Overview of Social Security Disability Law

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Social Security is based on a simple concept: While you work, you pay taxes into the Social Security system, and when you retire or become disabled; you, your spouse and your dependent children receive monthly benefits that are based on your reported earnings. Also, your survivors can collect benefits if you die.

The amount of your Social Security benefit is based on several things: how much time you spent in the workforce, how much money you made, and your age when you start receiving benefits. The longer you have spent in the workforce, and the more money you make, the higher your Social Security benefit will be.

The Social Security Administration administers two separate federal income support programs for people with disabilities: Social Security Disability Insurance and Supplemental Security Income.

If you become disabled at work you may be eligible for Social Security Disability Insurance (SSDI). "Disabled," under Social Security, is based on your inability to work. You are disabled under Social Security if: you cannot do work that you did before; you cannot adjust to other work because of your medical condition(s); and your disability has lasted or is expected to last for at least one year or to result in death.

In determining whether an applicant is disabled, the Social Security Administration asks five questions:
1. Is the applicant working?
2. How severe is the applicant's condition?
3. Is the applicant's condition on the list of disabling impairments? (the Social Security Administration has a list of severe impairments that automatically qualify as "disabled.")
4. Can the applicant do the work he previously did?
5. Can the applicant do any other kind of work?

Generally, your disability benefits will continue as long as your medical condition has not improved and you cannot work. Benefits will not necessarily continue indefinitely. You should apply for disability benefits as soon as you become disabled. You don’t need to be permanently disabled, but you typically must be likely to miss one year or more from work.

Supplemental Security Income (SSI) pays benefits based on financial need. If you have limited income and resources, you may be able to get SSI. SSI is a federal program that provides monthly payments to people age 65 or older and to people who are blind or disabled. If you get SSI, you also may be able to get other benefits, such as Medicaid and food stamps.

Social Security benefits are not paid automatically. You must apply for them using special forms. You may also have to provide several documents, including your Social Security card, birth certificate, and proof of U.S. citizenship, if you weren't born in this country. You may need to present other documents, depending on what type of benefits you're seeking. Further, you have to follow certain time restrictions and guidelines making the whole process very tedious and confusing.

If you are unable to work because of illness or injury, you may qualify for Social Security disability benefits. If you have wrongfully been denied benefits, or if the Social Security Administration stopped your benefits, or if you would like help applying for benefits, please contact us for a referral to an Illinois social security attorney.