- Personal Injury
- Dangerous Drugs
- Workers’ Comp
- Our Team
- Contact Us
Social Security Disability Insurance is a program designed to provide people with some financial help while they are disabled and unable to work. To qualify for social security disability, someone must have a physical or mental impairment that has either lasted 12 months, could be expected to last 12 months, or is expected to result in death.
If you need help filing for SSDI benefits, reach out to a Social Security Disability Insurance lawyer as soon as possible. With a qualified attorney’s help, you could put together a complete application and present your case in the best possible light.
Supplemental Security Income, like Social Security Disability Insurance, is a financial program open to qualifying individuals with disabilities. The difference is that supplemental security income is needs-based, meaning that in order to qualify, a person may not surpass a certain number of resources.
The main difference between SSDI and SSI is the work requirement. With SSDI, someone’s age determines the number of credits they need in order to qualify for disability benefits. For example, a person under the age of 24 must have worked for one and a half years or earned six credits in the three years prior to becoming disabled. That requirement increases with age. By the time they are 31, they need at least 20 credits in the 10 years immediately before they become disabled.
To qualify for SSI, which is needs-based, someone generally may not have more than $2,000 in total resources. If they are married, they may not have resources that exceed $3,000. With SSDI, a person’s resources do not matter.
Social security is a federally-regulated program, but it is administered by the states when an individual first applies. Applying for benefits requires multiple steps. The first step is governed through the local field office. The local field offices would be the initial entities that would request medical records after the individual claimant has signed a release form and submitted the proper forms to get the process started.
Generally, SSDI benefits are not taxed, but there are exceptions. For example, if someone has an income over $25,000 in addition to their benefits, they may have to pay taxes on that income. If they file a joint tax return and they and their spouse have a combined income of more than $32,000, some taxes might be required. However, individuals generally do not pay taxes on their disability benefits, only on substantial income.
A social security disability lawyer might help someone obtain their benefits by knowing what the application process requires. Social security lawyers deal with these same issues day in and day out, so they have a good understanding of what the social security administration is looking for. They even get to know each judge and their expectations.
In some cases, these cases can be somewhat subjective since some judges may hold a higher threshold than other judges. Lawyers know what to emphasize and how to highlight the case in the best light for the claimant. For example, a younger person with multiple medical impairments may not know what qualifies or how to best present their case. A lawyer could help ask questions, frame their case in the best light, and advise them as to any treatment they should get. They help them understand what is and is not important.
Contact Larry Disparti or a Disparti attorney today for a free consultation.