These programs are the largest of several Federal programs
that provide assistance to people with disabilities. While these two programs are different in
many ways, both are administered by the Social Security Administration and only
individuals who have a disability and meet medical criteria may qualify for
benefits. There are many regulations
that govern the determination and many deal with the persons, age, education,
work history, nature of disability and ultimately their residual ability to
sustain gainful activity.
Social Security Disability Insurance pays benefits to you
and certain members of your family if you are "insured," meaning that you
worked long enough and paid into the system in the form of Social Security
taxes. This is important because once
you cease to pay Social Security taxes; your insurable status has a limited
life.
Supplemental Security Income pays benefits based upon
disability and financial need.
When you apply to either program, the Social Security
Administration will collect medical records and other information from the
individual and all treating sources so as to make a decision as to whether or
not you meet the definition of "Disabled" as set forth in the Social Security
regulations. It is very important to
provide a complete list of medical providers so as to allow the reviewers a
full diagnosis of the disabling condition and the activities that are limited
by the condition. Medications prescribed
are also important especially if there are serious side effects associated with
their use.
If the initial application is denied, there are strict time
limits to appeal that decision and have the case heard before an Administrative
Law Judge. At this point, it may be in
the claimant's best interest to retain the services of an experienced Attorney
who can assist in developing the case. These efforts can enhance the medical records and allow the information
to be placed before the Judge in the best light affording the claimant the greatest
opportunity to obtain benefits. Generally, Attorneys will handle these case based upon a fee agreement
that is approved by the Social Security Administration allow for the fees to be
paid from past due benefits. Claimants
may incur costs for the compilation of the medical records obtained from the
physicians.
Any individual who suffers from a condition or conditions
that prevent them from engaging in gainful employment are well served to
explore their options directly with the Social Security Administration and with
an Attorney of their choice to determine if these programs can assist.