Often the government will reject a claim for social security benefits. However, this does not necessarily mean that the applicant is not entitled to benefits. Unfortunately, many applicants abandon their claims instead of proceeding with an appeal. The appeal process can be intimidating, but below are factors to consider that can help you get the benefits you are owed.
What is the problem?
Why is the process of obtaining social security benefits sometimes so complicated? The main obstacle in claiming social security benefits in the United States stems from frequent fraud regarding simulated disabilities and invented stories or illnesses to collect Social Security for Disability. As a result, when people suffer true disabilities, everything becomes more difficult.
As is logical when faced with lies and inventions, the authorities of the Social Security Administration, who oversee granting Social Security for Disability, have reinforced its controls and filters. This means that when a person has a real disability, they must go through a longer and more complex process. It becomes necessary to have an experienced lawyer who can demonstrate his case in this situation.
Legal requirements
To qualify for Social Security disability benefits, you must have held jobs that paid Social Security or Social Security taxes. This means you have been working legally and been paying taxes. It is also a requirement to have a Social Security Number, be authorized to work in the United States or have a B-1, D-1, or D-2 Visa, and be able to verify that the person is in the country legally.
About the medical condition
In addition, the person must have a medical condition that meets the definition of “disability” of Social Security. Normally, the United States government grants monthly benefits in cash to those people who cannot work for more than a year because of a disability. This benefit does not apply to cases in which, for example, the person has had an accident at work and cannot work for two, three months, or eleven months. In such a case, this worker is likely to apply for Workers ‘ Compensation or Workers ‘Comp, not Social Security Disability.
The definition
Social Security only pays for a total disability. No benefits are granted for a partial disability or a short-term disability. The term “disability,” according to Social Security, is based on the inability to work. A person is considered disabled under the rules of Social Security if:
He cannot perform the work he did previously.
It is decided that he cannot adapt to another job due to his medical conditions.
The disability has lasted or is expected to last at least one year or result in his death.
Old people
It is important for seniors who receive this benefit to know that their disability benefits will automatically be converted to retirement benefits when they reach full retirement age. The amount will remain the same.
Am I entitled to social security benefits?
The social security department has five steps to determine if an application for social security benefits must be approved.
- Is the solicitor working? An application will not be considered for disability benefits if you earn more than a specific amount each month. If you earn less than this amount, the social security department will continue your investigation.
- Is the solicitor’s medical condition serious? For the social security department to determine the applicant as “incapacitated,” the medical condition must impede the applicant’s basic work functions.
- Is the applicant’s medical condition on the department’s list of “disabling conditions”? If the condition is not in the list of conditions automatically approved as an inability, the department will check if the condition is as serious as those in the list.
- Can the applicant work as before? If your injury prevents you from working, the department will consider your application.
- Are you able to do another type of work? The social security department will analyze the applicant’s age, health status, education, professional experience, and skills to determine if they can perform work in another capacity.
If the applicant is not physically able to do other work, the social security department will declare him “incapacitated.”
In addition, the applicant must have worked recently and for a specific period to comply with the requirements of the social security department.
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