Becoming disabled and thus unable to perform meaningful work can be a scary and unsettling position to be in. Unexpected events occur every day that result in people getting hurt. In the event you become injured and require social security disability benefits, you’ll want to know the details outlined below.
Who is Eligible for Benefits?
The Bureau of Disability Determination (BDD) in collaboration with the Social Security Administration (SSA) process 145,000 disability claims in Pennsylvania every year for the following two programs:
- Social Security Disability Insurance (SSDI) program - Responsible for benefits provided to disabled or blind people who are “insured” by workers’ contributions toward the Social Security fund. This money comes from the Federal Insurance Contributions Act (FICA) social security taxes compensated by their wages or from spouses or parents.
- Supplemental Security Income Program (SSI) - Cash aid expenses provided to aged, blind, and disabled people (including minors) who have restricted earnings and assets. This money comes from the Federal government through general tax revenues.
Who is Considered Disabled?
Social Security has a very tight description of the adults that are considered disabled. The following elements must apply in order to receive benefits:
- You must be fully incapable of performing any considerable work due to your medical condition(s); and
- Your medical ailment(s) need to have lasted, or are predicted to last, a minimum of one year, or are predicted to cause your death
In addition, there is also a tight description of children’s disabilities:
- The child’s physical or mental condition needs to significantly impact their pursuits; and
- The ailment(s) needs to have lasted, or is predicted to last, a minimum of one year or is predicted to cause the child’s death
How Do I Qualify For Benefits?
In order to qualify for Social Security Disability Insurance (SSDI), you must:
- Have worked and paid Social Security taxes for an adequate time period
- Have paid some of the taxes recently
- Be the wage-earner, the wage-earner’s adult child or widow(er)
- Fulfill SSA’s criteria for medical disability; and
- Not be carrying out any meaningful work as determined by SSA
How Do I Apply For Benefits?
You should file for benefits immediately after you become disabled because it can take many months for your application to be processed. In order to apply for benefits, you’ll need to fill out an application for Social Security Benefits and the Disability Report. Click here to see the information required of you when applying for Disability Benefits.
The application process can be a daunting task, but luckily, you are not alone. The experienced Social Security Disability attorneys of Rubin & Badame are here to guide you through the process. Talking to an attorney can make all the difference in the outcome of your claim. While the application process may seem straight forward, there are certain methods attorneys use to make it so you have the best chance of obtaining benefits. If you have questions or are seeking legal help, our firm is currently taking new applications. We encourage you to call us or contact us today.
How Will My Claim Be Processed?
First, the Social Security Administration will review your application in order to identify whether you’ve met the basic eligibility requirements. Then, if you are eligible, your application will be sent to the BDD to identify if you are medically entitled to benefits. Proof of your medical ailments will be requested from your doctors, hospitals, and other organizations that have been responsible for your care. The following information may be summoned from your medical institutions:
- What medical condition you have
- When it started
- How your ailment confines your actions
- Results from your medical tests
- The treatment you’ve been given
In addition, BDD may request information regarding your capability of performing work-related functions, such as:
- Walking
- Sitting
- Lifting
- Carrying
- Retaining directions
The medical professionals responsible for your care will not be requested to make the decision of whether you are disabled or not.
May I Appeal If I’m Denied?
Yes, you retain the right to appeal the decision if you feel dissatisfied with the judgment. If you appeal, you must do so in writing and bring it to a Social Security office during the first 60 days following the date you obtain the decision letter.
Keep in mind that if you plan to appeal, it is a good idea to hire representation that is accomplished in this area of the law. The Social Security Disability attorneys at Rubin & Badame, Attorneys at Law are highly skilled in this realm of the law and have helped many people just like you. Don’t hesitate to contact our firm with your case right away.
Call the Pennsylvania lawyers at Rubin & Badame, Attorneys at Law today at (610) 595-4917 to speak with an accomplished attorney about your case.
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