Social Security Disability Benefits

Social Security Disability benefits are paid to persons because they cannot work because of a medical condition that is expected to last at least one year or result in death.  Federal law requires this very strict definition.  Social security does not pay partial or short-term disability like some other programs.

Requirements for SSDI

In order to receive disability benefits you must meet two earnings requirements; the recent work requirement and the duration of work requirement.  Social Security divides the calendar into quarters; you earn four work credits per calendar year.  The duration of work requirement means that you have to show you worked long enough to receive benefits.  Once you have met the technical requirements Social Security then looks at your medical condition.

Determining Disability

Determinations of Disability are made by Disability Determination Services Office in your state.  They apply a five-step process to determine disability.  You must meet each level or go to next.  The steps in the process are:

Are you working - If you are working and your earnings average more than a certain amount each month, you will generally not be considered disabled. 

Is your medical condition “severe” - your medical condition must significantly limit your ability to do basic work activities—such as walking, sitting, and remembering—for at least one year.

Is your medical condition on the List of Impairments:  conditions on this list are considered so severe that they automatically mean that you are disabled as defined by law.  If the severity of your medical condition meets or equals that of a listed impairment, the state agency will decide that you are disabled.  If it does not, the state agency goes on to step four. 

Can you do the work you did before?  At this step, the state agency decides if your medical condition prevents you from being able to do the work you did before.  If yes, you qualify, if not you go to the last step.

Can you do any other type of work?  The agency  evaluates your medical condition, your age, education, past work experience and any skills you may have that could be used to do other work.  If you cannot do other work, the state agency will decide that you are disabled.

Appeals

You can also appeal any decision made on your claim.  The appeal must be made in writing within 60 days of receiving the decision

Help of a Lawyer to Claim SSDI

You have the right to legal representation before Social Security.  Social Security Disability is one of the most complex areas of the Social Security Program.  It is difficult to be successful on your own.  Social Security will set aside a portion of any past due benefits you may be entitled to pay representation fees to make getting representation easier.

Summary

Social Security Disability benefits are paid to persons because they cannot work because of a medical condition that is expected to last at least one year or result in death.  Determinations of Disability are based on earnings requirements and medical conditions.  Competent legal representation is vital.  Legal fees can be paid from past due benefits if your claim is successful.