SOCIAL SECURITY DISABILITY

The United States Government pays Disability benefits under two different Federal programs. The first program is called “Social Security Disability”. The second program is called the “Supplemental Security Income”, often referred to as SSI. Both programs are administered by the Social Security Administration.

The first program, which we willcall “Disability”, operates much like Social Security retirement. People who work pay into FICA. When they retire, they are entitled to retirement benefits based on how much they have paid into FICA. Similarly, people who have paid into FICA, but who become “disabled” within the meaning of the Social Security Act, work, are entitled to Disability benefits based on the amount that they have paid into FICA over the years that they have worked. There is no means test for this type of benefits. However, there are questions about numbers of quarters worked that can complicate matters.

SSI, on the other hand, is a program for people who are disabled, but who have not worked enough, or recently enough, or enough quarters to be entitled to Disability benefits through FICA. Typical SSI beneficiaries are school children, adults who are born with a significant disability or who suffered a significant disability during childhood so that they were unable to work once they turned 18 and children of adults who are disabled and receiving benefits through SSI. In addition, there are financial means tests for SSI benefits. Some Claimants are eligible for both types of benefits. Some are eligible only for one type or the other. That is a technical question determined by the Social Security Administration.

The definition of “Disability” either for the purpose of regular Disability benefits or SSI is also a technical question. Disability can arise from physical impairments, from mental or emotional conditions, or by a combination of impairments and conditions. Physical impairments can arise from injuries or illness or both. It can be complex to determine whether a Claimant is “Disabled”. Just being unable to do prior work as a result of an injury, for example, does not necessarily mean that an individual is disabled. Sometimes it does, but sometimes it does not. Age and work history can be important factors.

Certain impairments are automatically disabling regardless of the Claimant’s age. However, such impairments have to be well advanced and severe before benefits are due. There are specific criteria which must be met. Most cases where Disability benefits or SSI benefits are paid are not cases in this category. Most cases depend on a number of factors. These include the Claimant’s medical conditions and impairments, the treatment received for those conditions, the Claimant’s age, and the Claimant’s prior work experience.

Social Security Law is set down in the United States Code and is governed primarily by the Code of Federal Regulations and by Rulings and decisions made over the years by SSA and the various Federal Courts. It is a complicated body of law and it is prudent for any Claimant to seek the advice and assistance of an experienced attorney.

The amount of money an attorney can earn on a Disability/SSI case is controlled by the Social Security Act. The attorney is only entitled to a fee if the Claimant receives Disability benefits or SSI from the Social Security Administration. The attorney is entitled to 25% of back benefits up to a maximum of $5,300.00. Average fees are not that high. The attorney is paid directly by the Social Security Administration. Consultations are free.

Please call Attorney Tony Hopkins at (717)299-3726 to discuss your Social Security Disability or SSI concerns at any time.