In the United States the Federal Government are responsible for administering Social Security. SSDI, Social Security Disability Insurance is one program that pays benefits to a qualified physically or mentally disabled individual on a monthly basis if the disability begins before you reach the minimum retirement age and the disabled individual cannot work. Although it is not difficult to apply for SSDI there are enough complications that many turn to a Social Security attorney in Plymouth for help.
What are the eligibility requirements?
Basically the criteria for eligibility is quite simple; the applicant must have worked for a certain number of years and paid Social Security taxes known as FICA. Although the number of years worked is important what it really means is that the applicant must have earned a certain number of work credits, a maximum of four of which can be earned in one year.
How many work credits are needed?
The amount of work credits required to qualify for SSDI is dependent on the claimant’s age when he or she became disabled. The formula is somewhat complicated but a Social Security attorney in Plymouth can determine the number. For example, if a person claims for benefits at the age of 50 they need a total of 28 credits. At 4 credits per year this equates to seven years of employment and of these seven years, five must have been in the last ten.
Not only must a disabled applicant have enough work credits, he or she also has to be suffering from a disability that meets the definition found in the Social Security “Blue Book” and the condition must be total and must be one which is expected to last at least one year or result in death.
Approval of benefits:
Regardless of your disability, once you are approved for benefits they will not begin for a full five months. Chances of approval on an initial application are remote, about 75 percent of applications are denied and have to go through at least one level of appeal, this is when having a Social Security attorney in Plymouth for help and guidance is highly recommended. Once you are approved your benefits will continue as long as you are medically unfit to work.
If you are denied benefits you have the right to appeal; the appeal process includes a request for consideration, a hearing with an administrative law judge as well as the Appeals Council.
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