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How is "disability" defined by the Social Security Administration?
The Social Security Act defines “disability” as an "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months."
What types of Social Security disability benefits are there?
There are five major types of Social Security disability benefits :
I used to have a job, but I've stayed at home taking care of our kids for years, and now I've become disabled. Can I get Social Security disability benefits?
It's possible. If you worked under Social Security for five out of the 10 years before you became disabled, you may have enough earnings to qualify for Social Security disability benefits. For people who are 31 years old or younger, the requirements are different, because such individuals haven't had a long time to work and build up earnings.
Unless someone has been at home taking care of their children for many years, it is very possible that they will qualify for benefits based on their own earnings. In addition, if a homemaker is poor enough, she or he can qualify for Supplemental Security Income (SSI) whether she or he has worked in the past or not.
After becoming disabled, how long do I have to wait before I can file for Social Security disability benefits?
You don't have to wait at all — you can file for disability benefits on the same day that you become disabled. Unfortunately, lots of people make the mistake of waiting for months after becoming disabled before they file a disability claim. There is no reason to wait, and the sooner you apply, the sooner your case will be decided.
I am on sick leave from my employer. Can I file for Social Security disability now? Or do I have to wait until the sick leave is exhausted?
You don't have to wait until your sick leave is exhausted. In fact, if you think that you may be out of work for a year or more due to your condition, you should file a claim for Social Security disability benefits now, not after your sick leave runs out.
I got hurt on my job and I'm getting workers' compensation benefits. Do I have to wait until the workers' comp benefits run out before I can file a claim for Social Security disability benefits?
No, you don't have to wait until your workers' comp benefits end in order to a claim for Social Security disability. It's best to file your disability claim as soon as possible. Otherwise, there may be a gap between your workers' comp benefits and Social Security disability benefits.
Can I get both workers' compensation benefits and Social Security disability benefits at the same time?
Yes, you can. There is an "offset" that reduces a person's Social Security disability benefits in light of his or her workers' compensation benefits, but in virtually all cases, there will still be some Social Security disability benefits to be paid. It's the opposite situation in a few states: an offset reduces workers' compensation benefits when Social Security disability benefits are granted.
Do I have to be permanently disabled to get Social Security disability benefits?
No, you don't have to be permanently disabled; but when you file you have to:
I have several health problems, but no single health problem disables me — it's the combination of health problems that disables me. Can I get Social Security disability benefits?
Many (perhaps most) of the people who apply for Social Security disability benefits have more than one health problem. The social Security Administration examiners will consider the combined effects of all of your health problems when they determine whether you are disabled.
What can I do to maximize my chances of getting a favorable decision on my Social Security disability claim?
Be honest and be complete when you make a claim for Social Security disability benefits. For example, many claimants don't mention their psychiatric problems to the Social Security Administration because they're embarrassed about it. In addition, in almost all cases, people who were slow learners in school don't mention this on their claim, even though this fact could have a significant effect on whether a claim is approved.
The most important ways to improve your chances are to keep appealing unfavorable decisions and hire an experienced person to represent you. Statistically, claimants who have an attorney represent them are much more likely to win their claim than those who go it alone.
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