Disability Insurance Benefits under the Federal program is available to "disabled" persons so long as he or she has sufficient quarters of "covered" employment. Generally, you must have a sufficient number of quarters of coverage or work credits to have insured status.

Depending upon your earnings history, you can earn one work credit for each quarter or a maximum of four credits per year. Generally you need 20 credits (5 years) of work in the 10 years preceding when your disability started, and 40 lifetime credits. There are different rules for "younger" workers who become disabled.

SSI is a Federal Income Supplemental Program designed to help those who are 65 or older, blind, or disabled and who have limited income and resources available to them. SSI looks at money from work and money you receive from other sources, as well as things that you own such as bank accounts, real property, vehicles, personal property, etc. to determine if you meet the non-disability requirements.

The definition of "disability" for both Social Security Disability and SSI is the same. The disabled person must be unable to engage in any substantial gainful activity by reason of a medically determinable physical or mental impairment which can be expected to result in death or which has lasted or is expected to last for a continuous period of not less than 12 consecutive months.

Filing an application for Disability Insurance Benefits or SSI can be accomplished in several different ways.

• You may make an appointment with your local Social Security office for a telephone intake;
• You may go into the local service locvation and pick up the necessary forms to fill out and return;
• You may file your applications on-line by going to the Social Security website www.ssa.gov

Regardless of the manner in which you file the application, you should be prepared to fill out a large number of forms as part of the process.

• After you file, the Social Security Administration will issue its initial Determination, explaining whether or claim was approved or denied.
• If you are denied, you will have 60 days to file a Request for Reconsideration.
• If that Request for Reconsideration is timely filed, the Social Security Administration will review your claim and any additional evidence you wish considered.
• The Social Security Administration will then issue a Reconsideration Determination.
• If your claim is again denied, you will have 60 days to request a hearing before an Administrative Law Judge.
• If a Request for Hearing is timely filed, the Office of Hearings and Appeals will hold a hearing before an Administrative Law Judge. At the hearing, you will have the opportunity to testify and give evidence regarding your medical, mental and/or vocational limitations. Medical or Vocational experts may appear at the request of the Administrative Law Judge. It is at the Hearing stage that an attorney should be present on your behalf. We can assist in preparing your testimony and helping to identify and assist medical or vocational experts as they prepare to testify.
• The Administrative Law Judge will then issue a Decision, which you may, if necessary, appeal to the Appeals Council and possibly to the United States District Court, should you disagree with the decision.

Note: The above information is intended as an overview and not a comprehensive discussion of Social Security law. For more information, contact Robert Merriman at 509-783-7326.

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