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[S665]Social Security Disability Insurance

by Lala C. Ballatan, Lal

•Social Security Disability Insurance Benefits Program or SSDI Benefits – authorized by the Social Security Act, Title II and is geared towards providing benefits to workers with disability and / or their dependents and surviving spouses or children.

•Supplemental Security Income program or SSI – authorized by the Social Security Act, Title XVI and aimed at giving benefits to individuals with disability whose assets and income are below a particular level.

History of Social Security Disability Insurance (SSDI) Benefits

It was in the year 1935 when the U.S. federal government set up a program geared towards providing elderly employees of commercial and industrial sectors with retirement benefits. The scheme of this program is enacted through the Federal Insurance Contributions Act or FICA, setting up a federal retirement fund that the employees are required to pay into. The employees remit into this fund through a regular deduction on their salary.

It is the Social Security and the Medicare programs that are funded after the withdrawal of FICA tax from the employees' salaries. Meanwhile, self-employed citizens can contribute to the FICA because of the federal tax returns.

By 1956, some protection policies covering the "involuntary retirement" options on the basis of disability were established. An individual, even if he / she has been forced to stop working because of a disability may still have access to the disability insurance. It would depend, however, on the period he / she have paid FICA taxes.

Objectives of SSDI

The main objective of the SSDI is to replace the regular income being received by people who have acquired a disability and can no longer work at all or hold down his/her present work, provided that he / she has remitted adequate FICA taxes.

Under the SSDI, different kinds of benefits are provided for family members when their major wage earner have acquired a disability or died.

The SSDI program is being financed by the Social Security taxes being paid by employees, employers and self-employed individuals. SSDI benefits can be paid to workers with disability, widows or widowers, and children or disabled since childhood adults if they are eligible.

Availing SSDI benefits

The Social Security has a particular definition of disability that need to be met in order to become eligible to receive SSDI benefits. The main requirement to gain medical eligibility under the SSDI program is the inability by an individual to perform any kind of Substantial Gainful Activity or SGA for 12 months or more.

This medical definition of disability is also the requirements used to become eligible under the Supplemental Security Income (SSI) program.

Determining disability

The person with disability should have been unable to perform SGA due to an impairment affecting the physical or mental capacity and is medically determinable. The impairment can also either be expected to last continuously for at least 12 months or result in death.

Receiving benefits

After meeting the requirements given by the disability evaluation and the disability is already proven, the payments of SSDI benefits will commence. The beneficiary needs to wait for a period of 5 months since it is during the sixth month after the disability began that benefits payment start. It will continue up to the second month's end of the disability.

The prospect of not being able to workand provide for yourself or your family is frightening. Fortunately, ourgovernment has programs that can provide for you in the event this becomes areality. The Social Security Administration (SSA) has two programs that may beable to assist you if you should become disabled.

Accordingto the Social Security Administration, a 20-year-old worker has a three-in-tenchance of becoming disabled before reaching retirement age. In Texas alone, a total of over a quarter million nonfatalinjuries and illnesses were reported by private industry workplaces in Texasduring 2007 (Texas Department of Insurance). The prospect of not being able to work and provide foryourself or your family is frightening. Fortunately, our government hasprograms that can provide for you in the event you are unable to work. TheSocial Security Administration (SSA) has two programs that may be able toassist you if you should become disabled.

SocialSecurity Disability Insurance (SSDI): SSDIpays monthly benefits to you and certain family members if you worked longenough and paid Social Security taxes. These benefits are paid out from SocialSecurity payroll taxes collected from all workers. It is intended to support you until yourdisability improves and allows you to work again, but will also cover you inthe event you cannot return to work. Ifyou have any dependents under 18, they may also be eligible to receivebenefits.

Toqualify you must:

- Meet the definition of disabled asdefined by the SSA, AND

- Be under the age of 65, AND

- Have worked 5 out of the last 10 years

SupplementalSecurity Income (SSI): Thisis a income supplement in the form of a monthly stipend intend to help aged,blind, or disabled people with little or no income. These benefits, althoughadministered by the SSA, are paid from the U.S. Treasury, not the SocialSecurity trust. (The idea is that only those who have contributed to the trustshould be able to withdraw from it). This benefit may be available to thosethat may not be eligible for SSDI.

Toqualify you must:

- Meet the definition of disabled asdefined by the SSA, OR

- Be blind, OR

- Aged (a person 65 or older), AND

- Meet certain minimum incomerequirements

It?simportant to note that the SSA offers benefits only for total disability, thatis, they will not offer benefits for partial or short-term disability. Thedefinition of disabled according to the SSA is to: Have a physical or mentalcondition that prevents one from engaging in any "substantial gainfulwork,? and the condition is expected to last at least 12 months or result indeath.

Ofthese two types of support, Social Security Disability Insurance is typically thebenefit a worker who has become disabled should seek. If you are disabled andunable to work it is advisable to apply for and file a claim for SocialSecurity disability benefits as soon as possible. The process can becomplicated and is often lengthy?people can quickly findthemselves in financial and/or emotional distress simply because they had noidea how long the process would take or how difficult it would be.

The use of an attorney cangreatly increase the chances of your claim being approved. The Malaise Law Firmhelps citizens in Texas get their Social Security disability claims approved. Askilled Dallas Social Security attorney or their Houston SSI lawyers caneducate and support you. They also serve clients in the San Antonio andsurrounding area. The Malaise law firm can help you even if your first attemptat a claim was denied. Either way, an experienced professional can get throughthe red tape and help you receive the benefits you are entitled to.

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Both Lala C. Ballatan & Tiffany are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

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