Laws That Apply To Disability Claims

by | May 4, 2017 | Lawyers

Social Security law consists of those rules and regulations that are used by the Administration when determining if an applicant for disability benefits qualifies and if he or she is qualified, how much in the way of monthly income will they receive. State and local laws do not apply as Social Security is a Federal Government program.

Social Security disability insurance benefits are available to people that suffer from a disability that is diagnosed to last a year or more. To avail of SSDI, the applicant must have worked and paid into the system through their payroll taxes (FICA) and not yet reached retirement age. SSI, Supplemental Security Income is a totally different program and is administered under its own Social Security law in Missouri. An individual does not have to have contributed to the system to avail of SSI; however, they must have little or no income or assets.

Requirements to avail of disability benefits:

There is a very specific Social Security law in Missouri that details the eligibility requirements for SSDI and SSI. The system is based on “work credits,” a certain number of credits are granted every year of employment and are based on income. Every time a worker is paid, he or she receives one work credit for every $1160 of income. The law provides for earning four work credits every year. To be eligible for benefits the applicant must have a total of 40 work credits, 20 of these credits have to have been earned in the 10 years preceding an application for disability benefits.

For those claiming SSI their application is based on need, not work credits. The Social Security law in Missouri states that an applicant for SSI cannot earn more than $710 monthly, the computation to determine if an applicant will be awarded some benefit is quite complex as it include in-kind services such as free rent.

With the laws being so complex and strict it is in an applicant’s best interest to hire an attorney that is experienced in handling Social Security disability claims for clients.

Social Security law in Missouri can be very complex and is best understood by a lawyer that specializes in this area of law. If you need a Social Security disability lawyer to help you with your case you are welcome to contact Grundy Disability Group, LLC.

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