Disability Compensation Lawyers
Disability compensation benefits are generally given to disabled persons who can no longer work. These are payments from public or private funds such as social security or workers’ compensation benefits.
Typically, disabled persons are eligible to receive two types of disability compensation benefits:
• Disability Insurance benefits – This benefit include insurance benefits known as disability insurance benefits (DIB) or Title II benefits are given to individuals who are unable to work at a “substantial” gainful level and their condition has existed or is expected to exist for at least a 12 month period. By “substantial,” SSA means the claimant would be unable to earn over $900.00 per month because of their disability. This dollar amount increases slightly every year.
To be eligible for this benefit, a claimant must have worked long enough and paid enough into Social Security through their FICA taxes to be “insured.” As a general rule, if a claimant worked at least five of the last 10 years, he would be “insured” for purposes of DIB. How much a claimant will receive each month is based on how much he contributed during his working life. Generally, the longer someone has worked and the higher his earnings, the more he would be paid if found disabled. Individuals found disabled and eligible for disability insurance benefits may be awarded retroactive benefits.
Retroactive benefits can only go back one year from the date of the initial application. There is a five-month waiting period from the date the claimant is determined to be disabled until entitlement to these benefits begins.
• Supplemental Security income benefits – This program, also known as SSI or Title 16 benefits, is a “needs-based” program in which individuals with little or no resources or assets may receive disability benefits. The medical criteria for SSI eligibility is the same as that used for DIB — a physical or mental impairment which prevents you from working at a “substantial” gainful level, and the condition has existed or is expected to exist for at least a 12 month period. An SSI claimant will receive a federal maximum amount from the Social Security Administration, with an additional supplementary amount from the state, which amount may vary depending on which state you live and the claimant’s living situation.
There is no retroactive eligibility for SSI benefits: benefits can go back only to the month in which your claim was filed. A claim for SSI benefits can also be filed on behalf of any minor children with a disability; however, similar with Adult SSI claims, to be entitled to SSI benefits the household income must be below certain limits.
Whether you are still applying for disability compensation benefits or appealing for approval of your claim, it is advised that you seek immediate consultation with an experienced disability compensation lawyers who are familiar with the legal procedures and appeals processes.
As a law firm committed to securing the rightful compensation benefits, our disability compensation lawyers had helped hundreds of clients all over California. We routinely handle cases for a variety of disability claims that include social security disability, supplemental security income, retirement disability and other social security benefits.
Do not delay in securing your rights as a disabled worker. Our disability compensation lawyers will assist you in claiming your disability compensation benefits at the soonest time possible