The Duke Firm of Dallas frequently receives questions about Social Security disability and benefits. The Social Security Administration came into being with the 1935 signing of the Social Security Act, which was originally designed to protect those aged 65 and older who were no longer working. In 1939, the act was amended to include benefits for spouses and dependent children of retired workers, as well as payments for disability and premature death. To fund the system, United States workers and their employers pay Social Security taxes on their earnings.

In order to receive Social Security disability benefits, you must meet some fairly stringent requirements.

• You must be unable to do "substantial" work because of a diagnosed physical or mental condition, and
• You must have an underlying medical condition that has lasted (or is expected to last) for one year or cause your death.

One you file an application for disability payments, you will have a telephone or in-person interview with a case examiner, who is an employee of a state agency charged with determining the extent of the disability. You may also be asked to have a medical exam with a doctor who contracts with the Social Security Administration. If your claim is initially denied, you can and should appeal. If the decision is eventually reversed, you will begin receiving benefits more quickly than if you had not appealed and simply filed a new claim.

The Social Security Administration provides two types of disability payments, and both rely on the same application and qualification requirements. Social Security Disability Insurance (SSDI) is based on your earnings for the ten years prior to the onset of your disability. Supplemental Security Income (SSI) is a needs-based program with payments determined by what you owe and the income you have. It does not rely on past work history.

Applying for either SSDI or SSI disability can be a complex and frustrating prospect, and far too many individuals who are truly disabled are not approved during the initial process. Only after they hire disability attorneys do they receive the benefits they're due.

If you need help with a Dallas disability benefits, contact the Dallas SSDI and SSI attorneys of the Duke Firm by calling 888-314-5720 (toll free), or completing the online contact form.