Disability Law Office

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Disability Law Office

Social Security disability benefits are available to individuals who are disabled for at least 12 months. If a person is projected to recover from a disability in less than 12 months, he or she may not be eligible for benefits. In the event that a person is able to return to work after 12 months, the disability benefits will stop. However, disability benefits can last a lifetime if you are unable to ever work due to a disability. If you are looking into applying for Social Security Disability benefits, it is advised to consult with a Social Security disability attorney who serves throughout the Lake Oswego, Oregon and Clackamas County area.

Types Of Social Security Disability Benefits

The Social Security Administration offers two distinct programs of Social Security disability benefits. One of the programs caters to disabled individuals under the age of 65 with sufficient work history. The other program is offered to low-income disabled individuals with little to no work history. Both programs are cash benefits. A person who is awarded Social Security disability benefits receives payment once a month for the duration of their disability.

Supplemental Security Income

One of the programs that the Social Security Administration provides is Supplemental Security Income (SSI). The Supplemental Security Income program offers benefits to disabled individuals who have little to no income. It is a needs-based benefit program that is calculated by the SSA’s means test. An applicant for SSI benefits cannot pass the means test threshold if he or she wishes to qualify for SSI benefits. Moreover, individuals who qualify for Supplemental Security Income are also eligible for Medicaid.

If you are planning to apply for Supplemental Security Income, you should seek the legal expertise of a Clackamas County, OR Social Security disability attorney to help determine whether you qualify for Supplemental Security Income benefits.

Social Security Disability Insurance

The other Social Security disability program is Social Security Disability Insurance (SSDI). Under this program, a disabled individual has to be under 65 years old. Once a person reaches the age of 65, their Social Security Disability Insurance Benefits automatically turns to Social Security Retirement benefits. Furthermore, the person applying for benefits has to have a qualifying disability set forth by the Social Security Administration’s criteria and guidelines. As a result, The Social Security Administration has a list of medical conditions that enables a person to be automatically considered disabled. In other words, if you have a condition under this list while meeting age and work credit criteria, you are entitled to receive Social Security disability benefits.

When a person has sufficient work history, the Social Security Administration assigns work credits based on yearly wages or self-employment income earned. The maximum number of work credits that can be assigned per year is four. To calculate your work credits, it is wise to seek the legal assistance of a Clackamas County, OR Social Security disability attorney. An experienced Social Security disability attorney can assess your disability and work history to determine whether you qualify to receive Social Security disability benefits.

Social Security Disability Insurance Benefits Evaluation Process

An applicant who is seeking SSDI benefits who does not have a condition that renders him or her automatically disabled by the SSA can still apply for disability benefits. However, they will have to answer a series of questions before they are approved or denied.

The following questions are asked in order to qualify for Social Security Disability Insurance Benefits:

1) Are You Currently Working While Disabled? 

If an applicant is working while disabled and earns more than $1,260, he or she will not be considered disabled. However, if the applicant is not working, or earns less than the substantial gainful activity limits used by the SSA, they can potentially qualify and go on to the second question.

2) Is The Condition Severe?

If it is determined that the condition interferes with basic work-related activities, the applicant will be deemed disabled. If the condition does not prevent a person from working, disability benefits will be denied.

3) Is The Condition Listed Under The SSA’s List Of Medical Conditions? 

If the applicant’s condition is found under the SSA’s list of medical conditions, the applicant will automatically qualify for benefits. If the condition is not listed, the SSA will evaluate whether it is severe enough to qualify. If it is not severe enough, the applicant will not be considered disabled.

4) Can You Do Work You Did Before?

The condition must interfere or prevent the applicant from doing work they used to do. If not, they are not deemed disabled. If their condition prevents them from previous work, they will be asked the final question.

5) Can You Perform Other Work?

If the applicant can do other work, they will not be awarded benefits. However, if the person cannot do other work, he or she will be approved for disability benefits.

If you are applying for SSDI benefits, it is recommended to enlist a Social Security disability attorney who works with clients in Lake Oswego, Oregon and throughout Clackamas County.

Disability Law Office

Call Now For A Consultation
(503) 868-4748