Social Security Disability benefits pay money to disabled individuals if the individual meets other qualifications. Overall, Social Security has five major benefits, each with different requirements...
Supplemental Security Income (SSI) is designed for those individuals who do not meet SSDI’s FICA contribution requirements, or have limited income and resources. SSI is available for disabled children and adults, though SSI is determined differently for both groups...
To qualify for SSDI you must meet specific work requirements. Social Security requires you earn a specific number of credits depending on your age. Though the rule of thumb is that you must work five out of the last ten years to qualify, Social Security is actually interested in the number of credits you earn, not the number of years you work...
As defined in the Social Security Act, a "disability" is the "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months..."
Do You Have to be Permanently Disabled to Qualify for Social Security Disability?
No. In order to qualify for Social Security the disability must actually last or be expected to last for longer than twelve months, or have a disabling condition that will cause death within a year.
Yes. Social Security considers whether you are disabled overall and not whether a single disabling condition is present. Many Social Security claimants possess multiple conditions and are successful because Social Security will consider the cumulative effect of numerous impairments.
Overall, to determine if you are disabled Social Security decides if you are able to still complete your past work or, if not, any other work. Generally, Social Security will collect all of your medical records and determine if you are able to do your past work...
No. At one time a few claimants received Social Security Disability benefits on account of alcoholism or drug addiction, but the Social Security Act now prohibits disability benefits for such reasons.
Social Security has a very technical definition of what constitutes a "disability" and a very specific and objective method to determine if you are disabled. Social Security determines if you are disabled independently of your doctor's position and requires that your diagnosis be objectively obtained through "medically acceptable clinical and laboratory findings". Many disabling conditions are difficult to diagnose through objective assessments. Further, your doctor probably does not define "disability" in the same technical manner as the Social Security Act.
Why is Social Security Denying My Social Security Disability Claim When the VA Tells Me I'm Disabled?
Social Security independently determines if you are disabled, and VA decisions are not binding on Social Security. More importantly, VA and Social Security may have different definitions of what constitutes a "disability." It is possible for a condition to be considered a disability under the VA's definition and not a disability under the definition used by Social Security.
Yes, it is possible for Social Security to consider your mental illness a disability. In fact, many claimants receive Social Security Disability benefits on the basis of their mental illness. Social Security will determine whether you are capable of doing your past jobs or any jobs based on your specific mental illness.
Possibly, though it's very unlikely. Remember, to receive disability benefits Social Security must determine that you are not capable of working. However, in a few limited situations individuals may work highly reduced schedules and still receive Social Security Disability benefits.
Yes. The only type of Social Security benefit that considers whether you are poor is Supplemental Security Income (SSI). The other types of Social Security benefits, Social Security Disability, Disabled Widow's or Widower's benefits, or Disabled Adult Child benefits, do not take into account how much money you have in the bank or how much money you make every year.
Perhaps. There are a number of ways you could be eligible for Social Security benefits. First, you could qualify if you have worked five out of the last ten years prior to becoming disabled. Second, if you are under 31 and worked prior to becoming disabled, you could qualify for benefits. Third, if your earnings are low enough since you have been staying home, you could qualify for Supplemental Security Income (SSI).
It is never easy to tell if Social Security will consider you disabled. Ultimately, however, your decision to apply for Social Security benefits should not rest on whether Social Security will consider you disabled. Your decision to file should rest on your own belief about your condition. If YOU think that you cannot return to work anytime soon and are disabled, then you should file for Social Security Disability benefits.
Perhaps. You could qualify for Supplemental Security Income (SSI). SSI is different from other Social Security Disability benefits because SSI requires that the claimant be poor and does not take into account an individual's work history or earnings record. SSI is available for disabled children and adults, though SSI is determined differently for both groups.
Perhaps. There are a few ways you may be eligible. First, if you are over 50 and became disabled within seven years of your spouse's death, you may qualify for Disabled Widow's or Widower's benefits. Second, if you are over 50 and became disabled within seven years of your last check from mother's or father's benefits from Social Security, you might be eligible for Disabled Widow's or Widower's benefits. Last, if your earnings and possessions are low enough, you might be eligible for Supplemental Security Income regardless of your age, work history, or the date your disability occurred.
Probably. There are few ways your child may qualify for Social Security benefits. First, if your child is under 18, disabled, and the household he or she resides in meets Social Security's poverty requirements, the child could qualify for child's Supplemental Security Income (SSI). Second, if your child is 18 or older, he or she might qualify for regular SSI, which would not take the parents' income into account. Last, if the child's parents are deceased or disabled, the child could be eligible for Disabled Adult Child Benefits.
No. If you are 75% disabled, you cannot receive 75% of a full Social Security Disability benefit. Social Security only considers whether you are capable of working with your present condition, and it does not concern itself with disability percentages. For Social Security purposes, you are either entirely disabled or not disabled.
Social Security encourages disabled persons to reenter the workforce and its policies give incentives to disabled persons who are trying to make the transition back to work, especially after the Ticket to Work and Work Incentives Improvement Act of 1999...
The primary reason people submit a claim for Social Security benefits is for the cash benefit itself. But, the cash benefit is not the only reason to submit a claim...
Social Security considers you blind if either your best eye cannot be corrected to better than 20/200, or your visual field is less than or equal to 20 degrees with the aid of corrective lenses...
The above article and writing is for informational consideration only. It is not to be
considered as any type of legal advice from the writer or the Law firm
of Thomas E. Luettke. Please contact me if you need legal advice.
