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Top Ten Questions Asked about Disability & SSI
Claims |
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1. What is Definition of Disability? |
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Under the federal Social Security Disability
Act, "disability" means the "inability to engage
in any substantial gainful activity by reason of
any medically determinable physical or mental
impairment which can be expected to result in
death or has lasted or is expected to last for a
continuous period of not less than 12 months." |
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Social Security Disability benefits (SSD) |
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Are benefits paid to
individuals who have worked in the recent years.
Usually you have to work 5 out of the last 10
years. For individuals under 31 years old, the
requirements are a little different since they
have not been in the work force as long. The
amount of your SSD income benefit is based on
your reported earnings from work over the period
of your work history. When you are proven
disabled and eligible to receive SSD benefits,
the is a 24 month waiting period before you
become eligible for Medicare coverage. |
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Supplemental Security
Income benefits (SSI) |
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Are paid to individuals who
are low income individuals/families and disabled
whether or not the individual has worked in the
past. SSI child's disability benefits are paid
to children who are less than 18 years old, are
disabled and the parents or guardian are of
lower income. SSI comes with Medicaid in the
state of Texas to cover medical costs and help
with the claimant’s medications. |
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2. Who is eligible for
Social Security Disability Benefits? |
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If you work long enough at a
job which is covered under the provisions of the
Social Security Act, and become disabled, you
are probably eligible for disability benefits. |
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According to the Social
Security Administration, a "Disability" can be
physical, or emotional, or some combination of
both. In order to win benefits, you must have a
disability severe enough to keep you from
working in any regular paying job for at least
12 consecutive months. |
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The test for eligibility is
not whether you can go back to a job you've
lost. Nor is it whether you've been able to find
a job recently. The test is whether you are
physically and emotionally CAPABLE of doing a
job that is generally available in the every day
work place. |
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Furthermore, to obtain
Social Security Disability benefits, you must
have a doctor state that you are disabled "by
medically acceptable clinical and laboratory
findings". Unfortunately, many genuinely
disabling conditions are difficult to diagnose
by objective testing. In cases like that, it's
up to your representative or legal help to
present your doctor's reports properly, and to
convince the government that you deserve your
benefits. |
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3. How can I apply or submit
a claim for Social Security disability benefits
or SSI? |
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By law, anyone may file for
his or her own Social Security Disability
benefits. But statistics clearly show that
claimants who have representation win their
benefits much more often than those who apply on
their own. |
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The government makes the
process very difficult. Waiting lines are long.
Forms are complicated. Benefits are often denied
to people who have legitimate claims. And not
just once; frequently twice. sometimes three or
more times. As a result, many people who apply
on their own become discouraged and intimidated.
So they simply back off, give up, and go away,
even when they are genuinely entitled to their
benefits. |
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4. If I am awarded Social
Security Disability and/or SSI How much money
will I receive? |
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That's determined by how
much money you made when you worked. |
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5. If I become disabled, how
long do I have to wait to apply for Social
Security Disability and or SSI? |
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If your disability is
expected to last for at least a year you should
apply for your social security disability
benefits immediately. |
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Many people make the mistake
of waiting months and some even years after
becoming disabled before filing a Social
Security disability claim. |
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6. Can I work at all and
receive Social Security Disability Benefits? |
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You can work at a
much-reduced schedule. |
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7. What about my family? Are
they entitled to social security disability
benefits? |
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Generally dependent children
under 18, and those who still attend high school
are entitled to social security disability
benefits. |
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8. I have been awarded
Social Security Disability Benefits, but I can’t
live on the amount I get from my Social Security
Disability and/or SSI benefits. Can I get more
money from Social Security Disability benefits? |
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Possibly, if your monthly
rate is below the federal poverty line. |
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9. How long will my Social
Security Disability Benefits are paid to me? |
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Until you are no longer
disabled or you return to work. |
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10. I am a mother taking
care of my kids and I use to be employed. I have
become disabled can I get Social Security
Disability Benefits and/or SSI? |
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If you were employed five
out of the last 10 years under Social Security
before becoming disabled, you will have enough
earnings in to potentially qualify for Social
Security disability benefits. If you are 31
years of age or less, the requirements are not
the same, since such individuals have not had
such a long time to work. Unless a person has
been staying home and taking care of their
children for quite a long time, however, it is
very possible that they will qualify for Social
Security disability benefits based upon their
own earnings. Also a homemaker, if poor enough,
can qualify for Supplemental Security Income (SSI)
whether he or she has worked in the past or not. |
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If you are unable to work
and meet the definition of “disabled”, please
call our office to schedule an appointment for
representation. |
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“We Care about You!”
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