Information on Social Security Law

Disability compensation benefits are payments received from either public or private funds by a disabled person who cannot work. Disability compensation benefits are either disability insurance benefits or supplemental security income benefits. There are two types of compensation provided by the Social Security Administration:

Social Security Disability Insurance (SSDI) Benefits

Only people who have paid taxes towards social security over a period of time are eligible for disability insurance benefits, in other words, people who have worked. The federal law specifically dictates that you must have worked for five out of the last ten years before becoming disabled. If you became disabled before the age of 31, then the rules are less demanding. You should always apply for disability insurance benefits as soon as you are no longer able to work, since you will not be eligible to receive benefits if your disability insurance is not in force when you became disabled.

The monthly payment received by claimants is determined by their earnings during their career. There is no minimum; however, the maximum is $1,433 a month. If the disabled individual has children under the age of 18, they are also eligible to receive benefits. There are also benefits for disabled widows/widowers (DWB) and for disabled adult children (DAC).

Disabled Widow/Widower Benefits (DWB) - This benefit is available to a widow or widower between the ages of 50 and 60. You must have been married to the deceased for at least 10 years and he/she must have been covered by social security at the time of his/her death. You must also have proof of your disability, and that it was severe enough to meet disability rules within 7 years of your spouse’s death. Your monthly benefit will be determined by your spouse’s income and social security payments.

Disabled Adult Child Benefits (DAC) - This benefit is available to any unmarried child of a person already receiving retirement benefits or disability insurance benefits, or who was covered by social security at the time of their death. You must be at least 18 years old, and you must be able to prove that your disability is continuing and began before the month in which you turned 22. Your benefit rate will be based on that of your parent’s.

Supplemental Security Income (SSI) Benefits

Security income benefits, or supplemental security income (SSI), is available to anyone ho has not worked enough, or not worked at all, in the past 10 years and is not eligible for disability insurance benefits. Security income benefits are regulated by the federal government but the funds do not come from the Social Security fund, as disability insurance benefits do. There are only two requirements for supplemental security income benefits; you must be disabled (according to the ADA definition) and have very little income and/or resources. The Social Security administration will take into account all property and income in your household, which includes your spouse’s income and assets. The Social Security administration will also take into account what they refer to as “in-kind” support, such as room and board, that you receive from others. This is especially important for a child that has turned 18 but lives at home, in which case his parents’ incomes will not be considered, but the fact that he lives in their home will be taken into account. Anyone receiving supplemental security income benefits is also entitled to Medicaid. However, there are no benefits for dependant children of a claimant.

Child Supplemental Security Income (SSI) - If a household has a considerably low income and also has a child under the age of 18 with a severe disability, then the child may be entitled to receive a monthly benefit. Also, disabled children are able to receive Medicaid benefits.

Denied Benefits

Every year, millions of people receive benefits from the Social Security administration. Disability payments from the Social Security administration are benefits intended to help sick or disabled people who are unable to work. While disability payments are crucial for people who cannot work or need to pay for expensive medical treatment, they are often denied. Below are some reasons why you may be denied any social security benefits.

You are deemed able to perform your work
You are deemed able to perform another type of work
Your impairment is a result of a drug or alcohol addiction
Your impairment is expected to last less than one year
You did not or cannot provide sufficient medical proof
You have returned to work while your application is pending
Your disability, or impairment, is not considered sufficiently severe
You failed to follow medical procedure, such as taking medicine properly

If you feel you have been wrongly denied social security benefits, you may be right. The Social Security administration attempts to deny as many claims as possible in order to save money and has been known to unfairly deny claims to deserving individuals. Get in touch with an experienced attorney who can help you decide the right course of action.