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The U.S. Social Security Administration (SSA) provides benefits for anyone with a disability lasting at least one year, but sometimes the administration denies Social Security Disability Insurance (SSDI). To challenge a denial, it may be best to have the competent legal representation that an experienced attorney could provide. A Delray Beach SSDI lawyer may be able to offer you the proper guidance and legal counsel you deserve.
Disability Insurance Defined
The SSA defines disability more strictly than do other insurance plans. A person must be totally disabled for at least a year with a possibility the disability will result in death. Partial or short-term cases may not qualify. The severity of the disability must also interfere with performing the work they performed prior to their disability.
A person can work but they must be earning less than $1,170. Otherwise, they are not considered disabled. However, a person can work and still collect disability payments, but special rules apply, such as working on a trial basis. Those who cannot work can apply for benefits at SSA’s Disability Determination Services office. Speak with a Delray Beach SSDI lawyer to learn more.
Rules of Eligibility for SSDI
In addition to the disability itself, social security has rules to determine who is eligible for SSDI. The applicant must have at least 10 years of paying into the social security system, usually through the Federal Insurance Contributions Act (FICA) payroll deductions.
Disabled spouses of deceased social security beneficiaries may claim the beneficiary’s social security benefits but cannot claim survivor and disability benefits together. They may receive the highest of the two.
Disabled children who are 18 and younger, or 19 if the child is a full-time student, may claim a deceased parent’s social security. Adult children disabled before age 22 can receive SSDI but they must meet the disability criteria. Unmarried, adopted, and in some cases, step-children may receive disability benefits if the disability occurred before age 22. Contact a Delray Beach SSDI lawyer to learn more about the rules of eligibility for SSDI.
Denials of Social Security Disability Insurance
If answers to questions on the application are inadequate, information is missing, or the income level is more than allowed, the SSA may deny disability insurance benefits. Often this happens for first-time claims.
Other reasons for denying a claim are insufficient medical or behavioral proof of disability or failure to submit to the mandatory consultative medical or mental health assessment or to take prescribed treatments or medicines. Healthcare professionals who performed the assessment may also challenge the claim.
How a Delray Beach SSDI Attorney Can Help
People denied social security disability insurance may contest the decision. A Delray Beach social security lawyer from Kogan & DiSalvo could prepare the insurance application and represent an individual at the various stages in their case.
Call to set up a free consultation to see how a could strengthen your case.
