Understanding Social Security Disability Insurance Benefits

Many Americans have a limited understanding of the disability benefits available from the Social Security Administration (SSA). This federal government agency provides benefit programs to individuals with serious disabilities and to their families.

The Difference Between Social Security Disability (SSD) and Supplemental Security Income (SSI) Social Security Disability Insurance Benefits (DIB) are available to disabled workers who paid enough earnings into the Social Security system. SSA determines if you are eligible for DIB, based on your work history during the years before you became totally disabled. As a general rule, you probably have enough work credits to qualify, if you worked for 5 out of the last 10 years. The following factors determine eligibility for DIB:

• Whether or not you have enough work credits to qualify for disability benefits.

• Whether or not you have an impairment that has lasted, or is expected to last, for at least 12 months, or is expected to result in death.

• The nature and extent of your impairment.

• Your ability to engage in substantial gainful activity since your impairment began.

• The date your disability began.

The family members of a person approved for Disability Insurance Benefits also may qualify for benefits, based on the disabled wage earner's SSA earnings. Furthermore, children and spouses of deceased individuals who accumulated enough SSA earnings prior to death may be eligible for benefits.

Supplemental Security Income Benefits (SSI) are provided to low-income disabled children and adults. SSA considers other benefits, savings, certain assets, and income of household members, to determine whether a claimant's income is low enough to qualify for SSI.

The following factors determine eligibility for SSI:

• Whether or not your household income meets the SSI income limits.

• Whether or not you have an impairment that has lasted, or is expected to last, for at least 12 months, or is expected to result in death.

• The nature and extent of your impairment.

• Your ability to engage in substantial gainful activity since your impairment began.

• The date that your disability began.

Do I Qualify for Social Security Disability Benefits?

You must be totally disabled from employment and meet the Social Security Administration requirements for prior earnings.

As defined by the Social Security Act, a disability means:

Inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than 12 months or result in death.

Therefore, you may be eligible for Social Security Disability benefits if you can answer yes to one or more of the following questions:

• Do you have a severe physical or mental impairment that prevents you from participating in any type of gainful employment?

• Do you have a disability that prevents you from working at any job, rather than just your previous employment? Has your disability lasted, or is it expected to last, for at least one year?

• Is your disability life threatening?

Medical Evidence for Your Social Security Disability Claim The Social Security Administration requires evidence of the extent of a disabling condition before awarding benefits. To succeed in obtaining benefits, you must have a severe impairment that is shown by "medically acceptable clinical and laboratory findings."

Unfortunately, many illnesses may completely disable an individual, but remain difficult to diagnose. In these cases, an attorney can analyze your medical records to try to find the evidence necessary to prove that you have a serious disability.

If you or a loved was denied Social Security benefits, talk with an experienced Social Security lawyer today.

Attorney Marya Sieminski joined the Law Offices of Sam Bernstein in 2003. She is admitted to practice law in Michigan state courts and in the U.S. District Court for the Eastern District of Michigan. She earned her Bachelor of Science degree at the Massachusetts Institute of Technology and graduated magna cum laude from Wayne State University Law School. Marya has worked as a trial lawyer for 10 years and exclusively represented victims in personal injury litigation and in workers compensation claims. She also was appointed by the Governor to serve on the State of Michigan Workers Compensation Qualifications Advisory Committee. The Law Offices of Samuel I. Bernstein, our Michigan Social Security disability and personal injury law firm, has championed the cause of seriously injured Michigan victims for three generations.

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