You may have heard of social security, but how much do you know? Millions of people across the country receive benefits from social security.
- However, retirement benefits are only one part of social security. Social security also provides disability and survivor benefits. It also helps with Medicare. By and large, social security encompasses a wide range of social assistance.
- Administered by the Social Security Administration (SSA), disability benefits are monthly payments made to qualifying recipients. These benefits have helped countless individuals and their families. Such social security benefits can be a saving grace for many adults and children alike.
- However, these benefits are not easily obtained. Disability benefits are delivered based on very strict qualifying criteria.
- When applying for these disability benefits, there are many factors to consider. For instance, an applicant must be honest about a disability. Not all impairments and medical conditions are considered disabilities.
- This is why it’s important that applicants are prepared. You should never walk into a Social Security Office Naples FL location with false expectations.
The SSA is a federal governmental agency. It does not easily disburse benefits. It carefully and closely evaluates every benefits claim it receives. Some statistics indicate that as high as 70% of initial applicants are denied.
The denial rate for appeals may be even worse
The application process is very difficult. It does not leave a lot of margin for mistakes and errors. If an applicant does not provide accurate information in the correct fashion, that applicant may get rejected. This is why disability attorneys are so crucial.
The Social Security Disability Attorney Naples FL Deserves
The Social Security Administration (SSA) pays benefits through separate and well-defined programs. If you are disabled, you may be eligible to receive benefits under at least one of these programs. However, both programs rely on the same, stringent definition of disabling conditions.
The total disability must be medically determinable. It must be supported through medical examination and evaluation. It must also exhibit noticeable abnormalities in the body and/or brain. The requirements for this disability definition are based on severity and duration.
The SSA’s Disability Definition
As of today, the SSA requires that a disability:
- Prevents the applicant from engaging in substantial gainful activity (SGA)
Has lasted, or is expected to last, for at least 12 continuous months
Is expected to lead to death
- Of course, these terms are easier said than met. For instance, the term “substantial gainful activity (SGA)” has a very specific meaning. This refers to a monthly value that cannot be exceeded.
- If a disability applicant earns more than this amount in a month, he or she is said to be engaging in SGA. This can be hard to prove, which is why you need an experienced SSD Lawyer Naples can offer.
- SGA is important to the SSA because it signals a certain work capacity. When an applicant is able to earn more than a certain amount of money, an applicant is showing a certain level of work ability. Because the Social Security Administration (SSA) closely evaluates an applicant’s work capacity, this metric is very important.
- The term, “continuous” is also important and specific. The SSA will not consider you ‘disabled’ if your disability is not continuous. In other words, your disabling condition must not be short-term or partial. It cannot be intermittent.
Fortunately, you can still get the Social Security Disability Naples needs and deserves. With the right social security disability attorney, you can work through the process and obtain your benefits. At Berke Law Firm, P.A. our experience with the Social Security Administration (SSA) and disability laws gives us a unique advantage.
Which Benefits Do You Qualify For?
Although the SSDI and SSI programs are distinct in many ways, they share a number of similarities. Some individuals who have a qualified disability may actually fulfill the criteria for both programs.
There are a number of important aspects of the SSDI and SSI programs:
- SSDI provides benefits to those who are disabled and “insured.” A person is insured if he or she has paid Social Security taxes throughout a particular work period.
- SSI provides benefits based on a person’s financial need, regardless of work history. SSI applicants can be disabled, blind, or aged 65 and older. Even disabled children may qualify. However, these children must come from families in financial need.
- Widows or widowers may also receive benefits, based upon the work record of their deceased spouses. Disabled individuals between the ages of 50 and 60 may also be eligible.
- Adult disabled children’s benefits are also available. These are paid to individuals who have developed a disability before the age of 22. These individuals must have either a deceased parent or a parent receiving disability or retirement benefits.
- In the end, obtaining benefits is rarely easy. It is part of an often long and complicated process. Applications are denied. Appeals are denied. Many applicants simply give up, living without the benefits they desperately need.
So don’t be just another statistic. If you need help navigating the maze, you can get that help today. Before you call the Social Security Office Naples, call the attorneys at Berke Law Firm, P.A. where we are ready to assist.