Social Security Disability Laws
Accidents in the workplace sometimes result in disability. Some illnesses can also result in disability where an affected individual can no longer do the things they used to. This disability may also impact the individual’s capability to perform a task or function in a workplace that leads to diminished income or loss of income altogether. There is a law that ensures people are protected and provided for in any eventuality. It is called the Social Security Act of 1935
Social Security Act of 1935
This act established a system of old-age benefits for workers, benefits for victims of industrial accidents, unemployment insurance, aid for dependent mothers and children, the blind, and the physically handicapped. This safety net “insurance” provided through the Act is supported by taxes on individual’s wages and employers’ payroll. The act also provided funds to assist children, the blind, the unemployed, to institute vocational training programs, and provide family health programs. To qualify for these insurance benefits, a “qualified” employee must satisfy Social Security’s definition of disability. Social Security defines “disability” based on the following 5 step sequential evaluation:
- Are you unable to engage in substantially gainful activity?
- Do you have a severe impairment?
- Do you meet a medical listing?
- Can you go back to the lightest job you held in the last 15 years?
- Is there a job in the national economy you could do?
If an applicant satisfies these requirements, he/she may receive Social Security Disability Insurance (SSDI) benefits of Supplemental Security Income (SSI) benefits. The SSDI and SSI programs are the largest of several Federal programs that provide assistance to people with disabilities. While these two programs are different in many ways, both are run by the Social Security Administration and use the same 5 step sequential evaluation to determine disability.
Social Security Disability Insurance (SSDI)
Social Security Disability Insurance is a program designed to make your work history an asset. If you are beneath retirement age, and have worked 20 out of the last 40 fiscal quarters (5 out of the last 10 years), and can no longer work due to injury or disability for more than a year, you have bought yourself an insurance policy. This program pays benefits to injured and disabled workers and certain members of the family. The amount you will receive depends on how much you have paid into Social Security.
Supplemental Security Income (SSI)
On the other hand, Supplemental Security Income (SSI) is a federal program designed to assist individuals with little or no income and who are blind, disabled, or are age 65 or above. SSI provides money to meet basic needs for food, clothing, and shelter. For more information regarding these laws and your rights and options, you may view additional resources here. You may also consult a lawyer at Christensen & Hymas for inquiries regarding filing a disability claim with the Social Security Administration. If you have been injured and the injuries resulted in the inability to work, call us at (801) 506-0800 for a free consultation and our competent and experienced lawyers will help you walk though the claim process.
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