Law

Exceptions in Filing a Social Security Claim For Disability Claim

Filing a social security claim for disability benefits can be complex and time-consuming. It is important to understand the rules and exceptions that may apply to your claim with the help of Gallo, Cazort & Co. Law Firm. Here are some key exceptions to consider when filing a social security claim for disability benefits:

  • Age

In general, you must be at least 18 years old to be eligible for disability benefits. However, there are some exceptions for children under the age of 18 who are disabled. Children who are disabled and meet certain criteria may be eligible for benefits through the SSI program.

  • Work history

For Social Security Disability Insurance benefits, you must have worked and paid into the Social Security system for several years. The number of years you must have worked depends on the age you became disabled.

  • Income and resources

You must have low resources or income. This means that your income and assets must fall below certain limits set by the Social Security Administration (SSA).

  • Medical condition

Your medical condition must meet the SSA’s definition of a “disability.” This means that the person must be unable to conduct any gainful physical activity because of a physical or mental impairment that has lasted or is going to last for a year (minimum) or result in fatality. The SSA maintains a list of impairments that are considered “automatic” disabilities, which means that an individual with one of these impairments will automatically be considered disabled.

  • Medical evidence

 To support your claim for disability benefits, you must provide sufficient medical evidence to the SSA. This can include test results, treatment summaries, and statements from treating physicians. It is important to keep your medical records up to date and to provide the SSA with any additional medical evidence they may request.

  • Waiting period

There is a waiting period of five full months before disability benefits can begin. This means that you must be unable to work for at least five full months before you can start receiving disability benefits.

  • Work activity

 If you can work in any capacity, even if it is limited, you may not be considered disabled by the SSA. If you work and earn more than a certain amount, you may not be eligible for disability benefits. However, the SSA has a program called the Trial Work Period that allows you to test your ability to work while still receiving disability benefits.

There are several exceptions to consider when filing a social security claim for disability benefits. These exceptions may include age, work history, income and resources, medical condition, medical evidence, waiting period, and work activity. Understanding these exceptions can help you determine if you are eligible for disability benefits and guide you through the process of filing a claim.

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