Eligibility Requirements for Long Term Disability Benefits

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Social Security Disability is a form of long-term disability benefits provided by the federal government.  You can also purchase long-term disability insurance privately.  Some employers also provide it as part of a benefits package available to their employees.

Private Insurance

If your employer provides long-term disability insurance, eligibility for that insurance will depend upon the specific insurance policy.  The human resources department at your employment would be the best source of information about eligibility requirements and any other information you may need to file a claim.  The same is true for long-term disability insurance that your may purchase for yourself.  Your first source of information is the policy.

Social Security Disability Insurance Eligibility Requirements

Part of the payroll deductions that come out of your wages each week pays for Social Security benefits.  You must meet non-medical requirements and medical requirements to be eligible for Social Security Disability Benefits.

 The non-medical requirements involve two earnings tests.

  • The recent work requirement -- a worker, age 31 or older, must have at least 20 credits on his or her Social Security record in the 10-year period immediately before the time he or she becomes disabled.  A worker who becomes disabled before age 31 needs less work credits. 
  • The duration of work requirement means that you have to show you worked long enough to receive benefits.  The length of time varies depending on your age at the time that you become disabled.

The medical requirements are stringent.

  • A worker must have a medical condition, either mental or physical, which is so severe that it prevents him or her from working, at any employment, at a level that is considered substantial and gainful.
  • The severe condition must be expected to last at least 12 months or end in the worker's death.
  • In 2010, a worker that can earn $1000 per month is considered substantial gainful employment and not disabled.

Getting Help

Social Security Disability is one of the most complex areas of the Social Security Program.  You have the right to representation before Social Security.  It is important to make sure that your representative has experience in handling cases before Social Security.  Social Security will even set aside a portion of any past due benefits you may be entitled to pay representation fees to make getting representation easier.

This article is provided for informational purposes only. If you need legal advice or representation,
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