SOCIAL SECURITY DISABIILTY: ARE YOU COVERED?

Social Security disability is an insurance plan mandated and paid for by the US Government under the Social Security Act.  Like any other insurance plan, it is funded by "premiums" or payments made to the Social Security Trust Funds.  In the case of disability insurance, it is paid for by FICA taxes.  The employee has taxes deducted from his/her wages, then the employer matches that tax and pays into the Social Security Disability Trust Fund.  

In order to have current disability insurance with Social Security, the worker must have worked long enough and paid enough FICA taxes to be insured.  The worker must have accumulated a sufficient number of "Quarters of Work" to be insured.  For most workers over age 40, the worker must have worked at least 4 out of the last 10 years to be covered.  Rules are different for very young workers.

Social Security disability insurance (SSDI) is often referred to as Title II (two).  SSDI does not require a claimant to be poor, have limited income or limited financial resources to be eligible for benefits.  There is no "means testing" as such.  Dependents may also be eligible for benefits under the primary worker's SSDI.  A disabled or blind widow or widower age 50 or over may qualify for benefits under the deceased spouse's SSDI.

If the claimant does not have sufficient Quarters of Work to be covered for Title II (SSDI), he is limited to filing for Supplemental Security Income or SSI, which is called Title XIV (16).  There are strict income and resource restrictions for SSI.  Therefore, SSI is often thought of as a type of "federal welfare."  Individuals as well as dependents may be eligible for SSI benefits, even if there is no coverage for SSDI or Title II.

In order to get SSDI or SSI benefits, the applicant must prove that he/she is blind or disabled under Social Security rules, which are very strict.  Most applications are denied and the claimant must appeal, have the claim reviewed more closely by an administrative law judge, and attend a hearing to get paid benefits.  A qualified representative can be of great assistance in obtaining a favorable result at these hearings.  And you cannot be charged a fee for representation until you win and collect your benefits.

THE FORSYTHE FIRM         Helping the disabled collect SSDI and SSI benefits
(256) 799-0297                 Toll Free  1-855-854-CASH (2274)

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