Benefits Eligibility for Your Disability

Determinations of Disability for Social Security are made by Disability Determination Services Office in your state.  They apply a five-step process to determine disability.  Actions by the Disability Determination Services office are subject to appeal. 

How Disability Eligibility is Determined

• Are you working - If you are working and your earnings average more than a certain amount each month, you will generally not be considered disabled.  If you are not working or your income does not meet the level of substantial gainful employment you progress to the next step.
• Is your medical condition “severe”?  - Your medical condition must significantly limit your ability to do basic work activities—such as walking, sitting, and remembering—for at least one year.  If it is determined that your condition is severe you go to step three.
• Is your medical condition on the List of Impairments:  conditions on this list are considered so severe that they automatically mean that you are disabled as defined by law.  If the severity of your medical condition or combination of conditions meets or equals that of a listed impairment, the state agency will decide that you are disabled.  If it does not, the state agency goes on to step four. 
• Can you do the work you did before?  At this step, the state agency decides if your medical condition prevents you from being able to do the work you did before.  If yes, you qualify, if not you go to the last step.
• Can you do any other type of work?  The agency evaluates your medical condition, your age, education, past work experience and any skills you may have that could be used to do other work.  If you cannot do other work, the state agency will decide that you are disabled.

Most of the difficulties with pursing a successful disability determination involve steps three, four, and five.  Meeting the listing of impairments will automatically require a finding of disabled.  Showing that your condition meets or equals that of a listed impairment if it is not on the list can be more problematic.  The same is true of steps four and five because they are more subjective.  If these questions are not answered in the appropriate manner, Disability Determination Services could decide your case unfavorably.

Legal Help to Prove your Disability

 Determinations of Disability are based on medical information, your functional capacity, and vocational abilities.  You have the right to representation before Social Security.  Legal representation in this area is crucial to a successful claim.  It is important to make sure that your representative has experience in handling cases before Social Security.  Social Security will even set aside a portion of any past due benefits you may be entitled to pay representation fees to make getting representation easier.

Social Security Disability benefits are paid to persons because they cannot work because of a medical condition that is expected to last at least one year or result in death.  Determinations of Disability are based on earnings requirements and medical conditions, your functional capacity, and vocational abilities.  This is a complex area of the Social Security program.  Competent legal representation is vital.  Legal fees can be paid from past due benefits if your claim is successful.