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Disability Lawyers In Delaware

Filing a Strong Claim for Disability Benefits is Important

Disabilities are challenging to live with. Many people who suffer from a disability would like to continue working in order to provide for themselves and their family, but the condition prohibits them from doing so. For this reason, many people file Social Security disability benefits claims for financial assistance that will help provide the care they need without being able to work. 

Some of the disabling conditions for which you can apply for the social security benefits in Delaware are as follows:

According to the Centers for Disease Control and Prevention (CDC), 1 in 4 individuals living in the United States is diagnosed with a disability. You can contact an SSD Delaware attorney for assistance.

The Social Security Administration has two programs that a disabled person can apply for. The eligibility criteria for both programs are different, which we will talk about later. But you can contact disability attorneys and discuss your concerns. They will explain all the relevant details, like disability law, eligibility criteria, etc. First, let’s talk about the two programs run by the Social Security Administration.

  • Social Security Disability Insurance 

Disability Lawyers In Delaware Social Security Disability Insurance (SSDI) is available to individuals who have worked and paid Social Security taxes long enough to meet the Federal Insurance Contributions Act (FICA). SSDI benefits are based on an insured person’s work history. Individuals with disabilities may be unable to work for some time, but if their condition is expected to last for 12 months or more, and they have a sufficient number of years of work history, they may be eligible to receive SSDI benefits.

Applicants must have contributed and paid Social Security taxes. They can consult with reputable disability lawyers in Delaware to learn more about the application process. Anyone applying for SSDI benefits should be aware that there is a waiting period of five months. An applicant will begin receiving benefits the sixth month after the SSA decides to approve the application.

  • Supplemental Security Insurance

SSI is available for individuals who do not have enough work credits under FICA. This program provides benefits based on financial need. However, the number of disability benefit recipients that qualify is much less than SSDI.  It is available for individuals who are 65 or older, blind, or have a disability. 

The main difference between SSI and SSDI is that SSI involves an income limit, but it does not require work history. You can consult with Delaware social security disability lawyers to begin the application process.

Can I receive SSDI and SSI in Delaware?

To qualify for either of these programs under Social Security Disability Insurance (SSDI), you must meet the following criteria:

  • You must have worked for a certain number of years, based on how old you are. It is extremely difficult to get benefits if you haven’t been working very long.
  • Your disability must be severe enough that it has lasted or is expected to last at least one year or result in your death. This means that the condition is expected to persist  for at least a year or to result in death.
  • Your condition must be so severe that it prevents you from doing any substantial work. The Social Security Administration will consider how your condition limits your ability to perform basic daily activities, such as getting dressed yourself, taking care of personal hygiene and preparing simple meals for yourself. It will also look at your level of education and  job training to determine if you can do any other work.

How Does SSA Define Disability in Delaware?

Social Security has strict definitions and eligibility criteria for disability programs. As stated above, a disabled person according to the SSA is an individual who is unable to perform and engage in a substantial gainful activity.

An applicant must be diagnosed with a severe physical and mental health condition and can result in the death of an individual. Individuals who meet this criterion should consider contacting a SSD Delaware attorney about applying for disability benefits. According to the law, a disabled person must meet the following requirements to be approved.

  • All applicants must have a doctor’s approval and submit an application form. 
  • He or she must have a mental or physical disability that has affected his ability to work for at least one year, and he or she cannot perform any other kind of work. 
  • If applying for SSI, he or she must have an income that falls below the government defined level, which will change every year. 
  • In some cases, the family must also meet the income requirements
  • The applicant cannot receive disability benefits from any other country.
  • Dependents who are disabled may also apply for assistance.

To qualify, the disabling condition must be long-term. The federal government does not have any program for short-term disability. You can consult social security disability lawyers in Delaware for more information about what short-term disability programs might be available.

How to Determine If I Am Eligible?

Social Security’s Blue Book (Title 20 Part 404 of the Code of Federal Regulations) is full of useful information for people applying for disability benefits. It lists all the major medical disorders recognized by Social Security, and provides detailed explanations about how the impairment must affect your functioning to be considered disabling.

Applicants can also be approved when the medical condition is not listed in the Blue Book. In such cases, the SSA will consider how limiting the situation is. It will consider the impact that the condition has on an individual’s daily life and ability to maintain gainful employment.

What To Do If You Disagree With A Decision By The SSA?

The first step to challenging a Social Security Administration denial is appealing the decision. The SSA will send a notice of its decision. The notice explains the reason for denying benefits and lists any evidence on which the agency based its decision. The SSA uses your appeal as an opportunity to gather more information about you, your condition, and any additional medical evidence you may have. 

If the SSA denies your appeal, you may pursue a lawsuit to challenge the agency’s decision. You have 65 days from receipt of the notice to file an appeal with Social Security. If you miss this deadline, you can lose your right to challenge the decision. You can request an extension if there are special circumstances that prevent you from filing within the deadline. 

For example, your doctor may not have sent in all your medical records by the deadline or you might have been hospitalized due to an accident that prevented you from appealing sooner. Contact social security disability lawyers in Delaware to navigate the process and obtain your disability benefits.

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