An Overview of Social
Security Disability
As many of us know when we look
at our paychecks, there is a deduction for FICA, otherwise
known as Social Security. Except for those employees
who are employed by state, municipalities, cities and
towns, we all contribute to a retirement program during
the years in which we work and later draw on it when
we reach designated retirement ages. For some, however,
injuries and/or diseases prevent us from working and
otherwise render us disabled. In select situations,
individuals who are totally disabled for all gainful
employment may look to the federal government for monthly
benefits to replace the income they lost due to injury
or disease. These benefits are commonly known as Social
Security disability benefits and include monthly checks
and health insurance coverage. In order to collect,
individuals must be disabled for at least a year or
have an impairment that will last at least a year.
Their monthly benefits are calculated on the basis
of prior years’ earnings
with a cap applied.
Generally speaking,
disabled persons who have made contributions in at
least 20 quarters of the previous 40 [each year containing
four quarters] can expect to receive 80% of their prior
earnings up to a certain maximum less any monies received
from other sources, such as worker’s compensation or short/long
term disability plans. The test used to determine eligibility
varies on the basis of age, education and prior work
experience. Obviously, the extent and duration of the
disability or disabilities plays a large role in determining
entitlement as well. Once eligibility and entitlement
have been established, benefits will continue until
the claimant returns to work, recovers from his or
her disability, or reaches the age of 65.
The Law Offices
of James H. Sandman, P.C. have successfully
represented disabled claimants in Massachusetts and
New Hampshire for more than thirty years. Attorney
Sandman advises his clients that they should not be
discouraged if they are denied benefits upon initial
application or at the reconsideration level [only applicable
in Massachusetts]. When Attorney Sandman and staff
undertake a case on behalf of a disabled claimant,
they do so strongly believing that they will prevail.
Although no attorney should ever guarantee a specific
result, Attorney Sandman and staff can guarantee that
they will exert every effort to do that which is necessary
for their clients. Attorney Sandman likes to think
that the large number of returning clients and those
referred by past clients are a strong testament to
that effort.
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