Applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) involves understanding and meeting various federal requirements. For many disabled individuals, it can be difficult to grasp the Social Security Administration’s (SSA) eligibility rules. If you’re having trouble understanding South Dakota disability qualifications, Ficek Law, PC is here to help.
Social Security Disability Benefit Programs
Both SSDI and SSI offer financial support to individuals with disabilities who are unable to work due to their medical condition. However, eligibility requirements for SSI and SSDI do differ.
SSDI in South Dakota: Social Security Disability Insurance benefits are awarded to individuals who have contributed to the Social Security System via payroll taxes. This means claimants must have a substantial and recent work history to apply for SSDI.
SSI in South Dakota: Supplemental Security Income extends benefits to the disabled, blind, and individuals aged 65 or older. Claimants must have limited income and resources to qualify, as SSI is a needs-based program. It’s designed to support those who have never worked or haven’t worked long enough to be eligible for SSDI. Unlike SSDI, SSI evaluates financial need as opposed to work history.
The SSA’s Qualifications for Disability in South Dakota
Contemplating how to qualify for disability in South Dakota? Here’s a breakdown of the various eligibility requirements put forth by the SSA:
- You Must Meet the SSA’s Definition of Disability: The SSA characterizes a “qualifying condition” as a disabling medical condition that is expected to persist for at least 12 months or result in death.
- Substantial Gainful Activity (SGA): Your disability must prevent you from working and earning a sustainable income (performing SGA).
- Blue Book Listings: Your disability must meet or be equivalent to an impairment listing in the SSA’s Blue Book.
- Work Credits (exclusive to SSDI): SSDI eligibility revolves around work credits you’ve garnered. Typically, you need to have 40 work credits, half of which were acquired in the last decade before disability onset, to qualify for SSDI.
- Income & Asset Constraints (specific to SSI): To be eligible for SSI, your income and assets must not surpass allowable income limits.
Filing A Disability Claim
Submitting a disability claim requires that you collect substantial medical and non-medical evidence to support your case. You must also adhere to specific protocols and timelines put forth by the SSA. Failure to file a claim correctly, on time, or failure to provide necessary supporting evidence may result in a denial of benefits.
- Medical Documentation: Gather medical evidence such as physician feedback, tests, medication records, and treatment outcomes to substantiate your claim.
- Non-Medical Evidence: Gather testimonials from acquaintances, family, colleagues, etc. that highlight the constraints imposed by your disability.
- Kickstart the Application: Contact a qualified attorney to help you file your claim. At Ficek Law, PC, our team will assist you in navigating the disability application process.
- Awaiting the Verdict: Post-application, a Disability Determination Services (DDS) agency evaluates your claim. This phase can span several months.
- Appeals: If you’re denied benefits, you can still challenge the determination through the appeals process. This can involve several steps, including reconsideration, an administrative hearing, and following through all the way to federal court.
Ficek Law, PC | Your South Dakota Disability Attorney
Understanding South Dakota disability qualifications is essential if you’re trying to apply for benefits. The fact is, most initial disability claims are denied. Often, claimants don’t provide enough evidence to support their claim or they file incorrectly. While the SSA’s eligibility criteria and protocols are intricate, working with a professional disability lawyer in South Dakota can increase your chances of success.
Ficek Law, PC is dedicated to representing every case with efficiency and compassion. If you’re asking, How do you qualify for disability in South Dakota? Anton G. Ficek is here to help. As an esteemed attorney with years of experience working with disabled clients, he stands ready to fight for you.
At Ficek Law, PC, no case is too complicated for us to handle. Contact us today to schedule a free consultation.
