1. How Is Disability Defined Under The Law
The law defines disability as the inability to engage in any substantial gainful activity due to a physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of at least 12 months.
2. Am I Insured For Purposes of SSDI?
If you are over age 31, you will be insured for purposes of social security so long as you have worked five out of the last ten years immediately preceding your disability onset date.If you are under age 31, you will generally be insured so long as you have earned credits in one-half of the quarters elapsing after you reach age 21 up to the date that you became disabled.If you have questions about whether you are insured for SSD, call your local Social Security Office or the Social Security Administration at 800-772-1213.
3. Are Spouses Insured For SSD?
In most cases, Disabled Widow's and Widower's Benefits are paid to individuals who are at least age 50 and who become disabled within a certain amount of time after the death of their husband or wife, so long as the deceased spouse was fully insured under the Social Security Act.
4. Disabled Adult Children
Dependent children of insured elderly, disabled or deceased workers are entitled to child's benefits up to the age of 18 based solely on their relationship to the worker and their age.Dependent children who are disabled and cannot work can collect SSD benefits based on their parent(s) earnings so long as 1) he is the child of an insured worker; 2) was dependent on the worker; 3) files an application; 4) is unmarried and 5) must be under a disability that began before age 22.
4. Is Age A Factor In The Disability Process?
Yes, age matters in social security disability cases.If you are over age 50, you have a better chance of having your application for benefits granted because the SSA assumes that as people get older, it is more difficult for them to switch to a different job or learn a new job skill.
5. The Disability Waiting Period
As a general rule, you will not be paid SSDI benefits for the first five months of disability.SSI benefits are payable the first month after your application is filed.
6. How Long Does It Take To Get A Hearing?
Although the time it takes to schedule a social security disability hearing varies, in our experience individuals residing in Allegheny, Beaver, Butler, Fayette, Greene, Lawrence, Mercer, Westmoreland and Washington counties typically wait approximately one year for their hearing to be scheduled.
Have more questions? Order my free book: Six Keys to Proving Your Social Security Disability Case to learn more about your right to Social Security Disability Benefits by calling 800-467-5272 or by completing the form on the order page.
My firm is standing by to answer your questions and guide you through the disability process. Call (724) 438-3020 or e-mail us at [email protected] to schedule your no-obligation appointment today.
