Losing your job in a layoff does not automatically qualify you for Social Security disability (SSD) benefits. SSD is not an unemployment program. You need to have a physical or mental condition that makes it impossible for you to work for a minimum of 12 months. Thus, if you lose your job and can’t find work due to a physical or mental condition that impacts your ability to work, you can file an SSD claim. A disability attorney with years of experience in this type of benefits claim can help you prepare all the necessary paperwork and file your claim for you.
How Unemployment can Impact Your Eligibility for SSD Benefits
Your SSD claim can only be approved if the SSA considers you fully disabled. Thus, if you are still able to work to earn significant gainful income following your job loss, you cannot receive disability benefits. When determining your eligibility, the SSA will consider the aspect of working. Your ability to work will impact the type of benefit you may qualify for like Social Security Disability Insurance or SSI or Supplemental Security Income (SSI). Also, it can impact your disability qualification. For example, to get SSDI benefits every month, you should have been employed long enough to earn enough work credits and paid sufficient taxes to the SSA.
Eligibility of Disabled Workers Who Were Given Special Considerations at Work for Benefits
In some instances, claimants may have been in the same company for years and got laid off. Usually, as the employer knows the worker’s health problem, they give the worker special considerations to continue to work such as longer breaks, more time off, and less work. Unfortunately, the worker may not get the same special considerations from a new employer. The worker may file for SSD benefits but they may marginally qualify for benefits. The SSA may think they can still do some work despite their serious condition.
Getting disability benefits in such situations is more difficult; however, it is not impossible. Having legal representation can make a difference in the case. A disability attorney can help a claimant collect the evidence and documentation that can support how their mental or physical condition affects their home and work life. The best attorney to hire is one who has experience handling different SSD claims and is ready to guide a disabled worker throughout the entire claim process. And should the application gets denied, the lawyer is prepared to file an appeal for their client.
