Your right to federal social security disability benefits is governed by laws established by the United States Congress. You can also learn more on our website. Federal agencies and courts evaluate your entitlement to the disability benefits. Federal social security disability benefits are intended to pay cash benefits to people who are unable to work for a year or more because of a disability. There are two types of benefits involved here. The first is Social Security Disability Benefits (SS). To qualify for these benefits, you must have worked and paid social security taxes. The second is Supplemental Security Income (SSI) benefits. Supplemental security income benefits are generally lower than social security disability benefits. Unlike social security disability benefits, you may be entitled to supplemental security income benefits even if you have never worked or paid social security taxes. These benefits are based upon financial need. In some cases you may be entitled to both Social Security Disability and Supplemental Security Income benefits. The benefits are intended to provide a continuing income to an injured worker and their family when they are unable to do so.
…More specifically, the law provides that when a worker becomes disabled by having a severe mental or physical impairment which prevents the worker from any type of work and (a) has lasted for at least one year or (b) is expected to last for at least one year or (c) is expected to result in death, he or she may be eligible for social security disability benefits. It is important to understand that Social Security is based upon the inability to work. The system does not provide for partial disability or for short-term disability. The disability benefits continue as long as the disability continues.
…There are many factors which will be considered in determining your entitlement to the benefits. The severity of your physical or mental impairments, your age, your education, and your past work may all be considered.
…To apply for your social security disability benefits, you may call (800) 772-1213 to request an application or speak to a local oviedo personal injury law firm. You should also call and apply at the Social Security Office nearest to your home. If you are denied benefits, you should consider requesting reconsideration of the denial. If reconsideration is denied, then you should consider requesting a hearing in Federal District Court. In Federal Court, your disability claim will be heard by an Administrative Law Judge. There is no jury system for Social Security Benefits.
…Once your disability benefits are awarded, you will receive a monthly benefit calculated on your earnings while you were working. By contacting your local social security office, you may obtain a Personal Earnings and Benefit Estimate Statement which will give an estimate of your benefits. Other benefits (such as workers’ compensation, government pensions, etc.) you have received will be considered in determining your monthly benefit.
…In addition to the monetary benefit, you may be entitled to Medicare benefits as well. The benefits will continue as long as you remain disabled. Your disability may be occasionally reviewed to determine if you are still disabled. Visit our website for more information.
