Who Can Get Long Term Disability?

There are very specific rules governed by Federal law that define who can get long term disability under Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). Adults who have worked, and paid their Social Security taxes and who have a disabling medical condition that doctors expect will last at least 12 months or that will result in death are generally eligible for long term disability benefits from SSDI.

Earnings Test

In additional to having an eligible disability, when determining who can get long term disability the Social Security Administration applies two different earnings test. The Recent Work Test is based on your age when you became disabled, and the Duration of Work Test shows if you worked and paid your Social Security taxes long enough to get benefits.

As an example, if you turned 31 in February 2010 and became disabled in March 2010, then to pass the Recent Work Test you would have to have worked five years out of the 10 year period that ended on December 31, 2009 (the quarter before you became disabled.) Using a different example, if you're 50 years old and become disabled, you can pass the Duration of Work Test if you have worked and paid your Social Security taxes for 7 years.

Children

In certain circumstances, children under 18 who are disabled may also receive long term disability benefits. In order for Social Security to find a child is eligible for long term disability benefits there are several criteria that have to be met including the same 12 month duration or expected death as in the adult criteria, the child cannot be working and earning more than $1,000 per month and must have a mental or physical disability that results in extremely severe limitations of the child's activity.

If your child has certain conditions, Social Security will begin SSI payments fairly quickly before your state even has an opportunity to make a final disability assessment. These conditions that may qualify for long term disability benefits include, but are not limited to blindness, deafness, cerebral palsy, muscular dystrophy and severe mental retardation.

Get Legal Advice

Every situation is unique, and you should feel free to go to your local Social Security office to speak with a representative in person or consider hiring an attorney who specializes in long term disability benefit applications and claims.