Seal of the United States Social Security Administration. It appears on Social Security cards. (Photo credit: Wikipedia)
Disability rulings are commonly issued by the Social Security Administration, although reaching a decision on what qualifies a person as disabled can be a long and frustrating experience.
According to socialsecurity.gov, “Disability is a subject you may…not think of as something that might actually happen to you. But your chances of becoming disabled are probably greater than you realize. Studies show that just over 1 in 4 of today’s youth will become disabled before reaching age 67.“
What many applicants do not understand is that receipt of monthly disability payments is the second part of the application process. The first step in a Social Security case settlement is declaring the recipient legally disabled.
A disability ruling can do several things. As an example, it can render a disabled individual unemployable if the state only has one workers compensation insurance company, and the company refuses to qualify the claimant for workers comp coverage. It is a legal ruling in every sense of the term, which, if you are a New York resident, can be better understood via the services of an attorneys office such as the The Perecman Firm which was voted as a “best lawyer” by U.S. News.
Supplemental Security Income
Some individuals are only eligible for Supplemental Security Income (SSI), which is awarded yearly based on personal financial assets and disability level. These recipients are usually not of age for standard Social Security Disability Insurance (SSDI). SSDI payments are based on the tax receipts from the claimant during their working career. SSI is awarded for serious medical conditions that will last for at least one year in which the recipient is receiving ongoing medical treatment. With “serious” being the operative word, SSI is often temporary, based on medical improvement. Older recipients are rarely re-evaluated, so this can amount to a permanent disability ruling for these individuals. Younger SSI recipients are encouraged to return to work through the Ticket to Work Program.
Social Security Disability Insurance
Social Security Disability Insurance differs greatly from Supplemental Security Income. SSDI claim approvals are permanent and total in nature, although disabled recipients can earn a nominal amount of money through part-time employment. Benefit amounts are determined by the tax receipts over the immediate previous ten-year employment span, with the applicant needing at least five complete years worked. This amounts to 20 credits of three-month employment deduction periods to qualify. Once the disability ruling is issued, the claimant will receive federal disability benefits for the remainder of their life.
Supplemental Security Income Funding
Supplemental Security Income is funded by Congress in the national operational budget that is normally issued every two years. The cost of the program has been the subject of much ridicule, but the program provides crucial medical benefits for disabled individuals who are in seriously declining health, many of which are in professional medical care facilities and hospitals. Both the monthly income benefit program and the medical funding for the program are included in the same action of funding.
Social Security Disability Funding
The Social Security Administration system was established with a trust fund that was used to pay recipients who have earned the benefit through tax deductions for program eligibility. However, individuals who become disabled before age 67 can petition the Social Security Administration for the disability ruling, which in turn makes the claimant eligible for monthly payments until death. In addition, disabled recipients dram an extra benefit allowance, so the disability ruling is worth more money.
Most beneficiaries attempt to win a disability ruling instead of waiting for standard Social Security retirement benefits. This situation clearly puts stress on the funding mechanism, which is determined by estimating the percentage of total tax receipts which are Social Security tax deductions and listed as an asset on the balance sheet. However, they are still a liability because the Social Security Trust Fund established in the 1940s was drained by Congress in 1987 and applied to the general fund.
This makes the Social Security program the largest reported expenditure of the government with no repayment of the transferred loans from the now-vacant trust fund, which is the primary reason Congress is highly concerned about the future viability of the program. This is also part and parcel to the absolute need for a Social Security Disability attorney like those at The Perecman Firm to represent these cases which often take years to settle because of funding problems. When looking for an attorney in your area, us an accredited sites such as the U.S. News – Best Lawyers where “Best Law Firms” rankings are based on a rigorous evaluation process to find representation may be a wise choice.