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Social Security
Disability Overview
To qualify for
social security disability benefits, you must have "a
physical or mental impairment that is expected to keep you
from doing any substantial work for at least a year" - or a
condition that is expected to result in your death.
Generally, $800 or more of monthly earnings are considered
to be "substantial."
You should file a claim for disability benefits as soon as
possible. Although in most cases the monthly disability
benefits do not begin until the sixth full month of your
disability, you can get the process started so that when the
waiting period is satisfied, the benefits can be paid.
Social security disability benefits can be reduced if you
get workers' compensation or other government disability
benefits. The sum of all disability payments to you and your
family is not supposed to exceed 80% of your averaged
earning before you became disabled.
Social security disability benefits continue unless your
condition improves or you return to substantial work. There
are special rules which offer incentives to disabled persons
to try working without the risk of a sudden loss of the
monthly benefits and the Medicare coverage.
If you are
disabled and you qualify, you may be able to receive
assistance from the United States government under either
the Social Security Disability Insurance (SSDI) program, the
Supplemental Security Income (SSI) program, or both at the
same time.
Social Security
Disability Insurance (SSDI) Benefits
SSDI pays benefits
to you and certain members of your family if you are injured
and otherwise qualify for the benefits. To qualify, you must
have worked long enough and paid Social Security taxes.
Many of us do not
worry about becoming disabled, but studies show that a
20-year-old worker has a 3-in-10 chance of becoming disabled
before reaching retirement age. Therefore, it is important
for most of us to have a safety net in case we become
disabled. Social Security is one such net; disability
insurance from private
insurance companies is another.
Supplemental
Security Income (SSI) Benefits
SSI is designed to
help aged, blind and disabled people who have little or no
income. It provides cash to meet basic needs for food,
clothing and shelter.
Eligibility
requirements
To get disability
insurance, you must have worked in jobs where you paid
social security taxes and have a medical condition that
meets the government requirements. In general, you can get
monthly cash payments if you cannot work for one year or
more because of a disability.
Whether you can
get SSI depends on where you live, your income and the
things you own. To learn more about the exact requirements,
see the government’s
rules for getting
SSI or contact a lawyer who can help you through what many
people consider to be complicated government rules.
Termination of
benefits
Disability
insurance payments will usually continue until you are able
to work again on a regular basis. Other rules called “work
incentives” provide other cash and health care benefits to
help you go back to work. If you receive social security
disability benefits when you reach retirement age, they will
automatically change to retirement benefits, but the amount
will be the same.
SSI payments will
be stopped if you earn more than a certain monthly amount.
I
represent clients in Birmingham, Alabama, and most clients
come from Alabama, al though we have helped clients
throughout the United States. My personal injury lawyers
receive many cases from the Alabama cities of Bessemer,
Mountain Brook, Homewood, Fairfield, Gadsden, Jasper,
Mobile, Montgomery, Huntsville, Greensboro, Fayette,
Pickens, Greene, Hale, and Tuscaloosa.
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