Social Security Disability Law

by | Feb 18, 2015 | Law

Social Security disability law is made up of a considerable number of rules and regulations that are used by the Social Security Administration during their evaluation of applications for SSDI and SSI disability benefits as well as the amount of monthly payment that is applicable. SSD law in Clinton MS is Federal laws, and although the applications for benefits are made on a state level, state laws do not apply.

Social Security Disability Insurance provides benefits to adults who are disabled and cannot hold a full time paid job, the disability must also have been in existence for a year or is expected to last at least a year or eventually result in the death of the applicant. To be awarded SSDI benefits the applicant must have paid into the system via FICA, a payroll tax that is assessed and has yet to reach the age of retirement. SSI on the other hand is a program that serves as somewhat different purpose; it is designed to give a stipend to those who are low wage earners, are blind or are children not yet of age. SSI is available whether the applicant has ever paid into the system or not.

The requirements necessary to claim benefits:

Under SSD law in Clinton MS the applicants for either SSDI or SSI must meet very specific requirements to be eligible for benefits. If the disabled individual is applying for SSDI he or she must have enough work credits accumulated prior to becoming disabled. Work credits are all based on the earnings of the applicant; it takes $1,160 of earnings to earn one work credit. No more than four work credits can be earned in any given year. To be eligible for disability benefits the applicant must have accumulated a minimum of 40 work credits, 20 of which must have been earned during the 10 years prior to the date of the application.

As SSI on the other hand is eligible to even those who have never worked, eligibility is based on income, not work credits. An applicant for SSI must be a low wage earner with an income below what is known as the FBR; Federal benefit rate which stands at $710 monthly.

When applying for either SSDI or SSI the law demands that you provide a lot of personal information, a great deal of which has to do with the medical condition of the applicant and his or her work history. A complete dossier of all doctors’ reports, hospital stays, medications and lab results are extremely important if one wishes to be approved for benefits.

 

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