Any person who meets the criteria for disability as outlined by the Social Security Administration can get Social Security Disability benefits, but the process is exceptionally complex. The time when you file can make a difference in how your case progresses through the system, and when you receive much-needed benefits.
The ideal time to file for benefits is as soon as possible after the condition, illness or injury has occurred or been diagnosed. The criteria for qualifying for benefits are stringent, and a great deal of documentation is necessary to obtain approval of benefits. Many people file for benefits only to be disappointed when the government denies their claims. In fact, the government denies over two-thirds of initial SSD claims, often merely due to a failure to submit adequate supporting data from the right sources and in the right format. SSD claimants have the right to appeal the denial of benefits. An appeal can be complex and time consuming. An experienced SSD lawyer can help and guide you through the appeal process.
People who are 55 or older are considered to be of an “advanced age” for purposes of SSD benefits. A person’s age and physical impairments make a difference in how a claim is administered. Those who are 55 or older may have more difficulties adjusting to new work, or getting new work. These factors are considered when a disabled person applies for SSD benefits.
Under the Code of Federal Regulations (Section 415.968, which covers “Skill Requirements”), the “transferability” of skills for individuals 55 and older with severe impairments may not be possible to other work. Persons of advanced age may not have work skills that are easily transferable to sedentary or light work. Such persons could be eligible for benefits without the need to continue seeking light duty work, based on the degree of the illness, injury or disabling condition, work history and skills, and other factors. The rules and regulations governing SSD benefits are extensive, and it can be difficult for the layman to determine what to expect when seeking benefits. If you are 55 years or older and are suffering from any disability that will last for a year or longer, getting legal advice can help you gain SSD benefits to which you are entitled.
To qualify for SSD, you must have paid into the system for a sufficient period of time, in addition to meeting the disability requirements. You need to have worked long enough to earn “credits.” The credits you need to qualify for benefits are also based on your age. As a general rule, you will need 40 credits, 20 of which you gained over the past 10 years. These credits are measured against every $1,200 you earn over a one-year period. Each $1,200 is worth one credit. Younger workers may qualify with fewer credits, since they have a shorter work history.
Age and Number of Credits: Table
|Age (Those Born After 1929)||Work Credits Needed to Qualify for SSD Benefits|
|Ages 31 – 42||20|
Connect with SSD Fighters in Detroit to speak with an experienced SSD attorney. All cases are taken on a contingency basis, and the legal team is ready to fight on your behalf to help you obtain the benefits to which you are entitled.
Social Security Administration: http://www.ssa.gov/OP_Home/cfr20/416/416-0968.htm