Social Security can be a great help to injured workers in the United States. However, in order to qualify for these benefits, there are several requirements you’ll need to meet. One such requirement is to have worked a certain number of hours. Often, I have clients ask what those requirements are.
The first thing I tell them is that they need to make sure their disability meets the following:
- You are unable to do the work you did before
- Your work cannot be adjusted due to your injuries
- Your disability has or will have lasted one year or will result in death
If you meet these minimum requirements, the next step is to look at whether you’ve worked enough hours, recently enough, to qualify for Social Security Disability. This is determined through Social Security work credits.
Credits are based on your wages. In most cases you need 40 credits to qualify for SSD, and 20 of those credits need to have been earned in the last 10 years. It’s possible to earn up to 4 credits each year.
While this is an average, there are many factors to take into consideration. For instance, younger workers who become disabled often don’t need as many credits to qualify for SSD. That’s why it’s important to speak with an experienced attorney. We can help guide you through your case.
If you qualify for Social Security Disability, don’t hesitate to speak with someone about your case. At Oxner + Permar, we offer a free consultation to ensure you’re taking the next best steps with your case.
When applying for Social Security Disability benefits, it can be difficult to think about also having to hire an attorney. The good news is that it is possible to apply for Social Security Disability benefits on your own. You’ll just need to jump through quite a few hoops to make it happen.
First you’ll need to contact your local Social Security representative. You can get the application by phone, by mail, online or in person. The form will ask you to provide information about your injuries, disabilities, treatments and any other information that may be applicable.
Your local representative will be responsible for confirming your basic information. For instance, they’ll be checking your age, employment status, and other general information.
Once your application passes through the local office, your case will go on to Disability Determination Services, commonly abbreviated as DDS. The DDS is a state run agency that determines whether or not your claim is valid. They will use the information that you provided in your application for their initial review. They will then conduct a consultative examination usually with your physician; however, they may also choose to work with an independent source.
After these examinations are complete, the DDS will determine whether or not to grant you benefits. If they decline your claim, you can appeal.
While it is completely possible to file for Social Security Disability benefits on your own, it can be difficult. Claims that are filed without the assistance of an attorney are often initially denied. Working with an experienced attorney can not only save you time, but help you start receiving the benefits you’re owed as soon as possible.
Don’t risk having your claim rejected because of a mistake on your Social Security Disability application. Work with an experienced attorney who will make sure it’s done right.
When just given the name, Supplemental Security Income and Social Security Disability Insurance sound very similar, especially when they’re referred to by their abbreviations: SSI and SSDI. However, they are very different, and have very different requirements for who can qualify.
SSI refers to Supplemental Security Income. SSI is designed to support those in financial need. Whether or not you qualify has nothing to do with your work history. The only thing that’s taken into consideration is your income and financial situation. In order to receive SSI benefits, you must have less than $2,000 in assets. If you are married, you must have less than $3,000. Unlike SSDI, SSI is funded by general taxes rather than the Social Security trust fund.
On the other hand, Social Security Disability has to do with your employment status. Because funds are drawn from payroll taxes, your eligibility has to do with how long you’ve been employed and paying into Social Security. In order to receive these benefits, you must be younger than 65. You must also have earned a certain number of work credits. These work credits are determined by your annual income.
If you qualify for either SSI or SSDI, be sure to contact an experienced attorney. We can help guide you through the process of applying for these benefits and make sure that you doing what best fits your situation.
Whether you qualify for SSI or SSDI, make sure that your rights are being protected and that you are receiving the benefits you deserve. Give us a call for a free consultation.
When it comes to putting together a social security disability case, it all comes down to your ability to prove your medical condition. A strong social security disability case requires three things:
- Timely medical records
- Accurate medical records
- Sufficient medical records
When looking at a social security case, timely records means that your records need to be up-to-date with your condition. For instance, if you have a rapidly changing condition, you’re going to need more recent records than someone who has a more stable condition.
In order to prove the accuracy of your records you must show evidence for your claims. For instance, if you report a bone fracture, your x-rays must show where the bone is broken. If your doctor reports that you are unable to stand for a period of 30 minutes, but you can indeed stand for that long, those reports will not be considered accurate. (Remember that the records must also come from a medical professional.)
Finally, you must provide sufficient records. This means that the Social Security Administration needs your medical reports to be thorough. It’s not enough to state your condition. Your records need to detail things such as where your injury is located, how your doctor came to their diagnosis (e.g. what tests did they run?), and what treatments you’ve received.
Having all of this information can make a huge difference in your case and whether the Social Security Administration will consider you compensable or not.
Building a strong case starts with timely, accurate and sufficient medical records. Start working with an experienced attorney early on in your Social Security Disability claim so that they can help you build a strong case from day one. Be sure to give us a call for a free consultation.
I frequently speak with veterans who express concern about their ability to earn both Social Security disability benefits and veterans’ disability benefits. The good news is that you can earn both at the same time. In fact, in some cases VA disability benefits can help you earn Social Security benefits.
If you’re receiving veterans’ disability, then Social Security is going to strongly take that into consideration. In their eyes, another government agency has already declared your injury legitimate and decided that you are in need of benefits. Unfortunately, this doesn’t really work the other way. If you’re already receiving Social Security benefits, the VA isn’t necessarily going to take that into consideration because there’s no way of knowing if your Social Security benefits are service-related.
There are a few differences between Social Security and VA disability. For instance, in order to receive Social Security benefits, you must be completely disabled — whereas with VA disability, you can have a low disability rating (sometimes as low as 10%).
Another big difference is the amount of weight your physician’s word has. With Social Security disability, your designated treating physician’s word is the final say. Your case can rely entirely on what your doctor says. However, with veterans’ disability, the VA considers all factors. Their policy says that your doctor could be biased, so they must look at any and all contributing factors.
It’s important that you’re receiving all of the benefits that you need. Working with an experienced attorney is an excellent way to make sure that you’re getting everything you deserve. Be sure to give us a call for a free consultation.