This week, again without a question from a reader, I will answer the above question coming directly from an area of law I practice in everyday--Social Security Disability. So...what is Social Security Disability?
Most American's notice that out of every paycheck, an amount is taken for Social Security Taxes. Most people understand that this amount is applied to a future retirement. However at the same time you are also "insuring" yourself for disability. Not only does the Social Security Act give you a retirement one day, it will also be there for you if you are disabled to a point where you can no longer worker providing a monthly benefit and in some cases Medicare.
The requirements for Social Security disability are very different than the requirements of private short or long term disability carriers however. They are also very different from the requirements of Veteran's disability and Workman's Compensation. First, and foremost, to qualify for Social Security Disability your physical or mental impairment has to keep you from working for at least a year or result in death. So while some traumatic injuries may be very severe and keep you from working, it will not qualify under this program if it will get better within a year.
Secondly, it takes more than a doctor's note to qualify for this program. The Social Security Administration will actually need to see diagnostic proof of your illness to make its determination. While an opinion of your treating doctor is a big factor in making that determination, it is not the only factor. Your medical records are actually sent to an independent doctor in order for a decision to be made. You don't have to agree with this decision however, and there are many avenues of appeal.
Next, you have to be precluded from doing any kind of work. Now, depending on your age, education, and past work, "any kind of work" may be different from one person to the next. It is important to realize however that just because you cannot do what you use to do, it does not mean you will qualify for benefits under this program. For instance an attorney, who suffers a traumatic brain injury making his or her cognitive functioning impaired will not be disabled if he still has the ability to be a cashier or a landscaper. However, age can make a big difference as well. If a person who is over 55 suffers a back injury and can only be on his feet for a couple hours a day, and the only thing he use to do was frame houses, he will be found disabled by the Administration. Every case is different. That's why a lot of Social Security Claimant's consult with an attorney.
Regardless of how you feel about entitlement programs, if you have worked, money was taken from your check. The government did this with a promise that you would get a benefit when you retire, or you would get a benefit if you could no longer work. If you can honestly no longer work, this program should be there for you. Do not hesitate to apply for that benefit and seek help fighting to get what you deserve.
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