Oklahoma City Social Security Disability Law Blog

Have you suffered an injury that makes it impossible for you to do your job? Experiencing sudden unemployed after years of hard work can cause serious money issues.

If you meet certain conditions, you may qualify for Social Security Disability benefits based on what is referred to as the “worn-out worker” rule.

When a person is young, they may take their good health for granted. After all, it may seem like serious illnesses or injuries only happen to the elderly. However, this is a misconception. Any worker in Oklahoma, young or old, can develop a medical condition that is so severe that it renders them disabled. When this happens, they may want to pursue Social Security disability benefits.

To be eligible for SSD benefits, a person must fulfill certain requirements. First, they must have earned enough work credits while employed, which can only be obtained by paying Social Security taxes. The number of work credits needed depends on the person's age when they became disabled. Second, a person must be unable to perform any substantial gainful activity. Basically, this means they are unable to earn a certain amount of income. For example, in 2018 a person could only be eligible for benefits if they earned less than $1,180 monthly (or $1,970 monthly if their disability was blindness). Third, they must be unable to do any job that they are qualified to do.

A federal law passed in 2014 established ABLE accounts, which permit those who receive Social Security disability benefits to save a maximum of $100,000 in the ABLE account while still retaining their government benefits. ABLE accounts are offered by 42 states, including Oklahoma, and the District of Columbia. However, an analysis from the National Association of State Treasurers states that fewer people than anticipated have so far opened ABLE accounts.

As of the end of 2018, only 35,000 ABLE accounts were established in the U.S. However, the state treasurers' group reports that 450,000 ABLE accounts need to be funded by June 2010 for the government to continue offering this program as it currently stands. While the program itself is likely to remain an option for some, some state programs may have to raise their fees if more people do not open ABLE accounts.

The United States of American is often described as a melting pot where individuals of different races and backgrounds, religions and beliefs, live together in a relatively harmonious shared community. This description accurately describes Oklahoma, where individuals of all walks of life come together in their places of employment, residential developments, and institutions of learning. It is not uncommon to hear different languages being spoken as one walks down the street or rides on a city bus.

In the near future, however, one of those unique characteristics may be identified and used as a means of preventing some adults from pursuing disability benefits. The federal government is looking into cutting disability benefits to older citizens who do not speak English. That would mean that adults aged 45 and older who could not speak English would potentially lose their disability benefits.