SSDRC




Filing an Application for Disability Benefits

Social Security Disability List of Impairments

Social Security Disability and SSI Back pay

Social Security Disability Status

SSI Disability Benefits

Social Security Disability and SSI Requirements

Social Security, SSI, and Mental Disability

How Long Does It Take To Get Disability Benefits?

Qualifying: What do you Need to Prove to Qualify for Disability?


What is the Social Security definition of disability ?


 
Social Security disability (and SSI for that matter also) is a total disability program, not a short term or temporary disability program. This sets social security apart from veterans benefits which are often awarded on the basis of percentages. Social security disability and SSI benefits are given when the condition is 100 percent disabling, and not any less, according to the definition of disability used by SSA (social security administration).

SSD and SSI are also not awarded on the basis of a condition that is temporarily disabling. In fact, the medical records must clearly show that you will be disabled for a minimum of one year and future evaluations will be done periodically after you are approved to determine if your condition or conditions still satisfy the program requirements.

To qualify for disability benefits under either program will mean that your physical or mental condition, or combination of various conditions, satisfies the definition of disability used by the social security administration. What is the definition of disability and how does a case satisfy it?

The definition of disability states that an individual must have a severe impairment that has either lasted, or can be expected to last, for a minimum of one year. The condition must be severe enough that it prevents the individual from engaging in what is referred to as SGA. Substantial and gainful activity, or SGA, happens when a person is working and earning a certain level of income that the social security administration considers to be clear evidence of non-disability. In other words, if you can work and earn the SGA earnings amount, or limit, then you are not disabled. If your condition prevents you from working and earning this amount or more, then you may be considered disabled (to see the current SGA limit: The most you can earn while receiving disability benefits).

Obviously, the SSA definition of disability does not bar work activity, which is a common mistaken assumption. A claimant can work while filing for disability, or even work while receiving disability benefits. The issue is how much the person can work, which is measured by how much they are able to earn.

Granted, this system is not perfect at measuring who is disabled and who is not since an individual who is receiving disability benefits can simply watch their earnings to make sure that they do not go over the monthly gross earned income limit. However, thus far, this is the best method that the social security administration has come up with. It also, of course, ensures a certain amount of fairness since it allows disability beneficiaries to still work and receive a small amount of earned income without necessarily disqualifying them from receiving disability benefits. Even individuals with high earnings records still do not receive exorbitant disability benefit checks and, for this reason, many beneficiaries attempt to supplement their benefit checks with part-time work.

How do you prove disability? Or, rather, what must a disability examiner or an administrative law judge see in the evidence of the case--which includes both medical records and information concerning the claimant's vocational work history--in order to approve a person for benefits? (note: examiners make decisions on disability claims which are pending at the disability application or reconsideration appeal levels, and administrative law judges make decisions on claims that are at the hearing levels).

Disability cases that are not approved on the basis of meeting a listing (meaning that you have a physical or mental condition that is contained in the social security disability list of impairments and meet all the necessary listing requirements) will be evaluated under a five step process that takes into consideration what the claimant's functional limitations are and their relative ability to engage in work activity.

The following pages provide more information on this process:

How does Social Security Decide if I am Disabled?

How Often Does Social Security Approve Disability The First Time You Apply?

How are Social Security Disability cases decided? - the Process Social Security Uses In Every Disability Case
















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  • Social Security Disability & SSI Resource Center

  • Social Security Disability, SSI Questions and Answers












    Individual Questions and Answers


  • What is the Chance of Winning an SSA appeal for disability?

  • Social Security Notice of Denial for a Disability Application or Appeal

  • What does a Disability Lawyer do to help you?

  • Social Security Disability Advice for Filing

  • What makes a person eligible to receive disability benefits?

  • Filing an Application for Disability Benefits under SSD or SSI

  • Reconsideration of a Social Security Disability denial- what does it involve?

  • How to Apply for Disability - Where do I go to apply for disability ?

  • Filing for SSD Disability - When Should You put in a Claim?

  • Applying for Disability - what are the rules?

  • How to Qualify for Disability - How severe must a condition be?

  • Why is it Taking so Long to get a Court Date with the ALJ, the Social Security Disability Judge?

  • Social Security Disability Doctor, Supportive Statements

  • Social Security Disability Mental Testing

  • How do you Win Benefits under Social Security Disability?

  • How Disabling Does A Condition Have To Be For Social Security, SSDI Benefits?

  • Can a child receive disability benefits for asthma ?

  • Congestive Heart Failure, Social Security Disability, and Applying for Benefits

  • How Long Will It Take To Get Approved for Disability?

  • Are you allowed to work at all if you get Social Security disability or SSI ?














    Special Sections


  • Answers to Social Security Disability and SSI Questions

  • How to Qualify for Social Security Disability or SSI

  • Medical Examinations for Disability Claims

  • The Decision Process and what gets considered

  • Social Security Disability Questions







    Return to Social Security Disability Resource Center


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    Return to -- Social Security Appeals Time Limit

    Return to -- Can I Talk To the Disability Examiner Working On My Case?

    Return to -- What Expenses Will A Social Security Attorney Charge In Addition To The Fee?

    Return to -- Do Most People Need To See A Judge To Get Disability Benefits From Social Security?

    Return to -- Social Security Disability Lawyers and 25% Back Pay

    Return to -- Will Social Security Attempt To Get A Letter From Your Doctor To Help Your Case?

    Return to -- What Is The Difference In SSD and SSI?

    Return to -- How is Social Security Disability and SSI Awarded?

    Return to -- Will my children get benefits if I get approved for disability?

    Return to -- Why Does It Take So Long To Get A Call Back From The Social Security Office?

    Return to -- Does Being Represented On A Disability Claim Win The Case Faster?

    Return to -- Applying for Disability according to state of residence

    Return to -- Social Security Disability SSI Blog ,

    Return to -- Social Security Disability and Money in the Bank

    Return to -- How long do you have To Be Out Of Work Before You Get Social Security Disability (SSD)?

    Return to -- The first appeal in a social security disability or SSI case

    Return to -- Using a Lawyer for an SSDI Disability Case

    Return to -- Social Security Disability SSI, Medical and Mental Conditions and Problems

    Return to -- Disability Lawyers - Questions about Hiring a Disability Attorney

    Return to -- Disability Lawyers in Various States