Do I Qualify For Social Security Disability

Both disabled adults and disabled children can qualify for Social Security administration program benefits based on severe disability impairments.  The eligibility requirements are different for children and adults.  A child would qualify for benefits if he was suffering from a disabling condition that impaired his ability to function doing daily tasks on a level commeasurate with non-disabled children of his same age. 

The qualifying elements for an adult to receive Social Security Disability Insurance benefits are detailed below:

1. An adult applicant must have a disabling medical condition meeting all the elements set out below:

• You are unable to engage in any substantial gainful activity because of a physical or mental impairment.  You must not only be unable to do your previous work but also any other kind of work in view of your age and work experience.
• The impairment must be established by medical evidence.
• The impairment must be expected to result in death or last for at least twelve months in a row.
• You must meet the non-medical criteria of the program.

2. An application for benefits has been filed.

3. The applicant has achieved disability insured status as described below:

• Have at least twenty credits during a forty calendar quarter period know as the 20/40 rule.
• The forty calendar quarter period ends with the quarter that you are determined to be disabled and you are fully insured in that calendar quarter.

4. The applicant has completed a five month waiting period unless he is exempt:

• The waiting period is five calendar months in a row beginning with the earliest full calendar month that you are disabled and meet the disability insured status requirements for benefits.  There is no entitlement to benefits during the waiting period.
• There is no waiting period and you would be considered exempt if you (1) were previously entitled to a period of disability and became disabled again within five years following the month your previous disability ended or (2) were entitled to childhood disability benefits or (3) you only filed for SSI benefits.

5. The applicant has not reached full retirement age.

Getting Legal Help

If your or a member of your family has been diagnosed with a severe disability that impairs your ability to engage in gainful employment it may be important to discuss the circumstances of the disability and your application for benefits with a Social Security administration program with a disability lawyer.  An attorney can provide valuable guidance with completing the application and with collecting and submitting the necessary medical evidence and documentation of the diagnosis and severity of the impairment.