Cincinnati Denied Disability Lawyer

What are Social Security Disability Benefits?

Social Security disability benefits are financial benefits provided by the U.S. government to individuals who are unable to work due to a long-term or permanent disability.

To qualify, applicants must have a severe impairment that prevents them from working for 12 months or is expected to prevent them from working for 12 months. Age, education, and your work history is also considered during the social security disability evaluation process.

SSDI vs. SSI

Understanding the difference between SSDI vs. SSI is important when looking into applying for Social Security benefits. While Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are both financial assistance programs designed to support individuals with disabilities, they have key differences.

SSDI is based on an individual’s work history and requires sufficient work credits earned through employment. In contrast, SSI is a need-based program that provides financial assistance to disabled individuals with limited income and resources, regardless of their work history.

Eligibility Criteria for SSI

According to the Social Security Administration, in order to qualify for SSI benefits, someone must be:

• Aged 65 or older or;
• Blind; or
• Disabled;

And who:

• Has limited income;
• Has limited resources;
• Is a U.S. citizen or national, or a noncitizen in one of the certain alien classifications granted by the Department of Homeland Security (DHS);
• Is a resident of one of the 50 States, the District of Columbia, or the Northern Mariana Islands;
• Is not absent from the 50 States, the District of Columbia, or the Northern Mariana Islands for a full calendar month or for 30 consecutive days or more;
• Is not confined to an institution at the government’s expense;
• Applies for any other cash benefits or payments for which he or she may be eligible
• Gives SSA permission to contact any financial institution and request any financial records about them;
• Files an application; and
• Meets certain other requirements.

Eligibility Criteria for SSDI

In order to meet the eligibility requirements for SSDI in the US, someone must:

• Have worked in jobs covered by Social Security.
• Have one or more medical conditions covered by SSDI, meaning the condition is severe, long-term (lasting at least one year or expected to result in death), and prevents them from performing substantial gainful activity (SGA).

They must also have sufficient work credits, which are earned through paying Social Security taxes during their employment. Typically, this involves having worked for at least five out of the last ten years, though the specific number of required credits can vary based on age.

Lastly, the applicant must not be engaged in SGA at the time of applying, meaning their monthly earnings do not exceed a certain threshold set by the SSA.

Common Reasons for Disability Claim Denials

There are a number of reasons why Social Security claimants may be denied disability benefits, including but not limited to:

• Insufficient Medical Evidence: Lack of detailed medical records or documentation to support the severity and impact of the disability.
• Failure to Follow Treatment: Not adhering to prescribed medical treatments or therapies without a valid reason.
• Short-Term Disability: The disability is not expected to last at least one year or result in death.
• Ability to Work: Determination that the applicant can still perform substantial gainful activity (SGA), even with their condition.
• Lack of Cooperation: Not providing requested information or failing to attend required medical examinations.
• Incomplete Application: Missing or incorrect information in the application, which can lead to an automatic denial.
• Insufficient Work Credits: Not having enough work credits or recent work history to qualify for SSDI.
• Previous Denial: Applying again without any new or significant change in the medical condition or other relevant circumstances.
• Income and Resources: For SSI, having income or resources that exceed the program’s limits.