While most people are aware that Social Security exists, and at some point in time in our later years in life, we may receive Social Security benefits, Social Security may also be available if you suffer from an injury or disease that prevents you from working, or is expected to prevent you from working for a period of one year or longer.  While the process of making a Social Security disability claim is filled with forms and government bureaucracy, a small bit of knowledge may help you or a family member if the unfortunate situation needing to file a Social Security disability claim arises. 

The Social Security Administration is the United States government agency that handles retirement and disability benefits.  The Social Security Act defines a disability as “an inability to engage in any substantial gainful activity by reason of any medical, determinable, physical, or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than twelve (12) months.”  Obviously, this very definition gives one an insight as to how complicated the process of making a claim for benefits may get.

Qualifying for Social Security disability, referred to as SSD, benefits are based on an individual’s work record over the ten years prior to an individual becoming disabled.  If an individual has worked for five of the past ten years before becoming disabled, then that individual should be able to qualify for SSD benefits.  It is not a requirement that an individual be employed full-time, as part-time work would be sufficient for an individual to have worked the required number of work quarters to be entitled for the benefits.  Additionally, if an individual does not qualify for SSD benefits, he or she may qualify for Supplemental Security Income, known as SSI.  These benefits will usually pay an individual a lesser monthly benefit amount than SSD and the amount may be reduced by income made by other relatives living in a household.  Additionally, SSD benefits and SSI may pay additional benefits for minor children that reside in the household of the individual claiming the disability.

The process of initiating a SSD claim can be initiated by contacting the Social Security Administration through their website at www.ssa.gov, or by phone.  The process is started by the completion of an application provided by the Social Security Administration which should be completed before making an appointment with a Social Security Administration representative in a local office.

Much like many aspects of life that involve legal issues, the question arises as to the necessity of hiring an attorney.  As previously discussed, the process of initiating and going through a claim is lengthy and involves, at times, complicated issues.  Statistics provided by the Social Security Administration do show that individuals represented by an attorney have more success than individuals who go through the process without legal representation.  An initial meeting and discussion with an attorney well-versed in Social Security claims is always recommended.  If you feel that you or a relative qualify for SSD benefits, contacting an experienced attorney is well worth the time and effort.