Social Security Disability
The U.S. Social Security Disability Insurance system protects all workers under the age of sixty-five years against loss of earnings due to disability. Social Security disability claims are different from workers' compensation claims, in that the cause of the workers' injury is irrelevant in a claim for Social Security disability benefits. The main issue is whether the injury prevents a person from being able to work, regardless of the cause of the injury. If you have been severely injured in a workers' compensation case, you may be eligible for other benefits under Social Security Disability.
To make a claim for Social Security Disability benefits, a worker must meet certain requirements, including strict definitions relating to the severity of his injuries. Social Security disability requirements can be complicated and hard to understand, and sometimes claims can be denied, requiring that the injured person make an appeal. The counsel of a personal injury lawyer with experience in Social Security disability cases can greatly help with these kinds of claims.
Types of Social Security Disability Benefits
There are several different types of Social Security disability benefits available to claimants under Title II and Title XVI. They include:
Benefits for Disabled Individuals (Title II)
Disability Insurance Benefits are given to individuals who have worked in recent years but are now disabled. To receive Social Security Disability Insurance Benefits, an injured worker must generally have worked for five out of the last ten years in most cases and be totally disabled. If you are injured, have not worked for a while and are concerned that you may not be eligible for benefits, consider speaking with an NC Social Security disability attorney today. Your first conversation with us is free.
Benefits for Disabled Adult Children (Title II)
Adult children of qualified workers who have paid into the Social Security system may be eligible for disability benefits under Title II. The adult child must be at least 18 years old, have a qualified worker as a parent, and prove their disability began prior to their 22nd birthday. A social security lawyer can counsel you on the particulars of your particular situation if you believe you might qualify for Disabled Adult Children (DAC) benefits.
Benefits for Disabled Widows or Widowers (Title II)
Individuals who have become disabled within seven years after the death of their insured husband or wife and are at least fifty years of age may be eligible for Disabled Widow's or Widower's Benefits. The deceased husband or wife must have paid into the Social Security Insurance system long enough to be insured. The widow or widower must also have been found to be disabled before the end of the month before he or she turns sixty years of age.
Benefits for Surviving Divorced Spouses (Title II)
Individuals who have become disabled after the death of their insured ex-husband or ex-wife and are at least fifty years of age may be eligible for Surviving Divorced Spouse Benefits. The deceased ex-husband or ex-wife must have paid into the Social Security Insurance system long enough to be insured. The surviving divorced spouse must also have been found to be disabled before the end of the month before he or she turns sixty years of age.
SSI Adult Disability Benefits (Title XVI)
If an adult child of an insured worker becomes disabled for the age of 22, he or she may be eligible for benefits under Title XVI. SSI Adult Disability Benefits are similar to Benefits for Disabled Individuals, in that to qualify, the child must be disabled and not be capable of Substantial Gainful Activity. However there is a resource threshold for SSI Adult Disability Benefits. Your Social Security disability lawyer can help you understand more about whether you may qualify for these type of benefits.
SSI Child Disability Benefits (Title XVI)
Child disability benefits are available under the Supplemental Security Income (SSI) program for children under the age of eighteen (18) years who are disabled and also impoverished.
Substantial Gainful Activity (SGA)
Substantial Gainful Activity (SGA) is a performance measure used by Social Security Disability caseworkers to evaluate your ability to perform work for pay. SGA is defined by the SSA as “the performance of significant physical or mental activities in work for pay or profit (Source: Social Security Administration, Ruling 82-53, “Titles II and XVI: Basic Disability Evaluation Guides).”
SGA is a resource threshold which changes every year in line with cost-of-living and other adjustments. The current SGA resource threshold is $900 per month for non-blind individuals and $1500 per month for blind individuals.
