Social Security Disability
Most people believe that when their employer deducts Social Security from their paycheck, those benefits are for when they are ready to retire. That is only partially true. Some of that money goes into what is known as the Social Security Disability Trust Fund. That Fund provides disability benefits for people who have worked and contributed to Social Security. Usually, it is necessary to have worked 5 out of the last 10 years prior to the date you apply for those benefits. However, there are special rules for younger workers and certain others.
In order to qualify, a person has to suffer from injury or illness which either has prevented them from engaging in any form of substantial gainful employment for one year, or is anticipated to prevent them from engaging in any form of substantial gainful employment for one year. If the person has more than one injury and/or illness, they are all considered in determining whether that person is considered disabled.
An illness can be from any source so long as it is serious enough to prevent the person from working for one year or more. It can be physical or emotional. Likewise, if an individual is claiming benefits due to a disabling injury, that injury can have occurred anywhere, one’s home, in an automobile accident, as a result of a slip and fall, or as a result of a work related accident, so long as it totally disables that person for one year or more.
If you have been unable to work at any type of job for one year due to an injury or illness, or it looks like your disability will prevent you from working for one year or longer since the date that you last worked, please contact our office, as you may be entitled to receive Social Security Disability Benefits.
Attorney Howard H Swartz
