Every day, we help Minnesotan’s who can’t work because disabilities prevent them from getting employment or continuing their jobs.
Social Security Disability Benefit Programs
Social Security pays benefits to people who cannot work due to a medical condition that is expected to last at least twelve months or result in death. There are two disability benefit programs through Social Security:
- Social Security Disability Insurance (known as DIB or Title II)
- Supplemental Security Income (known as SSI or Title XVI).
Social Security Disability Insurance
Is exactly what it sounds like. Every paycheck that a worker earns has money taken out of it to purchase Social Security Disability Insurance. The requirements for benefits differ, but generally, a worker who is fully insured and has worked at least twenty quarters out of the last forty quarters is eligible to participate in social security disability. The amount of the social security disability benefits a claimant is entitled to is determined by the amount of the worker’s past earnings.
Supplemental Security Income
Is a welfare-based program. There are no earnings requirements for supplemental security income but there are strict income and asset limits. A person applying for Social Security Disability should try to apply for both programs at the same time. The Social Security Administration will review the applications and inform the applicant if he or she does not meet the requirements to participate in either Social Security Disability or Supplemental Security Income programs.
Medical Standards For Social Security Disability
The medical standards for disability are the same for both Social Security Disability Insurance and Supplemental Security Income. The claimant must have:
- A medical condition (physical, mental or a combination of the two) that has lasted or is expected to last at least twelve months which does not permit the claimant to work a full time job on a sustained basis.
The Disability Application and Determination Process
For those who are not experienced with the social security disability application process, it can be long and confusing. Many people give up along the way due to frustration with the process itself. The experienced social security lawyers at Livgard and Lloyd are available to assist you from your first social security disability application or at any time after you have filed. Our social security disability attorneys are available to assist you with all of the paperwork necessary to start the process and will guide you through the process as it continues. It is important to understand that your initial claim will likely be denied; only about 35% of initial claims are approved. DO NOT give up! Our team of social security appeal lawyers is here to help you continue through the process.
Was Your Social Security Claim Denied?
If your social security disability claim is initially denied, you have sixty days to apply for reconsideration of the claim. Again, the chances of being denied at this reconsideration stage are very high; only about 13% of claims are allowed at reconsideration. Should that happen to you, do not despair. If denied at the reconsideration level, you have another sixty days to request a hearing in front of an administrative law judge. It is at the hearing level that the claimant has the best chance to receive benefits. Sixty-two percent of the claimants who request a hearing receive benefits. Perseverance often pays off and our social security appeal lawyers are here to help you along the way.