 |
 |
|
Jane G. McElligott Attorney
Michelle Chalifoux, LPN, Paralegal (pictured left)
|
 |
|
30 Years of Combined Legal & Medical Knowledge Experience That Matters!
|
|
|
 | Frequently Asked Questions |
 |
|
- What is Social Security Disability?
The Social Security Administration provides benefits to individuals under age 65 who are unable to work due to a "disability" and meet the requirements set forth by the Social Security Administration. These benefits are provided under two different programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). SSDI provides benefits to disabled individuals who have worked in a substantial gainful activity (SGA) for the requisite number of years. SSDI is also available to certain dependents of workers. SSI is a needs-based program that does not require a disabled individual to have worked, but does require the individual to prove that he or she does not exceed the income and resource limitations set forth by the Social Security Administration. In addition to a disability, those who are aged or blind may also be eligible to receive SSI benefits if the individual meets the income and resource limitations. SSDI claims are referred to as Title II claims under the Social Security Act and SSI claims are referred to as Title XVI claims under the Social Security Act. Some individuals may be eligible for both SSDI and SSI benefits; this is known as a concurrent claim.
Back to Top
- How does the Social Security Administration define "disability"?
"Disability" is defined as an "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment(s)" which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months." 42 U.S.C. §423(d)(1)(A) Disability is defined the same for both SSDI and SSI programs.
Back to Top
- What is a "Medically Determinable Physical or Mental Impairment"?
A medically determinable physical or mental impairment is an impairment that results from anatomical, physiological, or psychological abnormalities which can be shown by medically acceptable clinical and laboratory diagnostic techniques. A physical or mental impairment must be established by medical evidence consisting of signs, symptoms, and laboratory findings - not simply by the individual's statement of symptoms.
Back to Top
- Who qualifies for Social Security Disability Insurance Benefits (SSDI)?
Under the Social Security disability program (Title II of the Social Security Act), there are three basic categories of individuals who can qualify for benefits on the basis of disability:
A disabled insured worker under 65. "Insured" meaning that the person has worked at least 5 out of the last 10 years and has paid into the FICA, Federal Insurance Contributions Act.
A person disabled since childhood (before age 22) who is a dependent of a deceased insured parent or a parent entitled to title II disability or retirement benefits.
A disabled widow or widower, age 50-60 if the deceased spouse was insured under Social Security.
A person disabled since childhood (before age 22) who is a dependent of a deceased insured parent or a parent entitled to title II disability or retirement benefits.
A disabled widow or widower, age 50-60 if the deceased spouse was insured under Social Security.
Back to Top
- What is Supplemental Security Income (SSI)?
"SSI" is a needs-based program that provides payments to persons over age 65, blind, or disabled and who have limited or no income and limited or no resources.
Back to Top
- Who qualifies for Supplemental Security Income (SSI)?
"Under Title XVI, or SSI, individuals who are over age 65, blind, or disabled and financially needy can get payments on the basis of disability. If your income and resources are too high, you will be turned down for benefits no matter how severe your medical impairments.
Back to Top
- Do you only represent individuals from Idaho?
No, SSDAI representatives are qualified to accept cases from all 50 states. Please don't hesitate to contact us if you have any questions about representing you in your state. Back to Top
- What type of condition do I have to suffer from to receive benefits?
If you are unable to work and your condition has lasted, or can be expected to last at least 12 months or result in death, and you are suffering from any of the conditions listed below, you may be eligible to receive benefits under the SSDI or SSI programs, or possibly both. The following conditions common for receiving benefits are:
diabetes; heart attack; stroke; back pain; neck pain; arthritis; fibromyalgia; chronic fatigue syndrome; Lupus; HIV or AIDS; cancer; hepatitis; seizure disorders; bipolar disorder; depression; post traumatic stress disorder (PTSD); panic attacks; schizophrenia; mental retardation; eye disorders; skin disorders; breathing conditions; and blood disorders. This is not an all - inclusive list; if you do not see your condition on this list that doesn't mean that you can't receive disability for your condition; call us so that we can discuss your specific condition and limitations. Back to Top
- How can (SSDAI) help you get the benefits you deserve?
We will provide a FREE initial case evaluation to determine which program you may be eligible for and conclude whether your case has merit. As part of our thorough case evaluation, SSDAI will analyze the legal and medical issues involved; estimate the probability of success; and begin working with you to establish a legal theory in which to present your case. SSDAI will keep you, the claimant, fully informed of every step in the progression of your case with regular updates to inform you of new developments. SSDAI understands this is YOUR case and your future; we encourage your involvement so that together we can effectuate a successful outcome.
Back to Top

|
 |
|
Don't wait any longer call us today We can make the critical difference so you can begin receiving benefits
|
|
 |
|
Unable to work due to a physical or mental impairment? You've earned your disability benefits Now it's time to collect them!
|
|
|
 |
|
Justicia Omnibus "Justice for All"
|
If you've been denied benefits by the Social Security Administration, you can, and should appeal their denial; remember you only have 60 days in which to appeal the denial so you need to act quickly. One of the leading causes of people not obtaining benefits is the failure to appeal Social Securities decision. Don't let your disability benefits slip away, call today for a free case evaluation.
 |
- Free case evaluation
- No recovery
- No fee to you
- Call for an initial case evaluation
|
|
|