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The Act defines disability as an inability to put in a substantial gainful activity due to a medically determinable physical or mental impairment (s) that can be expected to result in death, which lasted or can be expected that for a continuous period of not less than 12 months. This must be accompanied by medically acceptable clinical and laboratory diagnostic tecnniques.
There are two programs managed by the Social Security Administration (SSA). The first is the Social Security Disability Insurance Program. This constitutes an advantage for people who are insured under the Act on contributions for the Social Security trust fund through the Social Security taxes on their profits. In order to be eligible for this benefit, you must have at least 20 quarters from the last 40 quarters (5 of the last 10 years).
The second is the Supplemental Security Income Program. This provides for the payment to the persons who are disabled and have limited resources and income, even if there are no payments in the Social Security Trust Fund.
There are three ways to file for these programs. Firstly, you can use your local Social Security Administration Office. Secondly, can be found online at www.ssa.gov. Thirdly, the national Social Security toll-free number at 800-772-1213.
The file is on an independent group called Disability Determination Services. It is the determination on the basis of factors such as medical records. If the claimant disabled, SSA will cover all outstanding non-disability development, calculation of the benefit amount, and starts paying benefits. If the applicant is not disabled, the file remains on the SSA, if the applicant files a complaint.
Appeals will be using the same offices. At this point, many choose a social security disability lawyer. Normally the lawyers do not charge a fee, unless an advantage is gained.
This article was by Brad Myler & Associates. http://www.mylerlaw.com
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