Social Security Disability Benefits: SSD and SSI

The technical name for Social Security is Old Age Survivors and Disability Insurance. It is the federal government's program for providing income, in the form of monthly checks, when a workers earnings stop or are reduced due to retirement, disability or death. It is a required retirement program for everyone who works and payments are deducted from each paycheck a worker receives.

A worker's spouse including common-law spouses, and dependent children, including illegitimate, adopted and stepchildren, may also be eligible for benefits. Unmarried grand children who are under the age of 18 who are full-time students may be eligible for benefits if they can be shown to be dependent on the income of a grandparent.

Retirement Benefit

Those born before 1938 will be eligible for full Social Security benefits at age 65. Beginning in 2003, the age at which full benefits are payable will increase in gradual steps from age 65 to 67 years of age. You can begin to receive benefits as early as 62 years of age. However, your benefits will be reduced by five ninths of one percent for each month in which you request to receive benefits before your "full" retirement age.

Am I Eligible For Benefits?

Whether or not you qualify for Social Security benefits and the amount depends upon your date of birth, the type of benefit for which your applying and, most importantly, your past earnings. To obtain a detailed personal estimate of your Social Security benefits, contact your Social Security office.

What If I don't Qualify?

If you have not worked long enough to be eligible for Social Security Benefits you may qualify for Supplemental Security Income, of SSI. TO be eligible for SSI you must 1) have an income level  at or beneath that identified for eligibility: 2) be living in the U.S. legally and be a U.S>citizen; and 3) be 65 years of age or older or blind or disabled. Children may also be eligible for SSI if their income and assets are below the limit required ad they are disabled.

SSI also has a program to assist individuals in returning to work. Contact your local Social Security office for more information on SSI.

Disability Benefits

When a worker becomes severely disabled, monthly benefits can be provided for the length of the disability. To receive Social Security Disability Benefits, you must have a physical or mental impairment which is expected to keep you from being able to perform any substantial employment for one year  or you must have a physical condition which is expected to keep you from being able to perform any substantial employment for one year or you must have a physical condition which is expected to result in your death within one year. Disability benefits can commence at the sixth full month of disability and the spouse and dependent children may also be eligible for benefits.

Social Security disability rules are different than those of other private plans or government agencies. If you qualify for disability benefits from some other plan, this does not automatically mean that you qualify for Social Security disability.

Survivors Benefits

When a worker dies, benefits can go to certain family members as monthly payments if sufficient credits were earned while working.

If sufficient credits were earned, a special one time payment of $255 is payable after death. This benefit is payable to a widow(er) or minor children.

Medicare

Medicare is a hospital medical insurance program under Social Security. Those eligible are people 5 and older and disabled people under 65 who have been entitled to disability benefits for at least 24 months. Medicare is also available to those insured workers and their dependents who require dialysis treatment or kidney transplant due to permanent kidney failure.

In some cases, a monthly premium must be paid for Medicare benefits. If you are 65 or older or under 65 and severely disabled and you do not have Medicare coverage, you should contact your Social Security office for information.

Divorce

When a worker receives Social Security benefits his/her divorced spouse, aged 62 or older, may be entitled to benefits if 1) the marriage lasted 10 years; 2) the spouse is unmarried; or 3) the spouse is not eligible for an equal or higher benefit on his/her own or someone else's Social Security record.

If a deceased worker was divorced, the surviving spouse can get benefits at age 62 years, or at age 50 years if disabled, if 10 the marriage lasted at least 10 years; 20 the spouse is unmarried; or 3) the spouse is not eligible for an equal or higher benefit on his/her own Social Security record or someone else's.

How Do I Get Benefits?

You will not receive benefits automatically. If you believe that you are eligible, file an application at your nearest Social Security office. Some claims have time limitations so you should act quickly. You should contact the office when:

• Someone in your family dies.
• You are unable to work because of injury or illness expected to last a year or more.
• You are 62 or older and plan to retire.
• You are within three months of age 65, even if you don't plan to retire.

What If I Am Turned Down?

If you filed a claim and believe that the decision was not correct, you may have the decision reconsidered. If you are turned down again, you may request a hearing before and administrative law judge of the Bureau of Hearings and Appeals. At this point you should contact an  attorney. At a hearing before an administrative law judge, it may be necessary to present complicated  medical evidence. It is also important that the first hearing be properly handled in the event that a later appeal to a federal court is necessary. An attorney familiar with Social Security law will be able to assist you in making sure your case is presented and handled to your best benefit.

If the administrative law judge's decision is unsatisfactory, you may request a review by the Appeals Council. If you are still not satisfied, you may take your case to federal court.

Our PA Social Security Disability lawyers can explain how you should appeal and will assist you in having your claim reconsidered or in requesting a hearing. Contact our Pennsylvania SSD attorneys today.

How Can I find The Nearest Social Security Office?

Information concerning Social Security is available 24 hours a day toll free by calling 800-772-1213 between 7a.m.and 7 p.m. on business days.