Factors Which Affect Disability Benefits Claims

In the Americans with Disability Act of 1990, disability is defined as a physical or mental impairment that substantially limits one or more major life activities. The Social Security Administration (SSA) however, has a stricter definition of disability. By law, it states that to be considered disabled, one must be unable to do any substantial work because of his/her medical condition(s); and that this condition must have lasted, or be expected to last, at least 1 year, or be expected to result in that person’s death.

Because disability can incapacitate a person to the extent where he can no longer earn a living for himself, the SSA pays benefits to people who can no longer work. The strict definition of “disability” however, would give applicants a hard time in getting their disability benefits claims approved.

Also, aside from the federal law’s strict definition of disability, not everyone is qualified to receive disability benefits. In general, to get disability benefits, the applicant must be able to pass two different earnings tests:

1. A “recent work” test based on your age at the time you became disabled. An example would be if you become disabled in the quarter you turn age 31 or later, then generally the applicant would need to work during five years out of the 10-year period ending with the quarter your disability began.
2. A “duration of work” test to show that you worked long enough under Social Security. If the person became disabled before the age of 28, then generally he would need to have worked for at least 1.5 years.

Certain blind workers have to meet only the “duration of work” test. However, since it takes a long time to process an application for disability benefits, you should apply for disability benefits as soon as you become disabled. It can take three to five months.

But that said, while it is almost too easy to apply (it can actually be done online), it is also very easy to get rejected. Here are some of the factors which may affect your disability claim:

• The applicant is earning an average of more than $980 per month then he/she is automatically not considered disabled.
• One must be unable to do any substantial work because of his/her medical condition
• The applicant is automatically considered disabled if the condition of the applicant is present on the Social Security’s “list of medical conditions”.
• On the other hand, if the applicant’s medical condition is not on the list but is so severe so as to interfere with the work the applicant is performing prior to condition.
• Once it is proven that the applicant can no longer perform his previous job, then it will be determined if the applicant can adjust to another work. If the applicant can adjust then his/her application will be denied, if he/she cannot adjust then it will be approved.

However, it is always best to seek the assistance of a social security disability lawyer to make sure that your application gets approved as early as possible.