Social Security Disability Laws

Introduction

Social security is a human right that responds to the universal need for protection against certain life risks and social needs. Effective social security systems guarantee income security and health protection. Thereby contributing to the prevention and reduction of poverty and inequality, and the promotion of social inclusion and human dignity. They do so through the provision of benefits, in cash or in-kind, intended to ensure access to medical care and health services, as well as income security throughout the life cycle, particularly in the event of illness, unemployment, employment injury, maternity, family responsibilities, invalidity, loss of the family breadwinner, as well as during retirement and old age. Social security systems, therefore, constitute an important investment in the well-being of workers and the community as a whole. And facilitate access to education and vocational training, nutrition, and essential goods and services.

Social Security disability law consists of the rules used to decide who will qualify for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits, and how much money they will receive. Because these are federal programs, state and local laws do not apply. You can get the rules in the Social Security Act as it appears in Title 42 of the United States Code. As well as in the published regulations and rulings of the Social Security Administration (SSA). Wards of individuals getting SSDI may fit the bill for benefits too. SSI fills an alternate need. It intends for debilitated individuals with practically zero pay, whether or not they have paid anything into the framework.

Most common reasons why people are denied social security disability benefits

There are many people who should qualify for Social Security Disability benefits. Only around 30% approved the first time they apply. Some of the most common reasons for this are-

1. Earning a more than generous income

The Social Security Administration (SSA) will not consider your application on the off chance. You procure more than the “generous profitable action” level of $1,220 each month. Keep in mind, they support individuals who can’t work in light of their handicap. They will discover your case less convincing in case you are working a lot of hours and acquiring a big-league salary.

Without a doubt, you can work a piece when you apply for Social Security Disability, however, you can’t be making more than $1,220 each month (for nonblind residents) starting in 2019.

2. Failure to show enough medical proof 

To qualify for Social Security Disability benefits, a person has to show medical records that prove disability prevents you from being able to work.

3. Reapplying immediately after being denied once

Numerous individuals wrongly document another handicap guarantee after they are denied Social Security Disability benefits. This never works in light of the fact that once the individual sees you’ve reapplied; they will promptly deny again for a similar explanation as in the past.

4. Failure to follow treatment advice

If an individual does not follow his doctor’s advice on treatments for his disability or there are gaps in medical care, his application will most likely be denied. The SSA examiner would argue that it is not possible to determine whether the person is disabled if he is not receiving needed medical treatment.

5. Failure to cooperate

If a person ignores requests for additional information or otherwise fails to cooperate during the SSA’s application process; his claim for SSDI will not be successful.

Requirements for Disability Benefits Eligibility requirements for SSDI and SSI are very specific. For SSDI, the threshold qualification involves the number of “work credits” the applicant has accumulated prior to becoming disabled. Work credits are based on the applicant’s earnings. Each time the applicant earns a certain amount of wages or self-employment income, he or she receives one work credit (as of 2013, it takes $1,160 of earnings to receive one work credit). A maximum of four work credits can be earned in any given calendar year. To be eligible for SSDI benefits, the applicant must have a total of 40 credits, and 20 of these must have been earned in the 10-year period leading up to the application date. To receive SSDI, the applicant must also be “disabled.” SSA considers people to be disabled if they cannot work in their field or adjust to another field of employment, due to severe medical impairment. An applicant may qualify based on a single impairment or a combination. Either way, the inability to work must be complete, and long-term. For SSI, eligibility is based on income level, not work credits. An applicant must have an income level below a certain amount known as the federal benefit rate, or “FBR” (as of 2013, the FBR is $710 per month). Calculating the FBR is complex. For example, only a portion of income earned by working will be used in the calculation. At the same time, FBR will include the value of any in-kind services the applicant receives, such as free rent or meals.