Social Security Disability Benefits Program
The Social Security Disability (SSD) benefits program is designed to support individuals who are disabled and unable to work. Funded by payroll taxes and managed by the Social Security Administration (SSA), this federal insurance program provides monthly benefits to those whose medical conditions limit their ability to maintain employment. To qualify and apply for social security disability, you must prove that your disability prevents you from working and that you have accumulated enough work credits by paying Social Security taxes during your employment.
Due to the specific eligibility requirements for SSD benefits, it’s crucial to determine if you qualify before you start the application process or submit any documentation. Understanding the qualifying conditions for Social Security Disability Benefits is an essential step in this process. Our Social Security Disability attorney can assist you throughout the entire SSD process, from your initial evaluation to final resolution.
Our experienced attorneys will first assess your eligibility to apply for SSD benefits, ensuring you have sufficient work credits and that your medical condition, injury, or illness meets the SSA’s criteria for a disability. At Sharry & Monfette, LLP, our mission is to provide exceptional legal representation to individuals in Worcester and surrounding counties who are disabled, unable to work, and in need of assistance. If you’ve already applied and been denied, we can also help with appealing a Social Security Disability Denial to ensure you receive the benefits you deserve. We understand the challenges you face, and we are here to support you every step of the way.
As a dedicated and professional social security disability law firm in Massachusetts, we are committed to being your reliable advocates. You can trust us to listen, counsel, protect, and advocate for you, working tirelessly to secure a favorable outcome on your behalf. With our law office in Worcester, Massachusetts, we serve Social Security Disability clients throughout the state, including Worcester County, Middlesex County, Norfolk County, and the cities of Boston, Brockton, Cambridge, Chicopee, Fall River, Framingham, Haverhill, Lawrence, Lowell, Lynn, New Bedford, Newton, Quincy, Somerville, Springfield, Waltham, Worcester, and more. Contact us for a free case evaluation.
Eligibility for Social Security Disability
A crucial factor for Social Security Disability (SSD) eligibility is your past work history. To qualify, you must have paid into Social Security through the jobs you’ve held. This means that any jobs where you were paid “under the table” or received cash payments without reporting them on your taxes—and therefore didn’t pay Social Security taxes—will not count toward your eligibility.
Generally, to file for SSD benefits, you need 40 work credits, with at least 20 of those credits earned in the last ten years. Exceptions to this requirement apply based on your age, which we’ll cover in further detail below, but especially if you are applying for disability over the age of 50 . You can earn up to four work credits per year, one for each quarter worked.
As of 2021, you must earn at least $1,470 in covered earnings to receive one work credit. Before 1978, employers reported earnings every three months, but now, credits are based on your total annual wages, regardless of when you actually worked. Depending on your income, it could take you an entire year to earn four credits, or you might earn them in just a few months.
The number of credits required by the Social Security Administration (SSA) also depends on your age when you became disabled. For example, as of 2021:
- If you became disabled between ages 21 and 24, you would need only 6 work credits.
- If your disability occurred between ages 24 and 30, you would need 8 to 18 work credits, or 2 to 4.5 years of work.
- If you became disabled after age 31, you would need at least 20 work credits within the ten years prior to your disability.
Navigating these requirements can be complex, but having an experienced SSD attorney by your side can make all the difference. At Sharry & Monfette, our dedicated SSD attorneys are here to guide you through the maze of eligibility requirements, ensuring that you receive the support you need during this challenging time. Contact us for a free case evaluation.
Qualifying Conditions for Social Security Disability Benefits
To qualify for Social Security Disability you must first have sufficient work credits. The next step is to ensure that your disability meets the Social Security Administration (SSA) requirements. To qualify for benefits, your disability must be total and expected to last at least one year. You must be unable to perform your previous work and unable to adjust to other work that the SSA believes you could do. For example, if you’ve spent your career as a construction framer but have injured your back, you may no longer be able to continue in that role.
However, if you also possess significant computer skills or hold a business degree, the SSA might determine that while you can no longer work as a framing carpenter, you could transition to a desk job. If you lack other skills that translate to a different, comparable job, you may qualify for SSD benefits. The SSA maintains a list of “approved” disabling conditions, known as the Blue Book. To qualify for SSD benefits, your condition must either match a listed condition in the Blue Book or be closely similar.
Conditions like multiple sclerosis and various types of cancer have the highest approval rates at the initial stage of the disability application process. Respiratory disorders and joint diseases also have a higher likelihood of approval. To support your disability claim, you’ll need to provide comprehensive medical documentation, including an examination by your physician, treatment notes, possibly an MRI and/or CAT scan, X-rays, mental health records (if applicable), and blood test results.
This medical information must be current and cover the period from when you became disabled to the present. Your records must demonstrate that your impairment is severe enough to prevent you from performing your regular work-related duties. Determining whether your medical condition qualifies for SSD benefits can be challenging. If you have questions about your eligibility, our experienced Social Security Disability attorney can guide you through the process.
We also assist clients with unique circumstances that may not clearly fall under standard SSDI rules. For example, we can help if you are blind, a widow or widower of a worker, a wounded warrior, or the parent of a disabled child. The Social Security Disability attorneys at Sharry & Monfette, LLP, understand the challenges you’re facing and approach your case with compassion and empathy. We are committed to helping you secure the financial assistance you need through the SSDI program. Contact us for a free case evaluation.
Appealing a Social Security Disability Denial
Receiving a denial for your initial Social Security Disability (SSD) benefits application can be deeply frustrating, but it’s crucial not to lose hope. There are four potential avenues for appealing a Social Security Disability denial. The first step is to request a reconsideration of your application. However, since this appeal is reviewed by the same agency that issued the initial denial, approval rates at this stage are generally low—unless you can provide new and compelling medical evidence to strengthen your claim.
If your reconsideration is also denied, the next step is to request a hearing before an Administrative Law Judge (ALJ). This stage offers the highest likelihood of success, especially for those who have legal representation. Having an experienced Social Security Disability attorney is vital throughout the appeals process, but it becomes especially crucial during the ALJ hearing. An experienced SSD attorney understands the nuances of an ALJ hearing, ensuring that your application and all supporting documents are current, complete, and compelling.
Should the ALJ decision not be in your favor, you can request a review by the Appeals Council. While approvals at this level are less frequent, they are still achievable. The final stage of appeal is to file a case with the Federal District Court, where legal representation is mandatory.
Worcester, Massachusetts Social Security Disability Attorneys
As dedicated and professional Social Security Disability attorneys in Worcester, Massachusetts, we are committed to being your trusted advocates throughout the entire process. Whether you’re determining your eligibility, understanding the qualifying criteria, or appealing a denial, you can rely on us to listen, counsel, protect, and advocate for you. We work tirelessly to secure a favorable outcome on your behalf.
Located in Worcester, Massachusetts, our law office serves Social Security Disability clients across the state, including Worcester County, Middlesex County, Norfolk County, and cities such as Boston, Brockton, Cambridge, Chicopee, Fall River, Framingham, Haverhill, Lawrence, Lowell, Lynn, New Bedford, Newton, Quincy, Somerville, Springfield, Waltham, Worcester, and beyond. Contact us today for a free case evaluation.
