Social Security Disability Insurance Benefits - You Paid For Them
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Most United States taxpayers are the beneficiary of a disability insurance policy.
This “policy” provides for monthly payments in the event that a wage earner becomes unable to work.
Disability is defined, for Social Security purposes as:
1. “The inability to do any substantial gainful activity by reason of any medically determinable, physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months”.
To meet the definition you must have a severe impairment, which makes you unable to do your previous work or any other substantial, gainful activity, which exist in the national economy.
The term “substantial, gainful activity” means work that involves doing significant and productive physical or mental duties and is done for pay or profit. If a claimant is able to engage in substantial gainful activity, then he is not considered disabled. This is true regardless whatever physical problems he may have.
In determining whether the claimant can do any other type of work, the claimant’s age, education, and work experience are very important.
The older a person is, and the less education a person has, the less likely they will be determined to have the ability to do other work.
It is easy to apply for Social Security Disability Benefits. There are Social Security offices in Fayetteville and in Smithfield. The personnel in those offices will assist and prepare the necessary paperwork. Application can also be made by phone.
Many people are determined to be disabled and therefore entitled to disability benefits upon the first determination. However, do not be discouraged if you are turned down at the first determination. There are several appeals available after the first determination. You should always appeal from a decision denying disability benefits.
The claimant is entitled to a hearing before an Administrative Law Judge. This Judge will hear the evidence anew and will not be influenced by the fact that the claim has originally been turned down.
While the initial application for social security disability benefits is easy to file and no lawyer is necessary, if the claim goes before an Administrative Law Judge, the claimant should be represented by an attorney. At Brent Adams and Associates, we have successfully represented hundreds of claimants who have been turned down repeatedly for disability insurance benefits. These claimants have gotten full social security disability benefits before the Administrative Law Judge.