Federal Law requires that disability benefits can be paid to a person who is unable to work due to a medical condition which lasts for one year or could result in death.
As the norms are very strict and there are a lot of finer legal nuances it is always better to apply for a social security disability benefit through a SSD lawyer.
Federal Law requirements allow Social Security Disability benefits only for permanent disabilities occurring due to medical conditions of the claimant.
Therefore it can be very difficult to have benefits awarded on a case without the having medical proof.
Additionally, the records obtained by the disability examiner must also include details of recent treatment to substantiate the claim for disability.
If it does not exist, the benefit could be rejected.
To avoid these pitfalls and increase the chances of receiving the benefits a claimant should always appoint a qualified SSD lawyer to represent his or her case.
In most cases there are two main tests that the claim has to pass for social security disability benefits.
A 'recent work' test and a 'duration of work' test.
The 'recent work' test takes into consideration your age at the time of your disability, while the 'duration of work' test looks at how long you have worked under social security.
In case of certain blind people sometimes the first test is waived if the person meets the other criteria laid down by the law.
The Recent Work Test is divided into four quarters for that year.
If you are disabled in or before the quarter in which you attain the age of 24, then you have to put in at least 1-2 years of work during the three years that end in that quarter.
If you are disabled and between the ages of 24 and 31, then you should have worked for at least for half the period beginning with the quarter you turned 21 and ending with the quarter you get disabled.
If you are over 31 when you are disabled then the minimum period of work you have to put in is 5 years.
Rules for Duration of Work Test In this test if you are disabled before you are 28 years of age then you generally have to put in at least 1-2 years of work.
For age 30 the period is 2 years.
For 34 it is 3 years.
For 38 it is 4 years.
For 42 it is 5 years.
For age 46 it is 6 years.
For a person aged 50 it is 7 years and so on with a maximum of 9-12; years for age 60.
Social security disability benefits are paid to the claimant or his or her family if all the criteria are met, and all medical requirements are fulfilled.
For this you can apply yourself.
But the better option is that you appoint a qualified SSD lawyer who will be well versed with the Social Security authorization processes to represent you.