Illinois Social Security Disability Lawyer Blog

For Illinois and across the rest of the country, the Social Security Administration (SSA) governs the benefits program of Social Security Disability Insurance (SSDI). Through the Social Security Disability Insurance program, individuals are required to meet specific medical criteria in order to qualify for the benefits this program offers. SSDI provides benefits to individuals who are "insured" by their employer. Being "insured" is categorized as an individual working for a long enough period determined by the SSA and one whose compensation pays into Social Security taxes.

Who qualifies under SSDI benefits? Social Security Insurance Benefits are given to qualified individuals. Typically, an individual will have had to work 5 of the last 10 years. The rules change slightly for those less than 31 years old. Because individuals under 31 years old may not have been in the work force as long as those above 31 years old, check with your employer or an experienced attorney to see if you are eligible for SSDI benefits.

What disability is covered by SSDI? To be determined as an eligible disability, the 'test' is whether an individual is emotionally and/or physically capable of performing a job in the everyday workforce. It is also required that a doctor supplement your claim by finding you disabled by medical standards. This may be difficult to do depending on the type of disability an individual is claiming. Therefore, it may be necessary to find legal representation that can convince the government of the necessity you have for receiving Social Security Disability Insurance benefits.

Where does the SSDI award come from? Social Security Disability Insurance benefits are accumulated by the amount of time and labor you have worked with your employer. The money an individual who qualifies for SSDI benefits will receive money based on how much they have made when they had worked. The actual funds for SSDI are provided by the government but the funds are accumulated by employees all over the country into a general fund for the federal program.

When may I apply for Social Security Disability Insurance? It depends on the type of disability are claiming. Generally, if you are expecting your individual disability to occur for more than one year, your claim should be made as soon as possible. Waiting too long to file your claim will just prolong the process of your award under SSDI benefits.

How do I make a SSDI claim for benefits? According to law, any individual may make a claim to receive their eligible Social Security Disability Insurance benefits. However, the process to file a claim with the government can be tricky. Therefore, it is generally advised to consult legal representation to help with the process. Having legal representation significantly increases the odds of individuals who will receive SSDI benefits and aides in the process by avoiding many of the difficulties an individual may find on their own when filing for their claim.

Am I the only one in my family who may receive the SSDI benefits? Generally no, an individual will not be the only one to benefit under SSDI. Eligibility on who else in your family can benefit depends on your family's size and who is in it. Often, any children in the household under 18 years old and still attending school may be entitled to social security disability insurance benefits.

If qualified, how long will I receive SSDI benefits? The general rule is that an individual will receive SSDI benefits until they have returned to work or are no longer disabled. However, in some cases, individuals may qualify to return to work at a reduced schedule and still receive SSDI benefits.

Individuals may file for a claim of disability under the Social Security Disability Insurance benefits program. However, it has been statistically proven that individuals who have consulted legal representation have come out of the filing process ahead of those who have filed on their own. Claimants with legal representation are more likely to win and receive the correct benefits because the process can be streamlined by an attorney who has been through the process before. Consult an experienced attorney to assist you in your claim and help you determine your possible eligibility and qualifications for Social Security Disability Insurance benefits.

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BENEFITS FOR PEOPLE WITH DISABILITIES

SOCIAL SECURITY DISABILITY CLAIMS

WHAT WE MEAN BY DISABILITY

Many Illinois retirees, injured workers and residents are apprehensive about whether or not they should apply for Social Security. It is important that you understand the application process.

Social Security pays benefits to people who cannot work because they have a permanent medical condition. Here, permanent means that the disability must last at least twelve months. Also, the disabled individual must not be able to earn greater than $1000 a month to be qualified. In order to be qualified for these benefits, the disabled individual must have paid Social Security taxes on his or her wages long enough to qualify for benefits. Normally, most of the individuals have previously worked at least five years before the disability arose. However, age may be taken into consideration when dealing with social security benefits. As you can probably tell, the qualifications and process can become quite daunting.

With the job market and the economy in great flux, the number of applications for Social Security Disability Insurance has risen. Due to this massive quantity of applications, nearly 60% have been denied. However, if you have a Social Security Attorney that understands the system and the process, you have the ability to not be in that 60%. If you are in the 60%, retaining a Social Security Attorney will help you lay out your options and balance the pros and cons in your case. The sheer paperwork would present problems for an individual who does not have the proper expertise to deal with Social Security Benefits.

It can be devastating to have your application denied, but you have the option to protect yourself from that outcome. At Dworkin & Maciariello, we will help you come to the right decision. At Dworkin & Maciariello, we make sure that you have the ability to receive your benefits. Here, we aggressively enforce the Social Security Disability Programs so that you receive accurate information and are presented with the best service to ensure that your Social Security Attorney protects. Our staff Attorneys have decades of experience in Social Security Disability Insurance claims. Contact us today for a free consultation and case evaluation.

Are Social Security Disability benefits going to be there for me when I can't work in Illinois? According to a recent report, cited by the Chicago Tribune, it is no secret that the "baby boomers" of the war are increasingly taking over the social security disability funds currently in place for workers unemployment. The era alone increases the expected withdrawals from the program from 7.1 million workers in December 2007 to now over 8.5 million workers. Social Security Disability Insurance (SSDI) is commonly mistaken with workers' compensation. The difference in the funds provided to employees lies at where from the money is received.

Social Security Disability Insurance (SSDI) is received by eligible workers merely for contributing part of their paycheck into the nationwide system. These workers do not need to give cause for why their disabling impairment prevents them from work nor does their disabling impairment need to have been caused by a work-related injury. Employees seeking to receive SSDI have little plans to return back to the workforce to contribute more of their paycheck into the social security trust fund.

Workers' Compensation is drastically different because employees do not have the ability to receive it for no cause. Payment of workers' compensation is provided to replace wages lost for a work-related injury to an employee while they were on the job. An employee receiving these funds is, depending on the seriousness of their injury, expected to recover and continue to work into the system again in the future.

Debates continue between employers, employees, and the Social Security Administration (SSA) as to what can be done to ensure employees will receive their share of SSDI. One problem considered is that once an employee applies and begins receiving SSDI, they have very little incentive to ever return back to work. SSDI is supported by employers through payroll taxes of employers and their eligible workers. The rise in individuals that will be withdrawing from these funds in these next few years versus the number of individuals who will contribute into the trust fund of social security is at odds with each other. The economy's weak standing right now does not provide future hope to aging baby boomers who are looking to end their employment.

The flaws in the SSDI system as a whole center around the incentive an employee has to leave the workplace and try to live off of their SSDI funds received monthly. Depending on one's savings and finances, this theory can be achieved due to the small margin of employees who are rejected from the application process. Unfortunately, employees with these attitudes are one of the reasons why some experts conclude the social security trust fund created over the years may dry up in funds by the year 2018. The hope employees and employers can have for the future is that the economy will pick back up again. In economic downturns, SSDI applications rise because employees who want to return to the workforce are not able to do so. The future problem may be that employees' hard earned wages paid in to the social security trust fund may dry out by other employees who are receiving benefits and who sought an application for the funds before they did. Therefore, it is up to our legislative bodies and the SSA to look further into the SSDI program and determine what can be done to change the future of social security for employees and employers.

If you have questions regarding whether you currently qualify for Social Security Disability benefits, contact our office today and an experienced attorney can assist you through the application process.

Illinois Workers' Compensation Act: 820 ILCS 305, ILLINOIS WORKERS' COMPENSATION COMMISSION

Tony Pugh, McClatchy, Social Security Disability Insurance Program Projected to Run Out of Money in 2018, CHICAGO TRIBUNE: BUSINESS