Qualifying For Social Security Disability Benefits

by | Nov 16, 2016 | Law

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For those people that suffer a physical or mental disability and they meet a specific criterion, Social Security disability benefits are available. To be covered under SSDI (Social Security disability insurance), the applicant must not be able to perform any meaningful work and have paid Social Security taxes (FICA) for a certain number of years.

Work tests:

There are two work related tests that the applicant must pass; duration of work and recent work history tests. The duration of work test results must show that the applicant has worked long enough to be granted benefits; for example, an applicant that is 50 years old must show that he or she has worked for at least seven years and paid FICA taxes before they can qualify for benefits.

The recent work history test used a complex formula to determine eligibility, basically the applicant must have worked five years out of ten if he or she is 31 years of age or older when the application is made.

It is these and other complexities that make it extremely difficult for a disabled individual to pursue a claim without the assistance of a Chicago disability attorney.

Medical history:

Once the work related tests have been satisfied, the SSA focuses on the medical records of the claimant. Benefits are paid to those with total or long lasting mental or physical disabilities.

As well as reviewing your records, the SSA usually contacts the claimant’s physician as well, along with a number of questions that focus on the tests that have been done, the medications that have been prescribed, etc, the doctor is asked to explain exactly how the condition limits the applicant from performing any meaningful gainful activity.

The entire process is complex and fraught with potential problems, one misstatement can easily result in a denial of the claim. It is always a good idea to hire a Chicago disability attorney right from the beginning of the application process.

Understanding the laws, rules and regulations that govern Social Security is hard enough for an able bodied individual; it can be even harder for a disabled person to understand them. It is a good idea to hire a Chicago disability attorney to guide and assist you. You are invited to contact The Law Offices of Rabin, Kodner & Brown, Ltd and also like our page on Facebook.