Social Security Law
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An Overview...
Social security is designed, as the title suggests, to provide security. To protect individuals from unforeseen catastrophes, the government spreads certain risks among all members of society so that no single family bears the full burden of such occurrences.
In the United States, the Social Security Program was created in 1935 (42 U.S.C. 301 et seq.) to provide old age, survivors, and disability insurance benefits to workers and their families. Unlike welfare, social security benefits are paid to an individual or his or her family at least in part on the basis of that person's employment record and prior contributions to the system. The program is administered by the Social Secuirty Administration (SSA) and since 1965 it has included health insurance benefits under the Medicare program. While the original act used Social Security in a broad sense and included federally funded welfare programs and unemployment compensation within its scope, current usage associates the phrase with old age, survivors, and disability insurance.
The Federal Old Age, Survivors, and Disability Insurance (OASDI) pays out monthly benefits to retired people, to families whose wage earner has died, and to workers unemployed due to sickness or accident. Workers qualify for its protection by having been employed for a minimum amount of time and by having made contributions to the program. Once an individual has qualified for protection, certain other family members are, as well. Financial need is not a requirement.
While the Social Security Act (federal law) governs an applicant's right to benefits, state substantive law governs some of the family relationship issues that may bear on that right such as the validity of a marriage.
Social Security Disability (SSDI/SSD) pays benefits to workers who have a medical condition what prevents them from working. To qualify for Social Security Disability benefits, you must have a work history covered by Social Security. You must also have a medical condition which will prevent you for working for one or more years.
Many initial Social Security Disability claims are denied on the initial claim. If a claim is denied, the claim will need to go to a hearing in front of an administrative law judge. This is commonly called a SSDI Appeal. During this stage an advocate or SSDI attorney can assist. A social security disability attorney will help properly organize the appeal paperwork, document the required medical proof and guide the claimant through the process. Working with a social security disability lawyer greatly increases the likelihood securing benefits in the social security disability appeals process. Social security disability appeals must be filed with a limited time frame. Once a claimant received their denial, they should immediately reach out to a social security disability appeals lawyer.
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