BACKGROUND: Social Security pays disability benefits under two different programs:
- The Social Security Disability Insurance (SSDI) program pays benefits to you and certain family members if you worked long enough and paid Social Security taxes. In other words, this is a benefit you paid for through years of work.
Your adult child also may qualify for benefits on your earnings record if he or she has a disability that started before age 22.
· The Supplemental Security Income (SSI) program pays benefits to disabled adults and children who have limited income and resources. It is not based upon your work or earnings history. You may receive this benefit even if you never worked and are disabled. It pays less than SSDI.
SSI benefits also are payable to people 65 and older without disabilities who meet the financial limits.
For most people, the medical requirements for disability payments are the same under both programs and disability is determined by the same process.
When you apply for SSDI or SSI, you will be asked for information about your medical/mental condition, work and education history to decide if you are disabled under the Social Security rules.
Is there a difference between being disabled and being unable to work?
Being unable to work and being found "disabled" by the Social Security Administration (SOCIAL SECURITY ADMINISTRATION) are two different things. It is often difficult to convince SOCIAL SECURITY ADMINISTRATION that someone is "disabled" even when they genuinely cannot work. But it is not impossible. Remember, Adams Law Group are attorneys that are committed to fighting for the legal rights of the disabled.
If you really cannot work, apply now for Social Security disability benefits.
Below is a discussion that explains what it takes to be disabled and how that is different than being unable to work.
How can I tell if I am disabled enough to apply for Social Security disability benefits?
Disability, in Social Security terms is a very high standard. It is different than being unable to work your current job. Social Security Disability basically means that you have a medically determinable “serious” mental, emotional, psychological and or medical condition or combination of conditions. That condition must be expected to last at least 12 months. The serious condition must preclude you from doing any job you have held for the last 15 years. If it does keep you from doing past relevant work then Social Security looks at the skills you obtained during the last 15 years. If any of those skills transfer to a different type of job they will say you are not disabled. If they say you have no transferable skills then a further inquiry is made. They inquire if there are any hypothetical jobs in the national economy you can perform based on your age, education, and medical/emotional limitations. If there are none, then you will be awarded Social Security. In summary:
FIVE STEP SEQUENCE
1. Do you have a medically determinable serious condition/s? If yes go to step 2 if no you lose
2. Is the condition/s expected to last 12 months or longer? If yes go to step 3 if no you lose
3. Does this condition keep you from doing any of your past work? If yes go to step 4 if no you lose
4. Do you have skills that would transfer to other jobs you can do.? If yes go to step 5 if no you may lose but if you are older you go to step 5 automatically
5. Are there any other jobs you can do regardless of skills with your limitations? If yes you lose if no you win
The above is truly simplified but is used to illustrate that the analysis used by Social Security is long and complex.
Individuals that have been turned down because the Social Security Administration has said the individual can do easier work often ask if Social Security Administration will find the individual a job. NO! They also do not care how much the job pays or whether you can actually get the job. They do not care if you can find a job. To be clear they are denying people based on assumptions that you can get a HYPOTHETICAL job.
The age factor:
If you are truly disabled you can get disability at any age. We have obtained benefits for all age groups. Social Security Administration regulations, however, make it easier to be found disabled as you get older. It becomes easier for a few people at age 45, for more people at age 50, for most people at age 55, and even more people at age 60. If you’re over age 55 and you cannot do any job you have done in the past 15 years, you should definitely apply. If you’re over age 50 and have a severe impairment that keeps you from doing all but the easiest jobs, you ought to apply.