Indianapolis Disability Attorney Services

/Indianapolis Disability Attorney Services
Indianapolis Disability Attorney Services2018-12-14T10:38:18+00:00

An Overview of Social Security Disability

Federal and state governments offer Social Security disability benefits to those who suffer from a severe physical or mental disability condition that is expected to last for at least 12 months or result in death.  Individuals may receive Social Security disability benefits for a variety of conditions including heart failure, schizophrenia, arthritis, and other conditions.

Social Security Provides Two Types of Disability Programs

Title II of the Social Security act provides monthly benefits to workers who had worked a sufficient length of time and paid FICA tax during that time.  The benefits available under Title II are referred to as Disability Insurance Benefits (DIB).  Disability Insurance Benefits (DIB) were designed to partially replace earnings lost due to disability.

Title XVI of the Social Security Act created a national uniform disability benefit for low-income people, replacing a myriad of state-operated disability welfare programs.   The benefits under Title XVI are referred to as Supplemental Security Income (SSI) benefits.  SSI benefits are administered by the Social Security Administration to assist people who are blind, disabled, and  those who are 65 or over who have low income and limited resources.

Some people receive both Social Security Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI).  Some people who receive Social Security Disability Insurance Benefits (DIB) have a sufficiently high monthly benefit, or have other income or resources of a disqualifying amount, and are not eligible for Supplemental Security Income (SSI).

The definition of disability is the same for Social Security Disability Income Benefits (DIB) and Supplemental Security Income (SSI).  It is not true that a disability is easier to establish in one program or another.

Disability Benefit Eligibility

To be eligible for Social Security Disability Income Benefits (DIB) and/or Supplemental Security Income (SSI), a claimant must prove that he or she is unable to engage in any substantial gainful activity by reason of a medically determinable physical or mental impairment and that the disability can be expected to last for a continuous period of not less than 12 months. To receive government assistance, disabled individuals must prove that their condition is serious enough to prevent them from gaining employment.  There are additional factors that the Social Security Administration considers in a request for disability benefits; for example, the claimant’s age, educational level, and work experience.  The Social Security Administration will also review the applicant’s compliance with medical treatment programs and their routine daily activities.  The Social Security Administration has guidelines to determine if the claimant is capable of performing lighter types of work.

In many cases, the first claim of those who apply for Social Security disability benefits is denied.  There are well defined processes for reconsideration and formal hearings before an administrative law judge to review decisions that result in a denial of claims.  The complex process of applying for Social Security disability benefits may require the knowledge and expertise of a qualified Social Security Indianapolis disability attorney to ensure you receive the benefits you deserve.

Barnes Cadwell Law

Barnes Cadwell Law, A Professional Association of Attorneys, can assist with Social Security Indianapolis Disability claims. Barnes Cadwell Law can help avoid unnecessary delays in your application process by gathering the information necessary to present your claim effectively to help a judge determine that you deserve the benefits.

A complete understanding of Social Security Administration regulations and requirements are among the most important elements when presenting your case during the review process.  Remember that there are several opportunities for the review of a claim that has been denied; including  (in succession) formally requesting reconsideration, review before an Administrative Law Judge, an appeal to the Appeals Council, and ultimately an appeal to Federal Court.  Denial of your initial request/claim for benefits doesn’t mean you should not take advantage of opportunities for reconsideration and review.