Without warning, you may find yourself facing a debilitating medical condition from either injury or illness that changes your life. The financial and emotional fallout following such an event can prove financially and emotionally burdensome, with few answers appearing obvious. Our firm, The Law Offices of Russell J. Goldsmith, and its founder, Attorney Russell J. Goldsmith, has been committed to helping New England’s Disabled with the advice and assistance they need with their Social Security and Personal Injury cases for more than 33 years. Our team, located in offices in ME, MA and NH, is dedicated to giving each client the personal attention that she or he needs.
Social Security Disability Insurance (SSDI) is a government program created to provide monetary support to individuals who find themselves unable to work due to a severe and long-term medical condition. Most people have paid into the Social Security Disability Insurance system through their payroll tax deductions, which include deduction amounts for Social Security and Medicare by way of FICA contributions.
In order to be entitled to these benefits, a worker must complete the application process through the Social Security Administration (SSA) and meet both the earnings requirement and the medical requirement. Essentially, the earnings requirement means the applicant has worked and contributed into the Social Security disability system for a certain number of years (earning what the Social Security terms “quarters of coverage”) within a certain proximity of time to the time they became disabled from working. Assuming this to be the case, they will be considered “insured” for disability benefits under the Social Security Disability Insurance program. The particular amount of time is set forth by rule and differs based on the applicant’s age and work history at the time of disability. The medical requirement under the program is that the applicant prove they have been suffering from a “severe medical impairment(s)” that cause(s) them to remain disabled from performing any manner of substantial gainful activity for a year or which condition(s) are expected to result in death.
Broadly speaking, the disability test requires one to show that their condition severely hinders their ability to perform very basis work tasks, such as walking, sitting, standing, lifting, carrying, concentrating on tasks for periods of time and remembering basic instructions (among many others). One must remain unable to engage in any manner of substantial gainful employment, not just his or her current job. The agency will consider the applicant’s age, education, skills, experience, and medical condition in its analysis of whether the applicant is able to do other work. One is well advised to retain legal representation for assistance throughout the entire process, from initial claim and, if necessary, the appeals process. If your application is denied, you will have the opportunity to appeal that decision with an attorney if you choose: that process starts with a Request for Reconsideration in Maine and Massachusetts and with a Request for Hearing before an Administrative Law Judge in New Hampshire.
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