How Does Disability Laws Work?

In the United States it is possible to obtain a Social Security Disability in case of having a medical problem that makes it impossible for us to work. But how does the system work? Who has the right to obtain one of these insurance? What are the requirements?


Legal requirements

To qualify for Social Security disability benefits, you must have held jobs that paid Social Security or Social Security taxes . This means having worked legally, paying taxes or taxes.

It is also a requirement to have a Social Security Number , be authorized to work in the United States or have a B-1, D-1 or D-2 Visa, and be able to verify that the person is in the country legally.


About the medical condition

In addition, the person must have a medical condition that meets the definition of “disability” of Social Security. Normally, the government of the United States, grants monthly benefits in cash to those people who can not work for more than a year because of a disability. That is, this benefit does not apply to cases in which, for example, the person has had an accident at work and can not work for two, three months, or eleven months. In such a case, which is likely to apply what is called the Workers ‘ Compensation or Workers’Comp , not the Social Security Disability Insurance.


The definition

Social Security only pays for a total disability. No benefits are granted for a partial disability or for a short-term disability. The term “disability” according to Social Security is based on the inability to work. A person is considered disabled under the rules of Social Security if:

  • you can not perform the work you did previously;
  • it is decided that he can not adapt to another job due to his medical conditions; Y
  • The disability has lasted or is expected to last at least one year or result in the death of the person.


Old people

For seniors who receive this benefit, it is important to know that when you reach full retirement age , your disability benefits will automatically be converted to retirement benefits.