What Are Social Security Disability Laws?

Social Security in the United States is a program under the federal government; it is governed by a host of laws, rules and regulations which are used by administrators of Social Security in an effort to determine who will qualify for SSDI or SSI and if the applicant qualifies, how much money will they get on a monthly basis. As Social Security is a federal program there is not a state disability law in effect.

Disability law in Garden Grove is used to determine who is eligible for SSDI or SSI. SSDI is a program which is designed to assist adults who become disabled and can no longer perform any gainful work for at least 12 months. As well as the 12 month criteria the applicant must have worked and paid into the system through FICA, a form of payroll tax and must not yet have reached the age of retirement. SSI also pays benefits to those that are disabled but these applicants must have little or no income regardless of whether they have ever paid into the system or not.

The requirements for benefits:

Disability law in Garden Grove is very specific when it comes to eligibility. For those who are applying for SSDI they must have accumulated a specific number of work credits before they became disabled. The applicant’s income is that which determines their work credits, each time the individual reaches a certain level of earnings he or she receives a work credit. Each year it is possible to earn no more than four work credits, to be eligible for SSDI a total of 40 work credits are needed, 20 of them have to have been earned in the 10 years prior to applying for disability benefits.

The applicant for SSDI must be disabled in accordance with the definition in the Social Security Administration “blue book.” To be considered disabled the applicant must not be able to do the work they did nor can they adjust to doing other work due to their disability.

The laws that apply to SSI are different as eligibility is not based on work credits, it is based on income or perhaps it is better to say the lack of it. The applicant must have an income which cannot exceed the federal benefit rate which is quite low; in 2013 it was pegged at $710 monthly.
It is not just the requirements that must be met; disability law in Garden Grove enters into the application process and very much into the appeals process.

To know more visit the site LawNJH.com.

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