Eligibility for social security disability benefits is not based on age. Rather, the receipt of benefits is based on the government’s definition of disabled. The Social Security Administration defines disabled as having a physical or mental condition that prevents the applicant from doing the substantial gainful activity. Substantial gainful activity is the ability to earn at least $1180 per month. Further, the condition must be expected to last 12 months or end in death.
How Do You Apply?
It’s recommended to speak with a Disability Attorney in Holland MI before filing. There are two programs under which applicants apply. An attorney knows which program, SSI or SSDI, is applicable. Also, medical evidence will be needed no matter which program is used. The attorney gathers medical evidence and helps clients substantiate their disability.
SSDI or SSI
SSDI should be used by individuals who worked and paid FICA taxes. If approved, the monthly check is based on an average of your earnings. Further, the applicant must have worked for period of time before they became disabled. On the other hand, SSI is for the blind, elderly and those who never worked. Additionally, there is an asset limit for those who receive SSI.
The Process
A state agency reviews every applicant’s claim. Likewise, medical and vocational experts are used to determine eligibility for benefits. It is very common to be denied when one first applies. That is when it is helpful to have a Disability Attorney in Holland MI. The attorney will file an appeal within sixty days of the denial.
The first appeal is a Request For Reconsideration. A second claims examiner will be assigned to review the applicant’s evidence. The decision will most likely remain in the negative. Afterward, the applicant may file for a hearing. The hearing is held before an administrative law judge who listens to all the evidence. For the first time, the applicant will have a chance to explain their medical condition. Fortunately, many applicants are approved at this level.
The administrative law judge decides when the applicant became disabled. In turn, the individual may receive back benefits from that date. Hopefully, disability benefits are available for people when they need them. If you are seeking benefits, contact the Bleakley Law Offices P C.
