In the event of a member’s disability, his or her beneficiaries will be entitled to monetary claims in lieu of his contributions primarily funded by the payroll taxes, called the Federal Insurance Contributions Act tax (FICA), back in the days when he or she was still earning. These tax deposits are entrusted to the Federal Disability Insurance Trust Fund, and other trust funds that go alongside the kind of contribution that shall be made. Since a large portion of these contributions go to the payment of retirement benefits, disability claims may take time to process. Nevertheless, this will be based on the amount of the monthly benefit to which the member or worker is entitled to will solely depend upon the earnings record.

The eligibility formula for workers who claim social security disability insurance requires a certain number of credits that is based on earnings, as previously earnings. These benefits often begin after the five full calendar months of disability. It has to be proven that the worker is no longer able continue in his present work, or is unable to bend to the demands of another type of work due to his present condition, taking into account his age, education, and work experience.

In claiming a Social Security Disability Insurance (SSDI), the member may apply for the benefits on his own or hire a representative to facilitate the application on his behalf. There are two primary types of paid organizations that represent an SSDI. The first organization would be companies with experienced specialists that handle SSDI applications and appeals across the country. Then, there are law firms that specialize in disability related cases in a local community. The latter is where most members forward their cases since the matter will be handled by experts of the law and expenses for the application is often packaged to mitigate any possible future costs. Nevertheless, most SSDI applicants would have a disability representative for their appeal. They normally comprise ninety percent (90%) of the total number of applicants. This is being practiced more because it has been indicated that having a disability representative in the initial part of the process has significant advantages in getting a chance to have the four major types of disabilities in the SSDI applications approved.

Benefit for the Spouse

For the current spouse, his or her eligibility stands and the procedure for claiming benefits will run smoothly if proper documentary requirements are filed at the U.S. social security administration. However, for the divorced or former spouse, they are still generally eligible if the marriage lasted a good ten (10) years. Civil unions of same sex couples are, unfortunately, not recognized by the program called OASDI (old age, survivors, and disability insurance) for such kind of benefit because they are not covered and recognized under the federal Defense of Marriage Act (DOMA) law.

Benefit for the Child

A child of a disabled social security member should be declared as a beneficiary or dependent in the application if the child is under the age of 18, or between 18 and 19 years of age and has not yet graduated from high school. The child may also be considered a dependent if the child is over the age of 18 and below 22, yet could no longer fend for himself, due to disability. In a similar case, however, where an in vitro fertilization has been undergone by the parents of a child, when a parent who is an eligible social security member becomes disabled, the child may still enjoy the social security benefits of being a dependent. It must be taken note also that the standards for severely disabled children are different from those stated for adults.

Elizabeth C. Ryan is a Chicago Social Security Lawyer.