What is Social Security Disability?
by Delfina Duarte  

When you think of the Social Security Administration (SSA), mostly commonly what comes to mind is will you have money for retirement. However, the SSA is responsible for much more than retirement benefits. Disability is also a benefit that is overseen by the Social Security Administration. It was established to help those workers that have injured themselves or become too ill to work.

Many of you may ask, “What is Social Security disability?” The Social Security Administration has set up two programs to assist those individuals who are or have become disabled. This is important to know not only for your future needs but also clients who may be off of work for over a year.

The first program is the Social Security Disability Insurance (SSDI). This program is for workers who have contributed to their Social Security accounts. In order to qualify, you must have worked enough to earn forty credits; twenty of which were earned in the last ten years ending with the years you became disabled. This does not mean that if you are a younger individual you do not qualify. Social Security uses a table to calculate the amount of needed earned credits to qualify for a younger individual. Social Security provides a sixty month time period from the time you stopped working to apply for these benefits. Anytime thereafter, you will no longer be eligible for this benefit.

The second program is Security Supplement Income (SSI). This program is provided for those individuals who have not contributed enough into their Social Security Account and are also low income. Social Security Account and are also low income. Social Security uses the same medical standards to establish if the person is disabled. However, individuals must meet the non-medical requirements. Since SSI is a form of income and resources. SSI can also be added to individuals who qualify for SSDI and their benefits are lower than a minimum standard. Additionally, if an individual did not apply for SSDI within the sixty-month period, she or he may still be eligible for SSI.

In order to qualify for either program, an individual must have mental or physical problems, or a combination of problems that are severe enough to keep her/him from gainful employment for a least twelve months. The standard is to establish whether there are jobs available to you that you could perform and not would you be offered a job. Social Security maintains lists of impairments that are used to consider the severity of your medical condition. Additionally, claimants need not be disabled for an indefinite period of time. They may also be eligible for a closed period of time, provided their disability will keep them from working for at least twelve consecutive months.

These programs serve an important purpose in helping people survive while they try to recuperate from a severe illness or injury. Unfortunately, it is not a quick fix solution. On average, most people are denied when they apply. The appeal process can be very lengthy and can take anywhere up to two years to complete. Therefore, if your client has been off of work for a least six months and you foresee they will not be able to return for at a year, you may want to suggest they apply for Social Security Disability.

Editors Note: Article courtesy of The Paralegal Post (Kern County Paralegal Association Newsletter)