Who Can Apply for Disability Benefits?

There is no limitation on who can apply for Social Security benefits.  If you can meet the earnings tests and the strict definition of what constitutes a disability under Social Security then you can apply for benefits.

The Earnings Test

You must have worked recently and long enough to be eligible for disability benefits by having the proper number of work credits.  The number of work credits you need depends upon your age when you become disabled. 

• Before age 24--You may qualify if you have six credits earned in the 3-year period ending when your disability starts.
• Age 24 to 31--You may qualify if you have credit for working half the time between age 21 and the time you become disabled.  For example, if you become disabled at age 27, you would need credit for 3 years of work (12 credits) out of the past 6 years (between ages 21 and 27).
• Age 31 to 42 --In general, you must have earned at least 20 of the credits in the 10 years immediately before you became disabled. 

The number of work credits you need increases as you get older, with the maximum number being 40 work credits if you become disabled at age 62.

The Medical Test

Social Security defines disability as being:

• Unable to engage in any substantial gainful activity because of physical or mental impairment.
• You must be unable to work but also unable to do any other work based on your age, education, and work experience.
• The impairments must be established by objective medical evidence;
• The impairment must be expected to result in death or expected to last at least 12 months.

When to Talk to a Lawyer

In some legal proceedings in is not imperative that you get an attorney.  Social Security disability cases are one of those areas where you are more likely to have successful outcome if you have competent legal representation.  Social Security law can be confusing and difficult.  You have to jump through the proper hoops to be successful.  Find a lawyer who is experienced in Social Security disability issues.  This person or persons can guide you through the system and make getting the benefits you need easier.