What is the Application Process for Social Security Disability and SSI?
How do you Win Benefits under Social Security Disability or SSI?
If I am determined disabled, how far back will Social Security pay benefits?
How do you prove your disability case if you have a mental condition?
What Can I Do to Improve My Chances of Winning Disability Benefits
Common Mistakes after Receiving a Denial of Social Security Disability or SSI Benefits
How to File for Disability - Tips for Filing
If You Get Approved For SSDI Will You Also Get Medicare?
How much does a Social Security disability attorney get paid?
Social Security Disability SSI Criteria and the Evaluation Process
How long does it take to be approved for SSI or Social Security disability?
What do you Need to Prove to Qualify for Disability Benefits?
Social Security Disability SSI and Fibromyalgia
Social Security Disability SSI and Degenerative Disc Disease
Can I Qualify For Disability and Receive Benefits based on Depression?
Answers to questions about SSD and SSI disability
What Disabilities Qualify for SSI and Social Security Disability Benefits?
Social Security Disability Status
Social Security Disability Tips — how a claim gets worked on
Social Security Disability, SSI Disability - Terms, Definitions, Concepts
Will my claim for SSD or SSI Disability Benefits be denied?
How to prove you are disabled
and win disability benefits
A claim for SSD or SSI disability will be denied if the case fails to satisfy the social security administration definition of disability. That definition requires that the individual who is filing for benefits be disabled for a period of not less than one full year before monthly disability benefits may be approved.
However, what does SSA mean by "disabled"?. The definition of disability used by the social security administration is different from that used by other governmental agencies and private insurance companies. To be considered disabled, an individual's disability must last the minimum 12 month period as mentioned, and in that time the person must be --
1. Unable to "substantially and gainfully" work at any job they have done in the relevant past. This means potentially all jobs performed within the last 15 years.
2. Unable to "substantially and gainfully" work at any other type of job for which they might be eligible as a result of their mental and physical capabilities, age, education, and transferrable or non-transferrable work skills.
At this point, however, a clarification should be made. Qualifying for disability under this definition of disability does not strictly mean that a person cannot have the ability to work during this 12 month period. There are individuals who engage in work activity while they are filing for disability. And there are individuals who receive disability benefits while they are engaged in work activity.
You can work while pursing or receiving disability benefits. You simply cannot earn more than a certain maximum amount while you are working. This maximum amount is known as the SGA limit. SGA is the level at which a person is no considerable disabled. Translation: if you can work and earn at least the SGA limit amount that is in effect for a given year, then you cannot be considered disabled by SSA. The flip side to this is that you can receive disability benefits if your earnings are under this limit.
Receiving SSD or SSI disability benefits, in actuality, is not about proving that an individual no longer has the ability to work, but, rather, proving that they can no longer work and earn a livable income, a.k.a. a substantial and gainful income.
Another way to approach this question (Will my claim for SSD or SSI Disability Benefits be denied?), though, is to state that a claim will be denied if a person's medical records do not show that they have the physical or mental limitations necessary to prove that they are unable to engage in work activity at a substantial and gainful activity level. The information gained from medical records will determine the outcome of a disability claim.
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Topics and Questions
What is the SSI and Social Security Disability Application Wait Time?
Social Security Disability and SSI Disability Benefits
Will Social Security Deny You Disability Without Looking At Your Medical Records?
The chances of winning a social security hearing for disability benefits?
I Need To Apply For SSI or SSD But I Do Not Know Where to Start?
Applying for disability benefits in Massachusetts
Social Security Disability, SSI Claim Decisions For Physical Problems and Medical Exams
Receiving Benefits - Your Medical Condition and Social Security Disability or SSI
If You File For Social Security Disability How Far Back Will They Look At Your Medical Records?
Can I Do My Social Security Appeal Without Using A Lawyer?
How Often Does Social Security Disability Review Cases?
Do I Have A Good Chance Of Winning Social Security Disability On Appeal?
If I Get Approved For Disability And Later Get Another condition, Can My Benefits Be Increased And Go Up?
Social Security Disability Mental Testing
Social Security Disability SSI - Mental and Physical Residual Functional Capacity
Can You Appeal A Decision By A Judge On A Social Security Disability or SSI Case?
What Can You Do TO Make Sure Your Social Security Disability Reconsideration Gets Approved?
Is There A Maximum Dollar Amount For SSI Disability?
How long does it take to be approved for Social Security disability ?
How do you Win Benefits under Social Security Disability?
Getting Social Security Disability Help for your Case
If I Get Denied Twice For Disability, What Do I Do?
Hiring a Qualified Disability Lawyer in Hawaii
How Far Back Does Social Security Look At Your Medical Records?
How Long Does It Take To Go Before A Judge For Disability Benefits?
Do You Get Cost Of Living Increases If You Receive Social Security Disability Or SSI?
SSD and SSI are Federal Programs
The title II Social Security Disability and title 16 SSI Disability programs operate under federal guidelines and, therefore, the program requirements--medical and non-medical--apply to all states:
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming
Recent approval and denial statistics for various states can be viewed here:
Social Security Disability, SSI Approval and Denial Statistics by state
Special Section: Disability Lawyers and unnecessary claim denials