Social Security Disability Benefits

If you become disabled, your employee rights might entitle you to the disability benefits provided by the Social Security Administration (SSA).

Your employee rights might also entitle you to the benefits of vocational rehabilitation and other free "back-to-work" programs provided by the SSA.

Independent contractors and other self-employed individuals might also be entitled to same.

If you qualify, Social Security Disability Insurance will pay monthly cash benefits to you and certain members of your family.

To qualify, generally, you must have been unable to work for at least a year, because of a disability as defined by the SSA. You must have also paid sufficient Social Security (FICA) taxes.

If you're an employee, you likely pay FICA taxes through automatic paycheck deductions. If you're self-employed, you likely pay them though quarterly self-employment taxes.

Whether or not you qualify for Social Security disability benefits, you might be eligible for state disability benefits or related back-to-work programs.

If you qualify, Supplemental Security Income (SSI) will pay cash benefits to help you meet your basic needs for food, clothing and shelter. SSI pays benefits based on financial need, not based on FICA taxes paid. To qualify, generally, you must be aged, blind or disabled, with little to no income and limited resources.

If you disagree with a disability benefits determination that the SSA makes about you, your employee rights entitle you to appeal through several levels, including requesting a hearing before an administrative law judge and filing a Federal lawsuit.

Many attorneys specialize in representing workers who appeal a denial of Social Security disability benefits. Unless you possess razor-sharp litigation skills, it's likely a good idea to hire an appropriate attorney to represent you, particularly if you are to appear before an administrative law judge or you choose to file a lawsuit. See "Your Right To Representation" for more information.

For more information about Social Security Disability Insurance, SSI and related programs, browse the SSA Web site. See also Disability Info, a Federal Government Web site designed to help disabled people.

The SSA announced a cost-of-living adjustment (COLA) on October 17, 2007. It increased benefit amounts by 2.3 percent on average, including those from Supplemental Security Income and Social Security Disability Insurance. The SSA will announce the next COLA on October 16, 2008.