If people become disabled due to certain incidents of physical or mental ability, it may hinder them from going back to work. They may no longer be able to complete their daily tasks that their job entails. Since this can be a way someone supports themselves or their family, it could greatly impact someone’s life. In order to keep their family afloat, they will need to seek alternative solutions to their financial needs. If you are going through this dilemma, you may qualify for social security disability. In order to explain your situation and see if this works for you, contact our legal professionals for a consultation.
Do I qualify for social security disability?
To qualify for social security disability, individuals must have attained an insured status. In order to obtain this status, individuals must have enough earned credits by reporting a certain amount of income. There are different credits awarded depending on your income. For different age groups, there are a different amount of credits that are required to qualify someone for social security disability. A person is able to earn up to four credits a year.
For those who are under the age of 30, special rules apply involving the credits that are needed to qualify them. People who are ages 31 to 42 need at least 20 credits to qualify for disability. Individuals who are older than 42 need additional credits every year. At age 60, you need to have at least 38 credits accumulated. Your benefits can be determined by averaging your lifetime earnings.
If an individual is disabled, some of their family members may qualify for additional benefits based on the earnings they reported. There are a few members who may qualify. This includes unmarried children under the age of 19 and in high school, unmarried children if the disablement happened before age 22, a spouse if they are caring for a child under 16 or disabled and a disabled widow over age 50. Widows may only be eligible to accept disability if it occurred within seven years after the spouse’s death.
How can I apply?
When you wish to apply for social security disability, you should go to your local U.S. Social Security Administration and apply to the process there. However, you should wait at least six months after the onset of your disability. This is only if the disability is not life-threatening. You may only receive retroactive benefits one year prior to the date that you filed your application. The disablement date must be within five years from the date in which you last worked and you must have earned 20 credits within the last 10 years.
By visiting a doctor to get checked out, you will guarantee that your disability is documented. This can help to prove your case to acquire benefits for social security. It will also provide the date your disability was acknowledged, which can be an important factor in the process of applying.
What if I’m denied social security disability?
In the event that you are denied the benefits associated with collecting social security disability, you have the right to apply to the Social Security Appeals Council. You must send in a written request within 60 days of your denial. The case may be approved by a third party or may require a hearing. If you are denied yet again, you can appeal to federal court. However, if you are denied by the federal court, you can no longer take legal action.
MW&M is comprised of an experienced team of attorneys focusing on legal matters of personal injury, workers’ compensation, Social Security Disability, product liability, and wrongful death in Delaware. If you require an effective attorney to guide you through these difficult legal matters, contact MW&M today to schedule a free case evaluation.