The benefits related to Social Security Disability (SSD) were brought to existence for individuals with injuries or disabilities that hinder their ability to temporarily or permanently work. SSD compensation payments are then provided to the individual based on how their inability of work is perceived.
These cases involve an intense amount of legal work due to the large number of required federal regulations and eligibility requirements. As a result, such cases are highly complex and unpredictable, with several cases resulting in denials since mandatory regulations were not followed.
An individual’s Social Security benefits depend on their insurance and earning credits record since they are provided from the Social Security Tax fund. The earnings of an individual should be recent and substantial enough to have contributed to the social security system to claim benefits. The individual filing the claim must provide work history and proof of tax payments known as “work credits”.
Other than an individual, a third party may also make a claim to SSD on behalf of a disabled worker. This often occurs in cases concerning the death of an individual. If the deceased regularly paid their Social Security Taxes and earned enough credits, his or her family may fight for the eligibility of survivor benefits.
You will find the following information on Social Security Administration website, http://www.ssa.gov.
“We pay disability benefits under two programs:
The Social Security disability insurance program pays benefits to you and certain family members if you worked long enough and paid Social Security taxes. Your adult child also may qualify for benefits on your earnings record if he or she has a disability that started before age 22.
The Supplemental Security Income (SSI) program pays benefits to disabled adults and children who have limited income and resources.
SSI benefits also are payable to people 65 and older without disabilities, who meet the financial limits.
For most people, the medical requirements for disability payments are the same under both programs and disability is determined by the same process.
Whether you apply for Social Security or SSI disability, we ask you for information about your medical condition, work and education history to help us decide if you are disabled under our rules.”
Source Social Security Administration website, http://www.ssa.gov.
Determining your qualification for SSD
The eligibility criteria are complex, resulting in applications being exposed to the risk of rejection. SSD benefits are initially dependent on an individual’s disability, injury or illness and credited upon providing proof that the tenure of the condition will be more than one year.
It also depends upon providing evidence that the individual is unable to continue working and is unable to find employment in a new domain. The claim should be backed with a large amount of work credits so that the chances of disqualification can be minimized.
If you can answer “Yes” to any of the following questions, your rights should be protected by the Social Security Administration
- Is your mentally or physically impairment severe enough that it hinders you from working?
- Is your disability (physically/mentally/education/age/impairment) severe enough that it hinders you from working, not only in the domain of your latest job, but also in any other capacity?
- Is your disability expected to last at least 12 months?
An applicant can be subjected to disqualification. Considering the large number of applications, the number of denials in the initial phase increases. Any missing information provides agencies with the ability to deny an applicant. If an application is denied in the initial phase, the individual has 60 days to file a claim. Going unprepared to the appeal of denial has even more risks of the case being permanently closed or disqualified.
Most of the disqualifications are a result of:
- Insufficient medical records
- Insufficient work history
- Unfamiliarity with the SSD process
- Unfamiliarity with the proper procedure and eligibility criteria
- Unfamiliarity with the mandatory federal and legal regulations
At Social Security Lawyers of Nevada, we treat your Social Security case with the same care and dedication that we would want for ourselves or our loved ones. We have successfully secured millions in SSD benefits for clients in need. Our goal is to support injured individuals throughout Las Vegas by maximizing their chances of a successful application, ensuring they achieve financial stability and personal well-being.
If you are looking for experienced and knowledgeable assistance with Social Security disability, contact our firm today.