Generation
Information About Legal Topics
Topic 140: What If I Become Disabled?
(revised 10/98)
If you
are unable to work because of physical or mental problems,
you may be entitled to Social Security Disability benefits
or Supplemental Security Income benefits, also called SSI.
These benefits are paid to individuals who are unable to work
for a period of 1 year or more.
In determining
whether or not you are disabled, the Social Security Administration
will consider your past work, age, education and health problems.
Social Security Disability benefits are paid to those individuals
who have worked and have had Social Security taxes withheld
on their behalf. Your entitlement to Social Security Disability
benefits and the amount of your benefits are determined by
how much you have worked and the amount of Social Security
taxes withheld by your past employers. If you are self-employed
and have paid Social Security taxes, you may also be eligible
for Social Security Disability benefits. Your dependents may
also be entitled to benefits.
If you
are not eligible for Social Security benefits and you are
disabled, you may still be eligible for SSI benefits. The
factors used to decide if you are disabled for Social Security
Disability Benefits are the same factors used for SSI benefits.
In order to receive SSI, you must not have sufficient income
and resources to adequately support yourself.
In order
to apply for Social Security or SSI benefits, you should call
or go to your local branch office of the Social Security Administration.
It will speed up processing your case if you have important
documents, such as birth certificate, Social Security card,
and names and addresses of all hospitals and doctors that have
treated you when you apply for benefits. Social Security will
review your application and issue a decision within about 90
days after you apply. If they decide against you, you can
request a reconsideration (people in Missouri can usually
skip this step), and have them review your application
again.
If they
deny your claim after a reconsideration (if needed), you can request a
hearing before an Administrative Law Judge. This hearing allows
you to explain to an independent person all of your problems
and how they affect your ability to work. If you feel your
claim was improperly denied, you should request an appeal hearing if necessary. Many disability claims are improperly
denied. You should read the notices that Social Security sends
you very carefully. You must request each step of the appeals
process within the time period stated on the notice. If you
do not request the appeals step in the right number of days,
you may lose your right to benefits. Many attorneys handle
Social Security disability claims. If you have been denied
benefits, you should consider obtaining an attorney to assist
you with the appeals process. |