Social Security Permanent Disability Claims
- Publish Date: 2009/06/20
- Author: Mesriani Law Group
Outline: Under the guidelines of the Social Security Administration it defines disability in a strict sense in the context of total disability.
Main DigestMany people get perplexed in their permanent disability predicaments especially on the aspect of their pursuit for benefits, federally or statewide. This is but normal reaction, as generally, it is hard to figure out the fine points of disability rules adopted by the federal or state agencies tasked to implement disability benefits provisions.
Many people get perplexed in their permanent disability predicaments especially on the aspect of their pursuit for benefits, federally or statewide. This is but normal reaction, as generally, it is hard to figure out the fine points of disability rules adopted by the federal or state agencies tasked to implement disability benefits provisions.
Aside from the unknown travails of benefit applications, the process is practically new in the eyes of the prospective claimants, as most or if not all have never faced or done this before.
With these facts, it would be worthwhile to illuminate some benefit provisions that one can be entitled to, that is the federally mandated Social Security benefits claims (Permanent Disability Claims).
Social Security (Permanent) Disability Claims
Under the guidelines of the Social Security Administration (SSA), it defines disability in a strict sense, that is, only in the context of total disability. To receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), a claimant must be considered completely and indisputably disabled. Put it differently, SSD or SSI benefits can only be awarded to those claimants who have demonstrated a severe, ongoing physical or mental impairment including permanent disability that is not likely to improve, under any circumstances, within 12 months.
Social Security Disability or SSI is given to those totally or permanently disabled. The SSA considers an individual totally disabled if he or she is unable to earn more than the substantial gainful activity amount for a given year.
On this score, it is worthy to note that the SSA does not define totally disabled as unable to perform any work. The claimant can work while he or she has applied for disability and even after an award of disability is given. The only consideration is that, the claimants or awardees cannot make more than a certain amount per month in order for their application to be approved or their benefits to continue. (The monthly SGA for 2008 is about $940 for non-blind individuals.)
In the application for a claim, the disability claimants, whether permanently disabled or suffering total disability must be able to document, through their medical records, that their condition is severe enough to prevent them from returning to their job, or from performing any other job for which they may be suited, for at least one year. This is necessary in order for their application to be given due considerations and for their claims approval.
Under existing conditions, the medical documentations are indispensable evidentially matters that are needed in order to avoid interruption of disability benefits payment, as well as in the benefit application.
Social Security (Permanent) Disability Claims, guide
For a better guide on this kind of benefit, here are some important reminders, especially applicable to the new applicants:
Foremost, with the strict requirements and complex process of a disability benefit claim, it would be wise for the claimants to consider seeing a lawyer to help them in their application. The lawyer can very well help them in their pursuit for disability benefits that would really end in a successful claim.
As soon as they retain a lawyer, the attorney will proceed as their representative and act on their behalf in reference to their claims. They can call the SSA and tell them they want to start the paperwork for their permanent disability application.
The applicant should gather all pertinent medical records and documentation within their reach. This will become part of their evidence to substantiate their Permanent Disability Claims.
Cooperation with the SSA and with their lawyer is necessary in order to have a smooth sailing application.
For your concerns regarding disability claims and benefits, you can consult with our experienced social security lawyers. You can visit our website to avail of our free case evaluation. www.socialsecuritylawattorney.com