Disabilities are challenging to live with. Many people who suffer from a disability would like to continue working in order to provide for themselves and their family, but the condition prohibits them from doing so. For this reason, many people file Social Security disability benefits claims for financial assistance that will help provide the care they need without being able to work. According to the Centers for Disease Control and Prevention (CDC), 1 in 4 individuals living in the United States is diagnosed with a disability. You can contact a SSD Delaware attorney for assistance
The Social Security Administration has two programs that a disabled person can apply for. The eligibility criteria for both programs are different, which we will talk about later. But you can contact a disability attorney and discuss your concerns. He will explain all the relevant details, like disability law, eligibility criteria, etc. First, let’s talk about the two programs run by the Social Security Administration.
Social Security Disability Insurance (SSDI) is available to individuals who have worked and paid Social Security taxes long enough to meet the Federal Insurance Contributions Act (FICA). SSDI benefits are based on an insured person’s work history. Individuals with disabilities may be unable to work for some time, but if their condition is expected to last for 12 months or more, and they have a sufficient number of years of work history, they may be eligible to receive SSDI benefits.
Applicants must have contributed and paid Social Security taxes. They can consult with reputable disability lawyers in Delaware to learn more about the application process. Anyone applying for SSDI benefits should be aware that there is a waiting period of five months. An applicant will begin receiving benefits the sixth month after the SSA decides to approve the application.
SSI is available for individuals who do not have enough work credits under FICA. This program provides benefits based on financial need. However, the number of disability benefit recipients that qualify is much less than SSDI. It is available for individuals who are 65 or older, blind, or have a disability. The main difference between SSI and SSDI is that SSI involves an income limit, but it does not require work history. You can consult with Delaware social security disability lawyers to begin the application process.
To qualify for either of these programs under Social Security Disability Insurance (SSDI), you must meet the following criteria:
Social Security has strict definitions and eligibility criteria for disability programs. As stated above, a disabled person according to the SSA is an individual who is unable to perform and engage in a substantial gainful activity.
An applicant must be diagnosed with a severe physical and mental health condition and can result in the death of an individual. Individuals who meet this criterion should consider contacting a SSD Delaware attorney about applying for disability benefits. According to the law, a disabled person must meet the following requirements to be approved.
To qualify, the disabling condition must be long-term. The federal government does not have any program for short-term disability. You can consult social security disability lawyers in Delaware for more information about what short-term disability programs might be available.
Social Security’s Blue Book (Title 20 Part 404 of the Code of Federal Regulations) is full of useful information for people applying for disability benefits. It lists all the major medical disorders recognized by Social Security, and provides detailed explanations about how the impairment must affect your functioning to be considered disabling.
Applicants can also be approved when the medical condition is not listed in the Blue Book. In such cases, the SSA will consider how limiting the situation is. It will consider the impact that the condition has on an individual’s daily life and ability to maintain gainful employment.
The first step to challenging a Social Security Administration denial is appealing the decision. The SSA will send a notice of its decision. The notice explains the reason for denying benefits and lists any evidence on which the agency based its decision. The SSA uses your appeal as an opportunity to gather more information about you, your condition, and any additional medical evidence you may have.
If the SSA denies your appeal, you may pursue a lawsuit to challenge the agency’s decision. You have 65 days from receipt of the notice to file an appeal with Social Security. If you miss this deadline, you can lose your right to challenge the decision. You can request an extension if there are special circumstances that prevent you from filing within the deadline. For example, your doctor may not have sent in all your medical records by the deadline or you might have been hospitalized due to an accident that prevented you from appealing sooner.
Contact social security disability lawyers in Delaware to navigate the process and obtain your disability benefits.