Answers To Your Social Security & Disability Questions
You must be unable to work full time or close to full time due to a physical or mental impairment that has lasted or is expected to last at least 12 months or result in death. There are exceptions to this general rule.
You do not need to be off work for six months to apply. Social Security will only pay benefits up to one year prior to the application date so it makes sense to apply as soon as you know you will not be returning to work.
We do not collect an attorney fee unless we win your case. You have nothing to lose and everything to gain by hiring us to represent you in your claim for disability benefits.
Social Security considers your age in determining whether you are disabled. Generally, being a younger individual, under age 50, does not prevent you from obtaining benefits if you are unable to perform any work. It is more difficult for people under 50 to obtain benefits; however, if you can’t work, you can be found to be disabled.
When you qualify for disability benefits, your children may also qualify on your record. Your eligible child can be your biological child, adopted child or stepchild. A dependent grandchild may also qualify. The child must be unmarried; and be under age 18; or be 18-19 years old and a full-time student (no higher than grade 12); or be 18 or older and have a disability that started before age 22. Within your family, each qualified child may receive a monthly payment up to one-half of your full disability amount, but there is a limit to the amount that can be paid to the family as a whole. This total depends on the amount of your benefit and the number of family members who also qualify on your record. The total varies, but it is approximately 150 to 180% of your disability benefit who also qualify on your record. The total varies, but it is approximately 150 to 180% of your disability benefit.
Disability claims of widow(er)s and surviving divorced spouses require the deceased spouse be eligible for benefits at the time of his/her death. Only marriages of certain lengths allow for benefits based on the work history of a spouse: 10 years for a surviving divorced spouse and, with some exceptions, 9 months for a widow(er). Widow(er)s and surviving divorced spouses must be at least 50; and their disabilities must start within seven years of the death of the spouse. The rules are complicated. Please contact Pillar Law Group with your questions.
A disabled adult child of a retired, disabled or deceased worker may receive benefits on the earnings of a parent. An adult disabled claimant of any age, who has never paid any social security taxes, can be eligible for disabled adult child benefits on a parent’s account beginning when the parent retires, becomes disabled, or dies. A person is entitled to child’s benefits on the earnings record if they are the person’s child; they are dependent on the parent; they are not married; they are under age 18; they are 18 years old or older and have a disability that began before age 22: or they are 18 years or older and qualify as a full-time student.