Types of Disability Benefits
Understanding Disability Benefit Programs
If you have become disabled, you may be confused about what programs are out there and which ones you may qualify for. Our experienced disability benefits lawyers at Hiller Comerford Injury & Disability Law can help you sort out your options.
We help clients pursue the benefits they deserve. Contact us for a free consultation to discuss whether you are eligible for any of the following:
- Social Security disability (SSD) insurance benefits: These benefits are available to people who have paid enough FICA taxes into the system, and have since become disabled from working.
- SSD when you are 50 or older: SSD is available to everyone who meets the eligibility requirements regardless of age, but certain criteria for proving inability to work are relaxed for older applicants.
- SSD widows and widowers benefits: If your spouse was eligible for SSD and has died, you may be entitled to disability benefits on his or her record if you have become disabled within seven years of the date of death.
- SSD adult child benefits: Children of people who are eligible for SSD, deceased or retired may be entitled to benefits if they became disabled before the age of 22.
- SSD benefits for dependents: If your SSD claim is successful, you may be entitled to an additional monthly amount to help you care for your minor children or certain other dependents.
- Supplemental Security Income (SSI): If you are not eligible for SSD on your own or a family member’s work record, you may be eligible for SSI. These benefits are available to disabled adults who can demonstrate financial need.
- SSI benefits for children: The SSI program is different for children than it is for adults. Children can get SSI if they have disabilities that seriously impact their ability to function, and if they meet financial eligibility requirements.
- Veterans disability benefits: Veterans who have honorable or general discharges with a service-related disability may be eligible for benefits provided by the Department of Veterans Affairs.
- Long-term disability plans: In addition to federal government benefits, many people have employer-sponsored or privately purchased disability insurance. We help clients apply for long-term disability benefits and appeal denied claims.
Disability benefits may be available from certain other sources, such as workers’ compensation or the New York State Retirement System. Our attorneys can help you identify all possible sources of benefits. Contact us to learn more.
Types of Disability Benefits under the Social Security Act
Five major types of disability benefits are available under the Social Security Act. Each one has its own rules for qualification, which can be complicated. Both Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) provide benefits. SSDI is based on the applicant’s work history and disability while SSI is based on the applicant’s income and disability, old age or blindness.
- SSDI: Disability Insurance benefits are paid to people who have worked long enough to earn sufficient credits under the Social Security system but are now disabled.
- SSDI: Disabled Widow’s, Widower’s or Surviving Divorced Spouse benefits are paid to people who meet certain age and other requirements. The deceased spouse must have been insured through his or her work record for the living spouse to qualify for coverage.
- SSDI: Childhood Disability benefits are paid to people who are at least 18 years old and became disabled prior to the age of 22. The payment to the child is based on the earnings record of a qualified parent who is retired, disabled or deceased.
- SSI: Supplemental Security Income benefits are paid to low-income recipients who are disabled, blind or elderly and have limited resources.
- SSI: Child’s Disability benefits are paid to children up to age 18 who are disabled or blind and whose families meet certain criteria concerning income and resources.
Determining Whether You Qualify for Disability Benefits
SSD insurance benefits are the lynch pin of the Social Security disability system. Employees and their employers pay into the Social Security system through payroll taxes, and in return, they are entitled to benefits if they become disabled.
This program is sometimes referred to as SSDI (for Social Security Disability Insurance) or DIB (for disability insurance benefits). All of these terms refer to the same program. In order to be eligible for benefits on your employment record, you need to meet the following criteria:
- You must not be working full-time or earning more than $1000 per month.
- You must show either that 1) you meet the criteria for a listed impairment, or 2) that you have a disability that prevents you from doing any work you have done within the last 15 years as well as any other jobs existing in significant numbers.
- Your disability must last or be expected to last at least 12 months or be expected to result in death. This does not mean that you have to wait a year to apply. If you meet these criteria and have worked enough quarters to qualify for Social Security disability insurance, the lawyers at our firm can help you apply for disability benefits and appeal your claim through the system if it is initially denied.
Kenneth Hiller’s Interview Segment: Disability Benefits
Watch Kenneth Hiller in his latest interview, discussSocial Security Disability benefits, as well as the difficulties claimants deal with in getting approved, and why Hiller Comerford Injury & Disability Law can help you through the process and get you the benefits you are entitled to. If you are thinking of filing for disability benefits, or if you have had a claim denied, call us today at 1-866-HILLER-LAW to schedule a free consultation.
How Does The Social Security Administration Define Disability?
Watch this video by dedicated Buffalo disability attorney Justin Goldstein, Esq. as he explains how the Social Security Administration defines disability.
I’m often asked how Social Security defines disability. Social Security looks at whether your mental and physical impairments cause the inability to work or the inability to perform substantial gainful activity and whether these conditions last for twelve months or are expected to last for twelve months to go into more depth.
Social Security has five steps that they go through to determine whether you meet this definition of disability. First, Social Security looks at whether you’re working and if you are working. Whether you’re working low substantial gainful activity for 2022.
This amount is $1,350 per month. If you’re working below that amount or not at all. Social Security looks at your mental and physical impairments to determine whether you have any work-related limitations.
If you have work-related limitations resulting from those impairments, Social Security looks at whether you meet one of their medical listings or if you’re per se disabled under their rules. This is step three of the process where Social Security has certain medical conditions.
If you have certain medical findings and you can be found disabled just based upon what your doctors say, if your conditions do not meet those step three medical listings, Social Security then looks at your past work and whether there’s other work in the national economy that you can perform at the substantial gainful activity level.
So first, Social Security looks at whether you can perform your past work at step four. If you’re unable to perform your past work, then Social Security looks at whether there’s other work in the national economy at step five and whether you can perform that work at a level of substantial gainful activity.
Generally, we must prove that your physical and mental impairments cause the inability to work at the level of substantial gainful activity. If you have any questions on how to build a strong case, please call us, and we’ll answer all your questions and provide a free consultation.
Understanding Where Your Insurance Benefits Come From
Many people think of Social Security disability benefits as a kind of welfare and are reluctant to apply for them for that reason. But Social Security disability is not a government handout. It is an insurance program for people with a work history.
The money you have paid over the years in Social Security taxes entitles you to insurance against long-term disability, just as if you signed up with a private insurance company.
At Hiller Comerford Injury & Disability Law, PLLC, we represent clients who are seeking Social Security disability benefits. Contact us today to set a up a free consultation with one of our experienced attorneys.
Recent Review
“I am a Marine Corp veteran who turned to the Law Offices of Kenneth Hiller for help and assistance with filing a disability claim. Even though I am a college graduate I still couldn’t fully understand the process. The attorneys who represented me treated me with kindness and patience. They helped me understand the process and the results were very favorable.” – Jason Watson