Boston Social Security Disability Lawyers
It is the hope of every individual to be able to support themselves and their family by working and earning a consistent income until retirement. Many people are not given that opportunity, however. According to the Social Security Administration (SSA), a 20-year-old worker has a 3 in 10 chance of becoming disabled before retirement.
Suffering a serious illness or injury can create undue financial and emotional hardships for the affected person and your entire family. Fortunately, the SSA has two programs that provide disability benefits that help disabled people continue to support themselves and their family: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
Social Security Disability Insurance vs. Supplemental Security Income
Social Security Disability Insurance
Social Security Disability Insurance benefits are available to people who are disabled, not of retirement age, have worked long enough and have paid Social Security taxes. To qualify for these benefits, the disabled person must have worked in jobs covered by Social Security as well as meet the SSA's standards in two earnings tests:
- Recent Work test, which is based on age and the onset of disability; and
- Duration of Work test, which determines whether you have worked long enough under Social Security.
Once a recipient of Social Security Disability benefits reaches retirement age, the SSD benefits become their retirement benefits, but stay the same amount.
Supplemental Security Income
SSI is a Federal income supplement program that is designed to help people who are aged (65 years old and older), disabled, and/or blind who have little to no income or resources. It provides money for basic needs, such as food, clothing, and shelter.
To qualify for Supplemental Security Income in Massachusetts, you must show that you have little or no income and few resources. This means that the value of the things you own must be less than $2,000 if you are single or less than $3,000 if you are married (not counting the value of your home and car).
An aged, blind, and/or disabled person may also apply for other cash benefits that they qualify for.
How Do I Know If I Am “Disabled?”
In order to qualify for disability benefits through the SSA, you must meet the SSA definition of “disabled”. The SSA uses a 5-step process to determine whether an applicant is considered disabled:
- Are you currently working? If the applicant is working in the current year and their earnings average more than $1,000/month, they are not generally considered disabled. If the applicant is not working, the process moves to step 2.
- Does your medical condition interfere with basic work-related activities? If not, then the person is not considered disabled. If it is “severe” and does interfere, the process continues to step 3.
- Is your condition found in the SSA's list of disabling conditions? Is the applicant's medical condition found in the SSA's list of severe medical conditions that are automatically categorized as a disability? If yes, then the applicant fulfills the SSA disability requirement, if not, then the SSA must determine whether the applicant’s condition is equally severe. If it is not, then the process moves to step 4.
- Can you do the work you did before? If an applicant is determined to have a condition that is less severe than those recognized as disabilities by the SSA, the SSA must establish the level of interference it has with the applicant’s ability to work. If the condition interferes with the applicant’s ability to get work done at a previous job, the process continues to step 5. If it does not interfere, the claim will be denied.
- Can you do any other type of work? Considering education, age, past work experience, and transferrable skills, the SSA will determine if the applicant can adjust to any other type of work. If they cannot, then the claim is approved. If they can, the claim with be denied.
How A Skilled Attorney Can Help You Get the Benefits You Deserve
If you have become disabled and are unable to work and earn a living in Massachusetts, you have various options that can help support you and your family. Social Security Disability benefits can help you move on with your life after becoming disabled, but only if your claim is approved.
There are complicated requirements to meet, lots of paperwork to submit and ramifications to consider. It can be overwhelming and one wrong answer or one missing piece of paperwork can stand in the way of your financial and emotional well-being. Boston Social Security disability attorney, Thomas Kiley, and his team of experienced lawyers, have the skills and resources necessary to help you through the SSD process smoothly and efficiently so that you can start receiving the benefits you need.
We are committed to our clients and provide FREE legal consultations. Call our toll-free number to have one of our attorneys evaluate your case for FREE.
Our firm serves all of Massachusetts. Based in Boston and Andover, we serve the all the surrounding cities, including Lowell, Middleton, Haverhill, Methuen, Lawrence, Salem, and others.
