The Department of Children and Family Services gives specific criteria for approval of Louisiana Disability Benefits on their website @ Louisiana Children and Family Services Website
Under Title II there are three basic categories of individuals who can qualify for benefits on the basis of disability:
- A disabled insured worker under 65.
- A person disabled since childhood (before age 22) who is a dependent
of a deceased insured parent or parent entitled to Title II disability or
- A disabled widow or widower age 50-60 if the deceased spouse was
insured under Social Security.
Under Title XVI (or SSI) there are two basic categories under which a financially needy person with limited income and resources can get payments on the basis of disability:
- An adult age 18 or over who is disabled.
- A child under 18 who is disabled.
Further Information from the Louisiana Children and Family Services Website states:
How is disability defined by the Social Security Act?
The law defines disability as the inability to perform in any substantial gainful activity by reason of any medically determinable physical or mental impairment(s) which is expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.
What is a “medically determinable impairment”?
A medically determinable physical or mental impairment is an impairment that results from anatomical, physiological, or psychological abnormalities which can be shown by medically acceptable clinical and laboratory diagnostic techniques. A physical or mental impairment must be established by medical evidence consisting of signs, symptoms, and laboratory findings — not only by the individual’s statement of symptoms.
What is the “disability determination process”?
Most disability claims are initially processed through the network of local Social Security field offices and State agencies. In Louisiana the state agency is called Disability Determinations Services (DDS). Subsequent appeals of unfavorable determinations may be decided by Hearing Officers in the DDS’s Hearing Units or Administrative Law Judges in SSA’s Office of Hearings and Appeals.
We want to help. Call us at Gulf South Disability Lawyers .