If an injury or illness prevents you from returning to your job, you may qualify for monthly Social Security Disability payments.

Social Security Disability is a program of the Federal Government designed to provide monthly payments to a disabled individual. The amount of the payment you receive is based upon your income while you were able to work. You may also receive a yearly cost of living adjustment depending on how long you collect Social Security Disability benefits. Assuming you are totally, permanently disabled, you may collect Social Security Disability benefits until you reach age 65. At that time, your Social Security Disability benefits will convert to a Social Security Retirement benefit.

In order to collect Social Security Disability benefits, you must have earned wages and paid into the Social Security system in at least 20 of the last 40 quarters. You must also be totally disabled, or, in the words of the applicable statute, "incapable of engaging in substantial gainful employment." If there is any job which you are capable of performing and the job is available in sufficient numbers in the area in which you live, you do not qualify for Social Security Disability benefits.

If you are denied Social Security Disability benefits you may request a hearing in front of an Administrative Law Judge. The Administrative Law Judge will hear testimony from you and review your medical records. The Administrative Law Judge may also hear medical evidence or vocational evidence presented by the Social Security Administration in opposition to your claim. If you must request a hearing in order to get your Social Security Disability benefits, you should seek the advice and counsel of a lawyer.

Social Security disability benefits are paid under two programs: the Social Security Disability Insurance (SSD) benefits program and the Supplemental Security Income (SSI) benefits program.  The major distinction between the programs is that Social Security Disability insurance benefits are available for individuals who have worked in recent years and are now disabled.  For most people, the medical requirements for Social Security Disability payments are the same under both programs. The process for proof is the same for a disabled worker.

However, there are differences in the eligibility rules for the two programs:

• Eligibility for SSD is based on prior work under Social Security.
• Eligibility for SSI disability payments is based on financial need.

Disabled Widow's and Widower's Benefits are paid to individuals who are at least 50 years old and become disabled within a certain amount of time after the death of their husband or wife who has worked under Social Security.

Disabled Adult Child Benefits go to the children (disabled before age 22) of persons who are deceased or who are drawing Social Security Disability or retirement benefits.

Disability Insurance Benefits for Disabled Widow's or Widower's Benefits and Disabled Adult Child benefits are not affected by whether you are rich or poor. Benefits are determined by a review of a Social Security earnings record.

Permanent disability, long term disability, Title II benefits, and lifetime disability are discussed in your Social Security Handbook in a general way.  Your Social Security questions that are not answered by the Social Security Handbook should be referred to a Social Security lawyer. 

Contact the Kirk Law Firm Social Security Disability lawyers with your questions about SSD. Our goal is to provide exceptional legal services to our clients. We strive to achieve the highest standard of excellence for the protection of individual rights through team work and the use of our considerable resources and experience.