SOCIAL SECURITY DISABILITY BENEFITS:

                                         When Are You Entitled?

                                                                               by

                                                                 Attorney Jack Cashman

                  For additional information: link to Radosevich, Mozinski, Cashman & Olson LLP

Nearly everyone who works pays into the Social Security System.  Many people view Social Security as no more than a federal retirement plan.  Certainly, it will supplement your retirement income.  There is, however, another very important part of Social Security: disability insurance coverage. 

Two types of disability coverage exist in the Social Security System: 1) Social Security Disability (SSD), and 2) Supplemental Security Income (SSI).  Benefits available in the first type, SSD, are based on contributions made to the system by the disabled person while they worked, while the second type, SSI, is a welfare program.  Eligibility rules vary, depending on the age when disability strikes.  For SSD, funded by your contributions, a certain number of work quarter-years are required.  For example, you are eligible for disability benefits if you have at least 20 quarters of coverage (five years) during the previous 10 year period, ending with the quarter in which the disability occurred.  The rules are different for someone disabled before age 31.  If you do not meet the quarters of coverage requirement and become disabled, you may be eligible for SSI, a welfare program with strict asset and income requirements.

The definition for disability under SSD and SSI is the same: "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has/have lasted or can be expected to last for a continuous period of not less than 12 months."

To be successful in a disability claim, you must be able to prove the following:

1)  the severity of the impairment through medical evidence;

2)  how the impairment functionally limits you and prevents substantial gainful activity;

3)  that you cannot perform work you did in the past; and

4)  given your age, work history, education and residual functional capacity, you cannot perform other substantial gainful activity existing in significant numbers in the national economy.

Many applicants for disability benefits are denied initially.  You can then have your case reconsidered.  If denied a second time, you can request a live hearing before an administrative law judge.  At that hearing, you may benefit from having legal representation. 

It is critical for older workers who can no longer work due to physical or mental disabilities to look into SSD benefits, rather than simply taking early retirement at age 62.  If you are disabled at any age, SSD payments will likely be higher than regular Social Security benefits at age 62.  In other words, a disability finding keeps you eligible for the higher social security benefit paid at normal retirement age.  In addition, qualifying for SSD benefits may allow for early Medicare eligibility.  Medicare coverage is available two years after the date on which a person is found to be disabled, no matter what your age.

When you think of Social Security, don't just think 'retirement'.  The Social Security System also has important disability benefits.

                  For additional information: link to Radosevich, Mozinski, Cashman & Olson LLP