Eligibility for Social Security Benefits
When a person is seriously injured or has fallen ill due to a work-related accident, or can no longer work due to a long-term injury or illness, they may qualify for Social Security Disability benefits to provide an alternative or supplemental amount of income depending on the extent of the disability.
First, in order to file for Social Security Disability benefits, a person must adhere to certain qualifications as set out by the Social Security Administration. There are numerous requirements that must be met. These include the type of disability, if it falls under the category of disabled, how long the individual has suffered from this injury, if they have paid into benefits and if they are no longer able to work.
If you have any concerns you may always consult a Raleigh social security attorney who focuses in disability claims.
Federal Social Security Law and Disability
You must be completely disabled to qualify for benefits. Some employment and insurance programs are able to cover people who are considered partially disabled. You must be unable to engage in any work that is considered productive. A disability must have lasted one year or more, or result in death. It must be a condition that is able to be determined medically.
This means that under the guidelines of the Social Security Act, a condition is diagnosed with medically acceptable techniques. Regardless of whether a disability is physical or mental, it must be backed by evidence. A person who just reports symptoms will not have enough evidence to support their claim.
When it comes to mental and psychiatric conditions, it is harder to diagnose under the guidelines of Social Security. Symptoms must be significant. A person must demonstrate behavior difficulties, problems with thought and memory, etc. There must be tests and medical evidence to back these claims. Standards that prove disability and whether a person is unable to work can be very strict and stringent.
Having an experienced Raleigh Social Security Disability attorney can aid in helping you to present the information you need in order to prove your disability.
In order to qualify for SSDI, a person must have worked enough to make a sufficient amount of earnings. This must include recent work in order to qualify. Social Security is seen as a form of insurance. You are required to satisfy part of the requirement when you pay taxes through your place of employment.
SSI does not require the same, but a person must have a need based on income and limited resources. Your amount of work will qualify based on how many work credits you have earned. Every quarter that is worked earns one credit. This is maintained at a certain earnings level as well. Depending on circumstance, some people may qualify based on their parents’ or spouse’s work history.
What is Considered Recent Employment?
This has many different factors. Social Security will look at a person’s age when they became disabled, and how many years were worked before this time. Social Security will look at the past 10 years once a person is 31. Whether a person has worked at least half of the quarters in those years is the focus.
Duration of Work
This looks at whether or not a person has worked long enough to earn the qualifying amount of work credits. This does not have to be based on current or recent employment. If a person is blind, this is the only part of the working test they often need to meet.
Work with a Raleigh Social Security Lawyer Today
At the Whitley Law Firm we have offices located in Raleigh and other parts of the state to better serve our clients; however, we also serve residents all throughout the state in their Social Security Disability cases. To learn more about Social Security Disability, we encourage you to contact a Raleigh Social Security Disability attorney from our firm today.