A Social Security disability claimant will be considered totally disabled if he is unable to do any kind of work for which he is suited and his total disability has lasted or is expected to last for at least one year, or result in death. The disability can be due to a physical or mental condition, or a combination of a number of such conditions. If the claimant is found to be totally disabled, Social Security benefits will continue as long as the claimant remains disabled.

There is no age requirement for the receipt of Social Security disability benefits. If the claimant is receiving Social Security disability benefits at age 65, the disability benefits are automatically converted to retirement benefits.

Who May Receive disability Benefits?

Members of the claimant’s family may qualify for Social Security disability benefits based on the claimant’s earnings record, including children under the age of 18, or 19 if in high school full time, unmarried children 18 or older if disabled prior to age 22, or a spouse, age 62 or older. Social Security disability benefits to children are made under SSI.

SSI pays benefits to disabled needy individuals of any age, including children. Under SSI, children are considered disabled if they have a physical or mental condition which is so severe that it results in marked and severe functional limitation. As with an adult, the child’s condition must last or be expected to last at least twelve (12) months, or be expected to result in the child’s death. The amount of SSI to which a disability claimant is entitled depends on what the claimant owns and how much income he or she has. If a claimant is married, the Social Security Administration will also consider the income and property of the claimant’s spouse in making a determination of entitlement to SSI disability payments.

Worker’s Compensation.  What is it?

Worker’s compensation provides monetary compensation to a worker who is injured or becomes ill as a result of his or her employment. Some common types of workplace injuries include:

• Back injuries or other muscular injuries due to heavy lifting or twisting

• Injury accidents due to unsafe equipment or working conditions, including brain injuries

• Repetitive motion stress injuries such as Carpal Tunnel Syndrome or Tendinitis

• Illnesses resulting from exposure to harmful chemicals or materials such asbestos