Maryland Injury and Disability Law : Washington DC Metro Injury & Disability Lawyer & Attorney : Greenberg & Bederman : Accidents, Falls, Medical Malpractice : Maryland, DC, Virginia

It seems to be working. If you browse the internet, listen to talk radio, read newspaper columns or even look at billboards on the highway, you will see a concerted effort to change the definition of what entitlements are in the hopes that the United States will simply stop having them.

The fiction is that our “entitlements” (Social Security, Medicare, Medicaid,) are simply giveaways, funded by those who work hard and received only by those who don’t. They also like to push the idea that the monetary benefits that people receive from these programs allow them to live in luxury when in fact it isn’t much money at all.  It’s the myth of “the welfare queen” that many conservative politicians have used so successfully so often.  

However, “handouts” isn’t what government entitlements are. The reason you are “entitled” to Social Security, Medicare and Medicaid is because you paid into them. This money isn’t removed from your paycheck for fun. It’s removed to both pay for current recipients and to determine exactly how much you will receive in the future when you become eligible to receive these benefits. It is the exact opposite of a “handout,” and “privilege” doesn’t apply either. A “privilege” implies that you are getting something that nobody else gets, which isn’t the case for Social Security, Medicaid or Medicare.

Warren Buffet is a multi-billionaire. He is also 81 years old. He receives a monthly Social Security check, even though he doesn’t need it. Is he a welfare queen? He is also eligible for Medicaid or Medicare should he need it (although it is doubtful that he ever will.) He doesn’t receive any of that money or medical care because he is privileged or worth billions. He receives these things because he is 81 years old and has been paying into the system for his entire working life.

A public school teacher who makes significantly less than Warren Buffet will also be receiving Social Security checks when she is 81 years old. She will also be eligible for Medicaid or Medicare. She won’t be receiving that money or medical care because she is lazy or didn’t work hard. She will receive these things because she is 81 years old and has been paying into the system for her entire working life.   

It doesn’t matter where you started or where you ended up in terms of finance, luck or personal responsibility when it comes to Social Security, Medicare or Medicaid. As a tax paying citizen of the United States, you have paid into them for your entire working life. They are not charities, they are not handouts, and they are not “entitlements” in the pejorative sense of the word.

Included in this is Social Security Disability Insurance, which is financial coverage that you can apply for if you get injured or become ill and are no longer able to work. You have paid into this fund for your entire working life. It isn’t charity or being a leech on the system if you apply for SSDI coverage. In fact, not applying for Social Security Disability Insurance if you get injured and can’t work is like getting into a car accident and not using your insurance to help handle the damage. Your car insurance isn’t charity, and neither is your Social Security.

At Greenberg and Bederman, a significant part of our practice is helping Virginia, Maryland and Washington, D.C. injury victims get through theSocial Security Disability Insurance process. That means our lawyers help you apply, deal with the paperwork, and represent your interests in any hearings that occur. If you or a loved one has been injured or has suffered an illness and cannot return to work, contact Greenberg & Bederman for a free consultation.

• You have an injury or illness that prevents you from doing the work that you used to do. In other words, if you used to have a job that required heavy physical labor and you severely injure yourself in a car accident, it is unlikely that you will be able to continue to work at your same job.
•  You can’t do other work because of your condition. Making a career change happens to many people at some point in their lives, but with severe injuries or debilitating illnesses a career switch simply isn’t an option. If you have an injury where simply sitting upright causes you pain, there aren’t many employment positions available.
•  Your disability is expected to last at least a year or to result in your death. It is important to realize that SSDI is generally for people who have been severely injured or are severely ill. Injuries that result in permanent impairment or injuries that will take extensive and lengthy recovery periods are generally the types that are considered for SSDI benefits.

If your condition meets these general criteria, then it falls to the Social Security Administration to determine whether or not you are actually disabled. They do this by asking five questions.

1.       Are you currently working? The idea here is that you can’t really be considered disabled if you are holding down a job and earning more than $1000 a month.  If you are currently working and making more than that, then as far as the SSA is concerned, you aren’t disabled.

2.       Is your condition Severe? In other words, does your condition directly affect your ability to work? Can you not work specifically because of your injury or illness?

3.       Is your condition on the list of disabling conditions? The Social Security Administration has a list of conditions which will automatically qualify you for SSDI. You can find that list here. If your condition is not on the automatically disabling list, that doesn’t mean you should give up. It just means that they take a longer time considering whether or not you will qualify.

4.       Can you go back to your old job or go back to similar work? If you get into a car accident, but are still able to do the job that you had before you were injured, then you will not qualify for SSDI. This has become more and more common in recent years, as a great deal of the work is more automated and less based on manual labor.

5.       Can you do any other type of work? The key here is that they want disabled to mean “severely disabled.” If your injury has you completely bed-ridden or has left you with brain injuries, then there is a high amount of probability that you would not be able to transfer your skills over to any other job, or really do any other job for that matter.

These are the basic qualifications for Social Security Disability benefits, but what has not been mentioned so far is that the process for applying for these benefits can be very long and quite complicated. There are rejections and appeals, many of which are decided by a presiding administrative law judge. This is not like waiting in line at the DMV to get a driver’s license. It’s more complicated than that.

This is why having experienced legal representation to assist you with your application is so important. It could be the difference between being provided with crucially needed income for you and your family and being left with nothing at all. With serious injuries, or a questionable disability problem, such as mental illness, the stakes are too high to attempt to do without legal counsel.

 Greenberg &  Bederman is a D.C. based law firm that helps injury victims get through the injury process, and that includes helping them with the applications forSocial Security Disability benefits. We serve clients in Silver Spring, Maryland and Baltimore, and have helped hundreds of people all over Maryland, Virginia and Washington, DC. If you or a loved one needs assistance in getting through the SSDI process, contact our social security lawyer Audrey Randall, for a free social security legal consultation.