Providing Legal Assistance at Every Step of the Social Security Disability Process

The Social Security Act was passed in 1935 to provide basic support to workers who had reached their retirement age. Over the years the Act has been expanded to protect workers who could no longer work due to injuries and other health problems, and the Act now provides for monthly disability benefits to wage earners, no matter their age, as long as they meet the Act’s definition of “disabled.” You may be entitled to Social Security Benefits if you meet this definition of “disabled” and other requirements of the Act.

Disability is defined by the Act as when a worker: “can no longer engage in substantial gainful activity by reason of any medically determinable physical or mental impairment which is expected to result in death or which has lasted or is expected to last at least 12 consecutive months.” An individual will be determined to be under a disability only if his physical or mental impairment or impairments are of such a severity that he/she is not only unable to do his previous work, but cannot, considering his/her age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he/she lives, or whether a specific job vacancy exists for him/her, or whether he/she would be hired if he applied for work.

Several disability programs were created by the Social Security Act and these are administered by the Social Security Administration. Two of the most common programs are Disability Insurance Benefits (SSDI or Title II benefits) and Supplemental Security Income. (SSI or Title XVI benefits) Generally, to qualify for SSDI, the applicant has to meet the definition of “disabled” and must be “insured.” Insured means that the applicant has worked a required number of quarters to qualify for insured status. To receive SSI benefits, the applicant must meet the definition of disabled and be “ indigent.” An applicant is indigent if he/she meets the income and resource limitations set forth in the Act.

If you are thinking of applying for Social Security, have applied for Social Security and been denied, or just have questions, contact us. We will handle your claim, and if you are entitled to Social Security, make sure you receive these benefits.