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Do You Qualify for Disability Benefits? | The Sam Bernstein Law Firm

Do You Qualify for Social Security Disability Benefits? | International Day of Disabled Persons

December 3, 2018

The annual United Nations International Day of Persons with Disabilities (IDPD) will be observed on Monday, December 3. This day has been commemorated around the world since its establishment in 1992. This year, IDPD will be celebrated at UN headquarters in New York. There, member states, UN entities, mayors, national and local policy makers, civil society organizations, academic institutes and organizations of persons with disabilities will gather to discuss the way forward for inclusive, equitable and sustainable development. The theme for this year’s event is “Empowering persons with disabilities and ensuring inclusiveness and equality.”

If you or a loved one has a disability, you already know the challenges a disability brings to the entire family. Activities that used to be effortless are suddenly difficult, if not impossible. What used to be a pleasant walk around the block may seem like an arduous journey. For those with brain damage, doing a crossword puzzle or even carrying on a simple conversation may be an insurmountable task.

Social Security Disability Benefits – Are You Eligible?

You may be wondering if you or your family member qualifies for Social Security disability benefits. If so, receiving income to replace the wages you are no longer able to earn can help ease the strain you are likely experiencing.

How do you determine what benefits you are eligible to receive?

Applicants must meet several criteria. First, your disability must fit the definition established by the Social Security Administration (SSA). Disability benefits are only paid in cases of total disability. No benefits are payable for partial or short-term disability.

SSA law defines disability as:

The inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.

Types of Social Security Disability Benefits

Here are the basic categories of disability benefits. However, because each type of benefit has its own eligibility criteria, it is wise to hire an experienced Social Security disability lawyer to help you determine which benefits to apply for.

Social Security Disability (SSD) benefits (also known as Social Security Disability Insurance (SSDI), Title II Benefits, Disability Insurance Benefits (DIB) and Retirement, Survivors, and Disability Insurance (RSDI) are designed for workers who have a long-term disabling injury or illness. There are several criteria an individual must meet to qualify for these benefits.

Supplemental Security Income (SSI) Benefits (also known as Title XVI Benefits) are need-based programs for disabled children and adults with limited income. While the eligibility criteria to be found disabled under each benefit category is different, the requirements of disability under the law for each benefit category are identical.

How a Social Security Disability Lawyer Can Help

A good Social Security disability lawyer can also help you complete the volume of required forms and file them according to SSA deadlines and specifications. Your lawyer will also determine a strategy and legal arguments that best supports your claim and help you obtain the necessary documents in accordance with SSA regulations.

Disability benefits claims are often denied, even for people who meet the eligibility requirements and file their applications in a timely manner. When this happens, a knowledgeable lawyer will handle your appeal and represent you in court should that become necessary.

“Applying for Social Security disability benefits can be overwhelming for many people,” said Mark Bernstein of The Sam Bernstein Law Firm. “Our experienced lawyers will make sure you receive the benefits you are entitled to under the law.”

Social Security disability law is complicated, but finding the right attorney is simple. If you are applying for Social Security disability benefits for the first time, or if your initial claim has been denied, call us so we can go to work for you.

Call 1-800-CALL-SAM today for a free no-obligation consultation.

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