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Overview of Disability

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Requirements for Disability

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Tips and Advice for Disability Claims

How long does Disability take?

Winning Disability Benefits

Common Mistakes after a Denial

Mental Disability Benefits

Denials for Disability

Appeals for denied claims

Disability Benefits from SSA

SSI Benefits

Child Disability Benefits

Qualifications and How to Qualify

Working and Disability

Disability Awards and Notices

Disability Lawyers, Hiring Attorneys

Social Security List of Impairments

What Social Security considers disabling

Medical Evidence and Disability

Filing for Disability Benefits

Eligibility for Disability Benefits

SSD SSI Definitions



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How Social Security Disability and SSI benefits are determined




 
Social Security Disability Insurance, or SSDI (title 2 benefits administered by the social security administration) is awarded to those whose medical records indicate that they--

1) have a severe physical impairment or severe disabling mental illness;

2) that this impairment is severe enough to prevent them from earning an amount equivalent to SGA, or substantial gainful activity (anyone earning more than this will not satisfy SSA requirements to qualify for disability);

and

3) that their medical condition is not expected to improve to a non-disabling degree, regardless of treatment, for a period of not less than one year.

Related:

1. Being Determined Medically Disabled for Social Security Disability
2. If I Am Determined Disabled, How Far Back Will Social Security Pay?
3. Will The Condition You have Determine How Much You Get For Disability?
4. How does Social Security determine the amount of money you receive on disability?
5. Getting a Social Security Disability Determination After Seeing a Psychologist
6. Who makes the Determination of a Social Security Disability Claim?

Supplemental Security Income, or SSI (title 16 benefits administered by SSA) is awarded to those who can prove these three criteria for disability eligibility and also have assets totaling not more than $2,000. This is because SSI is not a type of disability insurance that a worker has paid into, but rather a program designed to help those in financial need, regardless of their work history.

However, it is important to realize that a large percentage of disability claims are denied, not because the individual was not found to have a severe medical impairment, but because a disability examiner determined that, in spite of the fact that their symptoms prevent them from performing their current job, the applicants are still able to perform some type of gainful employment, or other work.

When listing all types of other work an applicant can perform, a disability examiner can include any job that is available in the country. It doesn’t matter if the job is available in your town, or state, or if your physical or mental or financial situation makes it possible for you to relocate—as long as somewhere out there exists a job for which you may be qualified, a disability examiner can use this as a basis for denial of your claim.

There are some safeguards built into the system that are supposed to provide a measure of fairness to the disability determination process. A claimant’s age, education, and work skills are taken into consideration (in general, those who are older have less employment opportunities, and those who are less educated have less transferable job skills). Another factor that the disability examiner must consider is a claimant’s residual functional capacity (RFC), or what he is still capable of doing in light of his impairment. For instance, diagnosis with a mental impairment that causes symptoms of confusion, fatigue, depression, etc., will further limit one’s employment opportunities (especially given the unfortunate fact that some employers still discriminate against the mentally ill). Likewise, diagnosis with certain physical impairments may make it difficult to perform any job that includes lifting, sitting for long periods of time, climbing stairs, etc.

Despite these safeguards, quite often a disability denial is based on a disability examiner’s decision that the claimant is qualified to perform a job that, for whatever reason, is not a realistic option. There’s not much a claimant can do to avoid this possibility at the initial application stage or even at the first level of appeal (all of those who are denied disability have the right to appeal the decision by filing a request for reconsideration) other than filing a detailed work history specifically listing your job skills and past employment.

However, at the second level of appeal, which is a disability hearing before an administrative law judge, an applicant will have the chance to argue, through their disability attorney or non-attorney representative, that the disability examiner did not fairly or realistically assess their employability. Not surprisingly, it is at this second level of appeal that disability applicants have their best chance of being approved for benefits. As many as 60% of all disability denials are overturned by federal administrative law judges.















Return to:  Social Security Disability Resource Center, or read answers to Questions





























Related pages:

How to file for disability in California
Can you Receive Disability Benefits and have Assets, Investments, a Savings Account?
How many days do you have to file a disability appeal?
What are some Social Security Disability and SSI myths?
What makes you eligible for Social Security Disability or SSI?
After you file disability forms
How are Are Social Security And Social Security Disability different?
Doing the next disability appeal
Filing for disability with scoliosis
The SSDI SSI disability application, how to file
Working and getting Disability
Contacting Social Security about the status of your disability claim
How to qualify for disability with depression
How to file for disability in Michigan
Filing for disability with MS, multiple Sclerosis
Questions asked at a social security disability or SSI hearing?



Information on the following topics can be found here: Social Security Disability Questions and in these subsections:

Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI


These pages provide answers to basic questions about pursuing disability benefits

How to check the status of my Social Security disability claim
To qualify for disability, what to prove
Preparation to win a disability hearing
Social Security Disability lawyers FAQ
How Much Income Can you Earn If you draw Social Security Disability?
What does Social Security Disability SSI pay, how much?
Social Security Disability Maximum back pay
Social Security Disability Claims and Medical Exams
What is qualifying for disability benefits based on?
Partial Social Security Disability SSI benefits
Filing for disability and financial help
Getting approved after a Social Security Disability Psychological exam
How long does it take to receive disability benefits after you are approved?
Does Social Security Disability Come With Medicaid Benefits?
Applying for Disability or SSI - How long does it take
Can you work if you get Social Security Disability?
Am I eligible to receive disability benefits?
What medical disabilities, conditions qualify for Disability Benefits?
How to get disability for degenerative disc disease
What mental problems qualify for disability?
Conditions that get approved for disability