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If you are disabled and unable to work, Social Security Benefits may apply to your situation. Monthly benefits are given after people meet a very strict set of criteria. These are based on both disability and work history. Due to the complexity of the process, an attorney can be of great help during the application and appeals process.

Social Security is the program that provides the following types of benefits at the federal level:

  • Disability
  • Retirement
  • Family assistance
  • Survivor benefits
  • Medicare benefits

Social Security is funded by taxes that are withheld from work earnings. There are usually matched funds from employers and taxes from those who are self-employed. It is the Social Security Administration that administers any benefits that someone has been awarded. Benefits are governed by the Social Security Act.

For more information and guidance with this process, contact our Raleigh social security attorney today!

Disability Defined by the Social Security Act

People must be disabled as defined by the Social Security Act in order to qualify for benefits. Under the Social Security Act, a person must:

  • A condition must be present that is believed to last a year, is going to result in death, or has lasted a year.
  • The person is not able to work because of their condition.
  • The person must be unable to maintain the same form of work performed previously, or any type of substantial employment.

Types of Disability

Under the Social Security Act, there are five types of defined benefits. Each individual type of benefit has its own qualifying rules. These can be complicated. Social Security Income and Social Security Disability Insurance will provide benefits. SSDI is based upon work history, while (SSI) is based on the person’s income and overall need. It is often given in cases of old age and blindness.

Social Security Disability Insurance (SSDI)

These benefits are given to people who have worked the required minimum and above. This minimum requires that a person have a certain number of credits within the Social Security system. With Social Security Disability Insurance Benefits, individuals become eligible for Medicare if they are found to be disabled. If it is found that a person is already a recipient, or if they are going to be a recipient of Supplemental Security Income, they are eligible for Medicaid.

Disabled Widows, Widowers or Surviving Divorced Spouses Benefits

These are paid when people meet age requirements and other criteria. In order to receive coverage as a spouse, your spouse must have been insured under a place of employment in order to obtain those benefits.

Childhood Disability

If a person is 18 years of age and no older than 22 when disabled, benefits are paid. The payment will be based on the income of a disabled, deceased or retired parent.

Supplemental Security Income (SSI)

This form of benefits is paid to those who are considered low-income, elderly, blind and have limited resources. Click here to learn more about Supplemental Security Income.

Child’s Disability and SSI

These benefits are paid to children who are no older than 18. The child must be disabled, blind and have family members that meet the overall criteria when it comes in resources and income.

Auxiliary Benefits for Children and Spouses

In North Carolina, there are no increased payments for children of SSI recipients, and are no payments available to the spouse of an SSI recipient.

There are payments available to children under the age of 18 or under the age of 19 if they are still in high school and have a parent who is disabled and receives SSDI benefits. There are also spousal payments available through SSDI if the spouse cares for a child under the age of 16.

Medicare

Medicare is the federal health insurance program for people who are over the age of 65, certain younger people with disabilities, and people with end-stage renal diseases.

Medicare for the disabled becomes effective 24 months after they receive the benefits. If an individual looks at the five-month waiting period, they are eligible for Medicare 29 months after the initial starting date of disability. Medicare kicks in 24 months after the receipt of benefits and 29 months after the date of disability.

Medicare Premiums

Generally, there are premiums that must be paid in order to receive health benefits under Medicare. After an individual is found disabled, they will receive notice from Social Security letting them know exactly what that premium is going to cost.

Medicaid

Medicaid is a program created by the federal government that is then administered by the state, and it provides payment for medical services for low-income citizens. People qualify for Medicaid by meeting federal income and asset standards, and by fitting into a specified eligibility. If an individual is already a recipient of Supplemental Security Income, they will also be eligible for Medicaid.

It can be difficult to obtain Medicaid prior to receiving Supplemental Security Income benefits, but it is possible. There are appeal steps that people can go through prior to their receipt of Supplemental Security Income benefits.  They must file an appeal, and then will be given a hearing before a hearing review officer. Applicants will have an informal hearing where they can argue their cases based on their functional limitations and their medical records.

Types of Medicaid Benefits

There are different types of Medicaid benefits. There are benefits for children as well as for adults. In some situations, adults are able to receive Medicaid because their children receive Medicaid. In other instances, a disabled adult without children can receive Medicaid benefits if they meet the required definition of the regulations that define Supplemental Security Income.

Trusting Your Case to Our Lawyers

When you have basic knowledge of the benefits available, it will help you decide if disability is right for you. Our Raleigh legal team can go through all of your options and help you make the best decision possible.

We have offices located in Raleigh and across North Carolina to better serve our loyal clients with their Social Security Disability claims. For professional guidance with your case, please contact an attorney from our office today.