Social Security Disability Law
The Social Security Disability Law is by law that governs the benefit received from the Social Security Administration by disabled workers and in some cases their dependents, similar to those received by retired workers. It also covers all issues concerning Federal Social Security programs. These programs, which were proposed beginning in 1935 with the founding of the Social Security Program, protect individuals from unexpected tragedies by spreading certain risks with all members of the general public so that no single family bears the full weight of such events. The Social Security Disability Law defines “Disability” as the incapability to do any considerable profitable activity by reason of any medically determinable physical or mental impairment which can be anticipated to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.
An individual will be considered disabled: ...only if he or she must have physical or mental impairment or combination of impairments to the extent that such severity is to such a great degree that he or she is not only unable to do his previous work but cannot, considering his age, education and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him or whether he would be hired if he applied for work.
The following are examples of disabilities:
• Asthma • Back Pain • Seizures •Blindness • Allergies Cancer• Hepatitis C • Carpal Tunnel • Chronic Fatigue • Diabetes • Depression • Emphysema • Asbestosis •Epilepsy • Fibromyalgia • Anxiety • Hip Replacement • HIV / AIDS • Heart Disease • High Blood Pressure • Hypertension • Knee Replacement • Psychiatric Impairments • Mental Retardation • Reflex Sympathetic Dystrophy • Leukemia • Arthritis • Herniated Disc • Multiple Sclerosis • Migraine Headaches • Neck Pain • Joint Pain • Stroke • Lupus
Disability is something most people don't like to think about. The chances of your becoming disabled are probably greater than you realize. In fact, studies show that one out of four young workers will become disabled some time during his or her lifetime. While most people spend time working to succeed in their jobs and careers, few think about ensuring that they have a safety net to fall back on should the unthinkable happen. This is where Social Security comes in. Basically, the Social Security Administration pays cash benefits to people who are unable to perform gainful employment for a year or more because of a disability. Benefits continue until a person is able to work again on a regular basis, and a number of work incentives are available to ease the transition back to work.
Section 105 of the law forbids the receipt of Social Security Disability benefits or Supplemental Security Income benefits if drug addiction and/or alcoholism is material to the finding of disability. This means that if addiction is the person's only or primary disability, they are not eligible for benefits.
If an applicant has another basis of disability and secondarily happens to be a drug or alcohol addict, the applicant is still eligible if the other source of disability meets Administration criteria. Further, if the claimant now has a disabling condition meeting Administration criteria caused by life-long addiction, the claimant may still be eligible. For example, if the claimant now has pancreatitis due to years of heavy drinking, the claimant can still collect.
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