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Filing for Social Security Disability Benefits
The onset of a disability can drastically affect an individual's ability to continue working. The federal government established the Social Security system partially to assist disabled persons who are unable to work because of a disability lasting twelve months or more. The Social Security Administration (SSA) is the government agency assigned to assist individuals in applying for disability benefits and make determinations of whether an individual qualifies to receive benefits. Anyone who is disabled must complete a number of forms supplied by the SSA and provide medical evidence of the disability in order to receive benefits. It may be helpful to obtain the assistance of an attorney experienced in disability issues to advise a person on his or her rights, and of the proper procedures.
The Application Process
In order for any person to be entitled to disability benefits from the SSA, an application must first be filed. The application is made on a form prescribed by the SSA, and should be completed, signed, and then filed at a Social Security office in the state. A disability benefits applicant will most likely be asked to complete a Work History Report and an Activities of Daily Living Questionnaire.
Work History Report
The Work History Report is used to assist the SSA in understanding how the disability affects any work the disabled individual may be qualified to do. The Report asks the disabled person to provide information about the kind of work that he or she has performed in the past, including the types of skills needed and the physical and mental requirements of each job.
Activities of Daily Living Questionnaire
The Activities of Daily Living Questionnaire asks questions regarding the applicant's day-to-day activities, and his or her ability to engage in those activities. The Questionnaire asks detailed questions about the applicant's ability to perform personal hygiene and grooming, chores around the house, ability to engage in hobbies. The Questionnaire also asks the applicant to compare his or her current ability to perform these activities with their ability level before the disability began. Finally, the Questionnaire asks the applicant for information concerning the need for other people to assist the disabled individual in the activities described.
In addition to the Application, Work History Report, and Activities of Daily Living Questionnaire, a disability benefits applicant will be required to provide the names and addresses of doctors and medical treatment facilities, as well as dates of treatment. The applicant may also be required to sign a release form that will enable the SSA to obtain medical records from the disabled person's physician. If an applicant requires assistance in completing the forms, any Social Security office will provide such help free of charge.
Legal Help with the Disability Application Process
Applying for disability benefits may seem like a complicated process, but it may simply be a matter of filling out the correct applications and providing access to your medical records. But keep in mind that qualification for disability income from the SSA depends in large part on presenting the proper evidence, so a disability benefits applicant may wish to obtain the assistance of an experienced attorney to answer questions that may arise, and to assist throughout the benefits application process.
FAQs
- How does an employee file a claim for benefits?
- What are Employee Retirement Income Security Act (ERISA)'s funding requirements?
- When is a worker eligible for overtime pay?
- Does the law require employers to provide pensions?
- How is the overtime pay rate computed?
Employees' Rights Resources
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