When people become disabled, it may be impossible for them to go back to work. Their daily duties for work may be no longer doable due to their disability. This can be devastating not only to an individual but to their family. They may not be able to keep their family afloat financially if they cannot continue to go to work every day. However, there is a solution for these people. If you are going through this dilemma, you may qualify for social security disability. In order to explain your situation and see if this works for you, contact our legal professionals for a consultation.
How can I qualify for social security disability?
In order to qualify for social security disability, individuals must have attained an insured status. To obtain this status, you must have enough earned credits by reporting a certain amount of income. There are different credits awarded depending on your income. Also, for different age groups, a different amount of credits are required to qualify. A person can earn up to four credits a year.
For those who are under the age of 30, special rules apply to the credits that are needed to qualify. People who are ages 31 to 42 need at least 20 credits to qualify for disability. Those who are older than 42 need additional credits every year. At age 60, you need to have at least 38 credits. Your benefits can be determined by averaging your lifetime earnings.
If an individual is disabled, some of their family members may qualify for additional benefits based on the earnings they reported. There are a few members who may qualify. This includes unmarried children under the age of 19 and in high school, unmarried children if the disablement happened before age 22, a spouse if they are caring for a child under 16 or disabled and a disabled widow over age 50. However, the widow may only be eligible to accept disability if it occurred within seven years after the spouse’s death.
How do I apply?
When you wish to apply for social security disability, you can go to your local U.S. Social Security Administration and apply there. However, you should wait at least six months after the onset of your disability. This is only if the disability is not life-threatening. You may only receive retroactive benefits one year prior to the date that you filed your application. The disablement date must be within five years from the date in which you last worked and you must have earned 20 credits within the last 10 years.
To best set up your case, seek a doctor immediately to document your disability. This documentation can be important in proving the date your disability was acknowledged. When doing all the paperwork, this date can be vital.
The Law Offices of George Poulos is an experienced Workers’ Compensation, personal injury, bankruptcy, and Social Security Disability law firm with offices in Queens and the Bronx. If you require strong legal representation, contact our firm today to schedule a free consultation.