If you are disabled, you may qualify to receive Social Security disability insurance (SSDI). If you believe you were wrongfully denied benefits or you need assistance with applying, contact a Dunn Social Security disability attorney today.
Qualifications for Social Security Disability Insurance
There are two ways a person can qualify for SSDI. Since this program is funded by contributions that employees make to the Federal Insurance Contributions Act (FICA) or Social Security trust fund, the first way to qualify is if an individual paid, in recent years, some of those taxes.
Additionally, an individual must have also worked long enough and paid enough into Social Security taxes to be covered under SSDI. If there are questions or concerns surrounding eligibility, an attorney may be able to help.
A second way that an individual may qualify for SSDI is if an individual is medically disabled, earning less than the Substantial Gainful Activity (SGA) level or not working at all. There are criteria that must be met in order to be considered medically disabled and to be considered earning less than the SGA level.
Determining Medical Disability
There are several considerations that will factor into determining whether or not an individual is medically disabled, such as the following:
- mental or physical impairment has lasted or is expected to last a year or longer;
- medical condition is expected to result in death;
- impairment is severe, which interferes with ability to do basic tasks such as lifting, standing, sitting, reaching, pulling;
- medical condition is found in SSA’s listing of impairments or is equivalent to listed impairments;
- ability to perform work previously done is limited; and
- based on age, past work experience and education, ability to transfer skills to do another type of work.
Although SSDI is generally provided to those who are disabled, there may be other circumstances in which these benefits are allowed. For instance, wounded warriors, widows or widowers of a disabled worker, and individuals who are blind or have low vision may also qualify.
Continued Eligibility for Social Security Disability Insurance
Although you may qualify to receive SSDI, you will need to remain eligible. This means as long as you are medically disabled, you will be able to receive benefits.
This may change, however, if your condition improves to a point where you are no longer considered disabled. In addition, some individuals decide they would rather go back to work than try to live on disability benefits.
Periodically, SSA will review your case. This is to determine if you still qualify for SSDI. However, if your condition improves or you decide to go back to work, it is up to you to let SSA know.
Contacting a Dunn Social Security Disability Attorney
Even if you qualify to receive Social Security disability insurance, there is the chance that your claim could be denied. It could be for a number of reasons, including not having the appropriate information or medical records. You may be able to prevent an initial denial by seeking legal counsel from the beginning.
If your claim has been denied, you will definitely want to speak with an attorney. The team of Social Security disability attorneys at Brent Adams & Associates serves residents in Dunn, Fayetteville, Raleigh, and other areas throughout the state of North Carolina.
Since the claims process can be complicated and time-consuming, you don’t want to further delay your case by not having the necessary documentation. An attorney can help in making sure you have everything you need. Contact us today to schedule a FREE consultation to learn if you qualify for SSDI or what legal options may be available if benefits were denied – 1-800-849-5931 or 910-892-8177.