If you are disabled before normal retirement age, you might be able to get Social Security benefits. Under the Social Security Act, a disabled or blind worker can get Social Security insurance benefits equal to the amount they would get if they retired at the normal age.
Qualifying for Social Security Benefits
To get early benefits, claimants must:
Be younger than the normal age for retirement
Have earned enough money in the required quarters before the disability occurred
Be disabled now, or in the year before application
File a claim
Wait at least five months, starting with a month where they are insured and disabled
A worker’s disability benefits may be offset by worker’s compensation payments. Benefits from worker’s comp and disability cannot be more than 80% of pre-injury earnings.
Disability Determination
A disability is defined as a worker’s inability to hold their previous job, or participate in any other kind of gainful employment because of a mental or physical impairment. The impairment must be doctor-determined, and must last at least a year or result in the worker’s death.
The SSA (Social Security Administration) uses a formula for determining a worker’s disability. Questions to be answered include:
Does the person have gainful employment? If so, they are not deemed to be disabled, regardless of their medical condition.
Does the worker have an impairment that will last a year or more, severely limiting their ability to work, or will the impairment end in death? If no, the person isn’t disabled.
What kind of residual functional capacity does the worker have, and can they mentally and physically meet their job’s demands? If yes, the person is not considered to be disabled.
Does the person have enough residual functional capacity (along with their education, work experience and age) to find other work? If yes, they are not disabled.
Benefit Termination
If a worker is granted insurance benefits, they must report any changes in earnings, work, or medical condition, as these changes can affect continued eligibility for benefits. The Social Security Administration may hold a review to determine the worker’s ongoing eligibility. If you need help with a Social Security disability claim, call a Social Security Lawyer in Midwest City, OK today. Visit the website for experienced Social Security Lawyer.
