SOCIAL SECURITY / DISABILITY BENEFITS

You may qualify for Social Security Disability if an injury of illness prevents you from returning to work. The Social Security Disability program is one of the largest Federal programs that provides assistance to people with disabilities. The Social Security Disability program is administered by the Social Security Administration, and only individuals who have a disability and meet medical criteria may qualify for these benefits. Specifically, according to statute, you must be “incapable of engaging in substantial gainful employment.” Moreover, if there are any jobs which you may be capable of performing in or around the area in which you live, you will not qualify for Social Security Disability benefits.

The amount of the monthly payment that you would be entitled to receive is based upon your income during the time that you were able to work. If you are totally, permanently disabled, you may be able to collect Social Security Disability benefits until the age of 65. Upon reaching the age of 65, your Social Security Disability benefits would convert to Social Security Retirement benefits.

If you are denied Social Security Disability benefits, then you may request a hearing in front of an Administrative Law Judge (“ALJ”). The ALJ will hear testimony from you and review your medical records. The ALJ will also likely hear testimony from the Social Security Administration in regard to medical evidence in opposition to your claim.

Supplemental Security Income, on the other hand, pays benefits based on financial need. Therefore, Supplemental Security Income benefits may be paid to individuals who have not worked in the past. The processes as well as the medical requirements are the same under both programs

Ultimately, if an injury of illness prevents you from returning to work, it is important that you contact the Law Offices of Jason P. Provinzano, LLC for a free consultation, so that experienced attorneys can answer your questions, explain your rights, and protect your future and the futures of your loved ones.