|
Do You
Qualify for
Disability or SSI?
Most people are aware that the Social
Security Administration is a part of the federal government and that it pays
older, retired people monthly checks. What you may not realize, however, is that
the Social Security Administration also issues monthly checks to disabled
children and disabled adults less than 62 years of age.
Social
Security's Definition of Disability
In order to be eligible for Social
Security disability, you must be "disabled." For Social Security
purposes, a person is "disabled" if he/she has a medical problem that
prevents that person from working. In addition, the medical problem must be
severe enough that it will last at least a year.
As a practical matter, Social Security disability is primarily about a person's ability to work.
Stated another way, in order to prove that you are disabled, you often need to
prove that you cannot work even a simple, unskilled job. For example, imagine
yourself working as an packer, where you sit at a table and pack items in a box;
imagine yourself as a cashier at a parking lot; imagine yourself as a nighttime
security system monitor. Could you perform one of these very simple, low stress,
low exertion jobs 8 hours a day, 5 days a week?
As you might expect, you cannot simply walk into a Social Security office,
announce that you are "disabled" and start collecting checks. In
the disability system, you, as the claimant, have to prove that you meet Social
Security's definition of disability.
Social Security's disability claim evaluation process has
evolved into a complex and often confusing system that
involves multiple levels of appeals and review. This web
site was created to help you better understand the process and
to link you to qualified and experienced lawyers who can
identify and gather evidence to prove to Social Security that
you cannot work and are deserving of benefits.
Title
II Disability vs. Title XVI SSI
Your lawyer can also help determine whether you are eligible
for Title II "Disability" or Title XVI SSI.
These two disability programs are very different in that
Disability usually pays more and is based on your work history
over the past 10 years. SSI, by contrast, is a welfare
program that will pay no more than $564 per month (2004
numbers).
In general, Disability will pay more and you do not have to
worry about offsets to your payment arising from family
support or other welfare programs.
In order to collect Disability, you have to be
"insured" by having enough work credit hours over
the past 10 years (you generally need to show work activity
for 5 out of the last 10 years). The calculations are
slightly different for younger workers.
|