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Social Security
(Disability
and
Survivor
Benefits)
Disability and Survivor Social Security Benefits
Most people think of Social Security only
as a retirement program. However, part of the Social Security taxes that
every wage earner pays go towards providing benefits to the family
survivors of a eligible workers who die, and towards providing benefits
to workers who become disabled and are no longer able to work. Unlike
the standard retirement benefits that Social Security offers, survivor
and disability benefits can sometimes be confusing and difficult to
obtain because the availability of benefits is not automatic and can be
subject to decisions by the Social Security Administration that are
based upon the subjective judgment Social Security employees. For
information on
Survivor Benefits click here.
What are Disability Benefits?
In addition to retirement and survivor
benefits Social Security provides a form of insurance to workers who
become disabled before they become eligible for Social Security
retirement benefits. As with all other Social Security programs,
disability benefits are only available to workers who have contributed
to Social Security through taxes on their wages. Disability benefits
are intended for workers who have been or will be disabled (unable to
work) for at least 12 months. There are two different types of
disability benefits, under the standard benefit program the amount that
a worker can receive is determined by how long they had been working
prior to their disability. There is no 'means test' for this benefit
(it doesn't matter what assets or other income you may have). In
addition, Social Security provides additional benefits to disabled
workers through the supplemental security income program if
their income is below a certain threshold. Disability benefits are also
available, in some circumstances, to dependents of disabled workers such
as minor children, spouses, etc.
How Do Disability Benefits Work?
Applying for and receiving disability
benefits is a complicated process that takes at least 3-5 months (and
often much longer). Workers applying for disability benefits need to
provide detailed information to the Social Security Administration about
their disability, dependents, other income, expenses, etc. A special
office within Social Security then evaluates the application for
benefits and makes a determination.
The complete process is quite complicated. You can detailed information
on disability benefits on the Social Security website:
http://www.ssa.gov/pubs/10029.pdf
Basic facts you should know
*Your
doctor(s) will need to provide detailed information about your
disability to Social Security
*Any determination by
your doctor(s) that you "are disabled" is irrelevant to Social Security
and will not be considered
*Social Security will
evaluate the medical evidence and compare it to predetermined
definitions of what "disabled" means
*A special medical
evaluation is required before disability benefits will be granted
*Being unable to
continue to perform the kind of work you were performing before your
disability is not the same as being "disabled"
*It is not uncommon
to have an initial claim for disability benefits to be denied.
*You have a right to
appeal any decision by Social Security to deny disability benefits
*You have a right to
be represented by an attorney (or other person you may designate) on any
appeal of a denial of benefits
For More Information
*On standard disability benefits visit
your local Social Security Office or the Social Security website at:
http://www.ssa.gov/pubs/10029.pdf
*On
Supplemental Security Income visit or call your local Social Security
Office or the Social Security website at:
http://www.ssa.gov/pubs/11000.pdf
*On the appeals process
visit or call your local Social Security Office or the Social Security
website at:
http://www.ssa.gov/pubs/10141.pdf
*For all other questions contact
your local Social Security Office or visit the Social Security website
at:
http://www.ssa.gov/pubs/englist.html#Disability
Do I Need an Attorney to Obtain
Disability Benefits?
Applying for disability
benefits can generally be accomplished without the assistance of an
attorney. However, if you do not feel that you understand the process
or have your initial claim rejected you may wish to obtain the services
of an attorney to assist you through the application and/or the appeals
processes.
Contact Information
If you
would like a consultation or wish to arrange for representation on
any Social Security matter, criminal matter, drawing up a living
will, testamentary will, trust and estate planning or health care
proxy, you can contact Glenn W. Magnell at either his Goshen or
Cornwall offices.
Goshen Office:
162 Main Street,
Goshen, N.Y. 10924
Phone:
845-294-0585
Fax:
845-926-4091
Cornwall
Office:
151
Continental Road, Cornwall, N.Y. 12518
Phone:
845-534-7848
Fax:
845-926-4091
Email:
gmagnell@stormkinglaw.com
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| Please note:
Information on this website is intended to inform, not to
advise. No one should attempt to interpret or apply any law
without the assistance of an attorney that is familiar with that
area of law, the rules of the court involved and the specific
facts of each individual case. |
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