If you have a Social Security issue or claim, Hach & Rose can help. We maintain counsel to assist you in filing for your Social Security Disability benefits. If your benefits are controverted, our SSD counsel will fight hard to preserve your right to benefits.

What Constitutes a Disabilty?

A disability can be based on either a work related or non-work related injury or illness, be it physical, emotional, or both. The impairment must prevent performance of any sustained work and be verified by a physician who has provided treatment to the claimant during the period of disability. It is important for the claimant to be seeing a medical doctor. Chiropractic evidence alone is not sufficient proof of disability. It must be established that the applicant is unable to engage in any substantial gainful activity due to a medically determinable impairment. Claimants under age 50 must prove they are totally disabled from all forms of work. When a claimant reaches age 50, factors such as age, education, language and work experience are taken into account, and total disability for all work is not always required.

How You Qualify for Social Security Disability Benefits?

To qualify for benefits, you must first have worked a job covered by Social Security. You also must have worked long enough and recently enough under Social Security paying taxes into the system. You can earn a maximum of four work credits per year. The amount of earnings required to fulfill a credit increases annually as the general wage level rises. Family members who qualify for benefits on the claimant's work record do not need work credits themselves to be eligible for benefits under the worker's account. The number of work credits needed for disability benefits depend on the age when the worker became disabled. Generally you need 20 credits earned in the last 10 years ending with the year you became disabled. However, younger workers may also qualify with fewer work credits. The general rule is that you must work at least 5 out of 10 years prior to becoming disabled, unless you are under 31 years of age.

In order to file for benefits (SSD), the applicant must be out of work and anticipate being out for at least twelve continuous months. There is a five-month waiting period before any payment of benefits can begin.

Your Continuing Eligibility for Benefits . . .

If you are receiving Social Security disability benefits when you reach age 65, your disability benefits automatically convert to retirement benefits, but the amount remains the same.
In most cases, you will continue to receive benefits as long as you are disabled. However, there are certain circumstances that may change your continuing eligibility for disability benefits. For example, your health may improve to the point where you are no longer disabled. Or, like many people, you would prefer to go back to work rather than depend on disability benefits. Social Security has special rules called “work incentives” that can help you make the transition back to work. These incentives include, but are not limited to, continued monthly benefits and Medicare coverage while you attempt to work on a full-time basis.
The law requires that Social Security review your case from time to time to verify that you are still disabled. They will tell you if it is time to review your case, and continue to keep you informed about your benefit status. You should also be aware that you are responsible for letting us know if your health improves or you go back to work.