Determining Eligibility for SSDI

Two factors determine eligibility for SSDI.  A claimant must meet medical and non-medical requirements to be eligible for Social Security Disability Insurance.  (SSDI) 

Non-Medical Requirements 

The non-medical requirements for SSDI are related to the social security taxes you have paid during your working life.  For every $1080 in income, you make in any calendar quarter in 2010, (the amount changes every year) you receive one work credit up to a maximum for four credits a year.  To receive SSDI you must have earned enough work credits and worked long enough to be eligible for SSDI benefits.  The number of work credits and the length of time you worked depend upon your age at the time you apply for disability.

The average worker over the age of thirty must work five out of the last 10 years and have earned 20 work credits.  The earnings statement that Social Security sends you every year around your birthday gives information about whether you have met the non-medical requirements.  You should check it for accuracy and report any discrepancies to Social Security. 

Medical Requirements 

The medical standard for SSDI is very stringent.  Federal law requires that have a disease or condition that is expected to last at least a year or result in death to be considered disabled. Social Security regulations outline illnesses and conditions affecting major body systems and minimum levels of severity.  If your condition meets or exceeds the Listing of Impairments under Social Security regulations then you are disabled by operation of law.  If your condition does not meet the listing of impairments then Social Security looks at other factors to determine your eligibility.  These factors are:

• Are you working?
• Is your medical condition “severe
• Is your medical condition on the List of Impairments
• Can you do the work you did before?
• Can you do any other type of work? 

A severe medical condition is one that significantly limits your ability to do basic work activities such as walking, sitting, and remembering.

When to Talk to a Social Security Disability Lawyer

The stringent nature of laws regarding Social Security Disability can make getting benefits difficulty.  The standard is much higher than that for Workmen’s compensation or some private disability plans.  Seeking legal counsel experienced in handling social security cases is recommended to get a positive result.  Social Security encourages getting legal representation by setting aside 25% of any past due benefits an applicant may receive to pay legal fees.