Social Security Disability
Social Security Disability Insurance (SSD) is a social insurance program designed to protect disabled persons, the elderly, and survivors. To be eligible for SSD you must have paid a sufficient number of quarters in to Social Security and be considered an “insured” by the Social Security Administration. Most workers are provided an annual statement from the Social Security Administration which will identify whether such worker is eligible for SSD benefits. Sufficiency with regard to the number of quarters paid in to Social Security is a threshold requirement to be eligible for SSD. If you can satisfy the quarters requirement the next step is to determine whether you are otherwise eligible. A determination of Disability by the Social Security Administration is based on a person’s ability or inability to perform work. People are considered disabled if they are unable to do the work they did before their disability and Social Security decides that they would be unable to adjust to other work due to their medical condition. A disability must also be expected to last for at least one year. To qualify for Social Security disability, the Social Security Administration will determine if you are disabled using the following four questions:
1. Are you presently working?
If you are currently employed and earning $1260.00 or more a month, you cannot generally be considered disabled.
2. How severe is your condition?
To be considered disabled, your condition must interfere with basic work-related activities.
3. Can you do the work you did previously?
Your disability must interfere with your ability to do the work you did before your injury.
4. Can you perform another type of work that exists in the national economy?
If you cannot perform the work you did before, Social Security will determine whether you are able to adjust to other work.
If you plan on applying for Social Security Disability insurance, or if you have been wrongfully denied benefits, Rolnick and Netburn can help you understand your rights and obtain fair compensation.