What you Should Know About Filing for Total Disability

The first thing to know in filing a total disability claim is that common words such as “total” and “disability” have been assigned disability insurance “trade meanings” but unfortunately the trade has not agreed on those meanings causing claimant confusion and problems in applications to access benefits. The term “total disability” has the exact same meaning as the term “disability” within the Social Security administration programs and it is applied in that manner throughout the Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI). Social Security pays benefits only to those claiming a "total disability."  No benefits are ever afforded to applicants claiming a partial disability or a short term disability.  

Eligibility Requirements for Social Security “Disability” Benefits

The eligibility requirements of a Social Security disability benefits program for an adult claimant differ from the eligibility requirements that must be met by a child applicant.  The eligibility requirements for an adult are based on his inability to engage in gainful employment and for a child program eligibility is based on his inability to engage in fundamental daily activities as measured against non-disabled children of his same age.  Social Security further requires a specific level of severity of impairment caused by the disabling conditions in order to be approved for benefits. 

An adult is disabled if he:

• Cannot engage in his past work due to a medical or psychological condition
• Cannot adjust to other new work modality due to the disabling condition(s)
• Disabling condition has lasted or is expected to last at least one year or result in death

            A child is disabled if he:

• Has been diagnosed with a medical or psychological condition, or a combination of conditions, causing marked or severe functioning limitations on his ability to engage in daily life activities
• Disabling condition has lasted or is expected to last at least one year or result in death

If you have a total disability you may also also be eligible for benefits under other laws and programs such as the Family Medical Leave Act and other private disability insurance policies that may be available through an employer.

Getting Legal Help

If you or a member of your family is has been diagnosed with a disabling condition resulting in a “total disability” you may be eligible for benefits under a Social Security program.  It may be helpful to discuss the circumstances of the disability with a disability lawyer to access important guidance concerning the Social Security program application process and to gain a better understanding of the medical records and disability documentation requirements that must be met to establish eligibility for program benefits.