Permanent Disability and SSA Payments

by | Jul 19, 2016 | Lawyer

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To receive disability benefits from the Social Security Administration (SSA), a person must meet the definition of “disability” under the Social Security Act. Disability Attorney in NC notes that under the Act, a person is considered disabled if he or she can’t work due to a severe medical condition that has lasted or is expected to last at least one year or result in death. The medical condition must prevent the person from doing work they did in the past, and it must prevent the person from adjusting to other work. If that is the case, SSA determines that person is totally disabled and qualifies for benefits.

Anyone receiving disability benefits is subject to an SSA review of their condition that takes place every three to seven years. Benefits usually continue until you can work again on a regular basis. However, Social Security has an obligation to provide benefits on a fast-track basis to any applicant whose medical conditions are so serious that they obviously meet disability standards. This includes anyone deemed to be “permanently” disabled; someone whose condition is not expected to improve over time. Compassionate Allowances (CAL) are a way for SSA to quickly identify diseases and other medical conditions that appear under the Listing of Impairments based on minimal objective medical information. For help in determining if you qualify for CAL, contact a Disability Attorney in North Carolina.

Compassionate Allowances are provided to men or women suffering from a rare disease, cancer, a traumatic brain injury and stroke, early-onset Alzheimer’s disease and related dementias, schizophrenia, cardiovascular disease, and multiple organ transplants and autoimmune diseases. Unfortunately, being diagnosed with a CAL condition does not mean a person will receive any additional money above what an individual is eligible for under the Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) disability programs. All CAL does is speed up the claim process so that a permanently disabled person can start receiving benefits as quickly as possible.

If you are determined to be permanently disabled, you will continue to receive your monthly benefit payment until you reach full retirement age. Once that happens, your disability benefits will automatically convert to retirement benefits, but the amount you receive each month will remain the same.  Should you have questions about whether your medical condition qualifies you for permanent disability status, or if you need help in filing for a Compassionate Allowance, contact The Clauson Law Firm.

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