The SSI program provides benefits to people who have disabilities and have no or limited income and resources, including children under the age of 18.
The SSDI program pays benefits to people and certain members of the family if one has worked long enough and paid Social Security taxes. An adult child may also be eligible for benefits of one's earnings record if his/her disability started before the age of 22.
The Social Security Disability Insurance and SSI programs have rules in deciding if a person is considered "disabled" and that he/she is eligible for the benefits.
Disability is defined by the law as the inability to engage in any SGA or substantial gainful activity because of one or more medically determinable mental or physical impairment/s. To be eligible for the benefits, impairments should be expected to continue for at least 12 months or expected to cause death.
For a child under the age of 18 to be considered disabled, he/she must have one or more medically determinable mental or physical impairment/s, which can also be expected to continue for at least 12 months or can be expected to cause death.
A medically determinable impairment, whether physical or mental, is an impairment that is caused by psychological, anatomical, or physiological abnormalities that can be shown by laboratory and clinical diagnostic techniques that are medically acceptable. Impairment must be recognized by medical evidence, which consists of the following:
?Signs
?Symptoms
?Laboratory findings
Information about an impairment caused by abnormalities should come from "acceptable medical sources" as defined by the SSA to be considered as a medically determinable impairment. The following are the "acceptable medical sources":
?Licensed physicians, either osteopathic or medical doctors
?Licensed or certified psychologists (this includes school psychologists or other licensed or certified individuals who do the same work as school psychologists but only with a different title)
?Licensed podiatrists
?Licensed optometrists
?Qualified speech-language pathologists ("qualified" meaning he/she must be fully certified by the State education agency in the State where he/she practices, hold a Certificate of Clinical Competence given by the American Speech-Language-Hearing Association, or licensed by the State professional licensing agency).
Medical reports from physicians, psychologists, and other health professionals about an individual's impairment are needed by the Social Security Administration. Medical reports should include the following:
?Medical history
?Laboratory findings (such as x-rays, blood pressure)
?Clinical findings (such as the results of mental or physical status examinations)
?Diagnosis
?Treatment prescribed with prognosis and response
?A statement that gives an opinion about what the person with disability can still do regardless of his her impairment/s based on the findings of medical sources
The SSA considers many factors in giving benefits to individuals with disability. For you to have more chances in claiming the benefits, one should seek assistance from experienced lawyers in Social Security Disability Law Firms.
Perhaps, a law firm with notable records in providing successful results can help a disabled person obtain his/her benefits. Many Social Security lawyers are more than eager to help in your legal problems.
Social Security Disability Program
Social Security Disability is a federal government program that primarily caters the provision of disability benefits to qualified claimants in the whole United States.
The disability benefits that the federal government extends to qualified claimants are coursed through this program. Under the program, a disabled person may be eligible for Social Security Disability benefits.
Worthy to note however, that to reap the social security disability benefit, a person must satisfy the specific requirements laid. In other words, the claimant must have suffered a disability, whether physically or mentally.
The Social Security disability program has defined the term ?disability? in a technical sense. The program defines ?disability? as ?the inability of claimants to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of 12 months or more or result in death.?
Satisfying the above definition would be the foremost considerations of claimants when applying for social security disability benefits.
Before taking any action concerning your claim, it is highly advised that you seek the sound legal advice of a social security lawyer who specializes in the area of disability claims. This is to say, that your rightful claims would be put in the right track when you are well advised and represented.
Even at this very early stage of initial claims, representation may be permissive.
Going back, after assessing your qualification, filing an application for social security disability benefits can be the best way to start with.
For that, an initial claim may be filed with the local Social Security Office. There different avenues for commencing the SSD or SSI disability application. The same may be initiated
?Through phone
?By visiting the local social security field office
?Or even online
All the options have their own advantages and disadvantages. But the choice of mode for application would vary relatively to the personal circumstance of the claimants and of course the better judgment of the social security disability benefits lawyer acting as your representative.
After the initial application has been filed, a waiting period which would last for several months would be anticipated. In most cases, decision on your application or claims can take several months.
Claimants that were represented by a social security disability lawyer however, can expect that their waiting time would be far lesser than those not represented.
Besides the less waiting period, the represented claimants could possibly get the desired decision for their social security benefits claims.
These were the plus factors in appointing a representative social security disability lawyer.
Going further, when a denial is issued, three options are available. That is:
?Give up the application
?File a brand new social security claim
?Appeal the denial within the 60-day deadline and, after the appeal forms are received, completing the appeal forms out and returning them to social security promptly.
On this score, those unfortunate claimants must really seek the services of a social security disability attorney to represent them. Otherwise, they would just completely waste their time and effort asserting a claim that is out of line.
Of the three options earlier mentioned, the appeal makes most sense. Usually, moving for reconsideration of the denial of social security disability claims is the first step in the appeal process.
The resolution of this would virtually take several months. But having an expert representative social security disability lawyer by your side can fast track the appeal and streamline the process to your benefit.
With the above abstract, you can readily conclude that in each of the various stages, properly represented and informed claimants have the best chance of getting what they truly deserve.
Both Kamille Pagibigan & Claysphere Rivera 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.
Kamille Pagibigan has sinced written about articles on various topics from Accident Lawyers, Anger Control and Legal Matters. Our has a team of vigorous lawyers who have the capability in winning. Kamille Pagibigan's top article generates over 8100 views. to your Favourites.
Claysphere Rivera has sinced written about articles on various topics from Legal Matters, Accident Lawyers and Brain Injury. To help you with and other issues, you can consult with our experienced. Claysphere Rivera's top article generates over 9900 views. to your Favourites.
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