Meeting the Social Security Definition of Disabled

Meeting the Social Security definition of disabled is important if you want to file a claim for benefits with the Social Security Administration. Social Security provides long term disability benefits under SSDI to people who meet their definition of disabled and who also have worked and paid their Social Security taxes for a long enough period of time. SSI pays benefits to those who are disabled and have a demonstrated financial need, or who are over age 65.

5 Steps

To determine if your disability claim has merit, Social Security starts with a 5 step screening process:

1. Are you currently working and earning an average monthly income of $1,000 or more? (If the answer is "yes" you are very unlikely to be considered disabled.)
2. Is your condition severe enough to keep you from being able to perform basic job functions?
3. Does your condition exist in Social Security's "List of Disabling Conditions"?
4. Can you do the work you did before you were disabled?
5. Can you perform any other kind of work?

Keep in mind that Social Security has special rules for disabled children, "wounded warriors", widows, widowers and those who are blind or have low vision. An experienced Social Security benefits attorney can help you with guidance about the special rules as well as the List of Disabling Conditions.

Are there exceptions to the 5 step process?

In a word - yes. In recent years Social Security has instituted two different programs that are designed to expedite the approval process so that benefits can begin sooner.

The first is called "Compassionate Allowances".  Social Security recognizes that certain diseases almost always results in qualifying for disability, so individuals who have received a positive diagnosis for one of the diseases on the Compassionate Allowance list are targeted for faster approvals. There are currently over 80 diseases on the list including ALS (Lou Gehrig's Disease), liver cancer, and recently Early Onset Alzheimer's was added to the list.

The second initiative is called "Quick Disability Determination". Social Security uses computer technology to analyze and screen cases that have a high probability of benefits approval.

The average amount of time it takes to receive a decision about whether or not you will be awarded disability benefits is three to five months after Social Security has received all of your forms, and all of the supporting information from all of the medical professionals involved in your case. Working directly with an experienced attorney can help you submit your initial application accurately and completely, thus reducing the time it may take to get your decision.

Get Legal Help

While you can get information about the process directly from the Social Security Administration, you will probably do better to  hire an attorney who specializes in disability benefits to help you through the long, sometimes complex process of meeting the Social Security definition of disabled.