Social security disability insurance law focuses on improving the lives of physically disabled people who are unable to work due to a disability. It can be on a temporary or permanent basis, depending on the extent of an individual's disability. Social Security Disability is also known as Disability Insurance Benefits (DIB) and Title II benefits.
Providing a certain amount of income replacement to individuals with disabilities is the primary purpose of this program. To be eligible for Social Security Disability Insurance, one must prove that he/she is disabled and has worked or contributed to the social security system within a specific timeframe before becoming disabled. The Social Security Disability insurance program is funded by payroll contributions and is then allocated to the program trust funds.
A payroll tax-funded federal insurance program of the United States government is known as Social Security Disability Insurance (SSDI). The Social Security Administration is responsible for its management.
Eligibility Requirements for Social Security Disability Insurance:
Social Security Administration states that a person will be eligible for Social Security Disability Insurance if,
1. He/she cannot work as before,
2. He/she has a physical condition that prevents him/her from engaging in "gainful activity" to earn a living
3. He/she has a disability that is expected to last for a year or has lasted for a year,
4. He/she has a disability, which may result in death
5. He/she cannot do any other type of work due to their medical condition
Things to remember before applying for SSDI:
1. Complete Application:
The initial application is very involved and requires that you submit in detail, your employment and medical history as well as financial information. It is important that all of the requested information be completed in order for your application to be accepted. An attorney may help to answer any questions you may have regarding the application.
If the social security disability insurance application form is not properly filled out, it will most likely be rejected. Since this is a frequent occurrence, a better option may be to contact an attorney to assist you. An experienced attorney will not only help you apply correctly, but will also file for reconsideration, should you be denied benefits.
3. The Administrative Law Judge hearing:
Should you be denied after first application and also at reconsideration, the social security disability lawyer Massachusetts will file an appeal for a hearing before an Administrative Law Judge.
New Disability Determination Process:
Social Security Administration issued a final rule in March 2016 that provides a new process to improve the decision making of Disability.
1. Quick determination process establishment for persons who are disabled. The maximum time allotted is 20 days.
2. They are retaining the right to request a hearing and new decision from an Administrative Law Judge if the claimant disagrees with the conclusion of the Federal Reviewing Official.
3. Creating a new body—the Decision Review Board —to review and correct decision errors and ensure consistent adjudication at all levels of the disability determination process. The current Appeals Council will be phased out.
Ladas Law Firm, P.C.
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