain Conditional Entrants;

6. Those with Withholding of Deportation Status;

7. Those with Temporary Protected Status;

8. Cuban/Haitian Entrants;

9. Those with Deferred Enforced Departure status;

10. Applicants for Asylum; and 

11. Others

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What Are the Impairments?

 

1. Muskuloskeletal Disorders

2. Special Senses and Speech

3. Respiratory Disorders

4. Cardiovascular System

5. Digestive System

6. Genitournary Disorders

7. Hematological Disorders

8. Skin Disorders

9. Endocrine Disorders

10. Congenital Disorders That Effect Multiple Body Systems

11. Neurological Disorders

12. Mental Disorders

13. Cancer (Malignant Neoplastic Disease)

14. Immune System Disorders

 

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