SSDRC




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


Inability to Work and Eligibility for Social Security Disability and SSI Benefits


How to prove you are disabled
and win disability benefits

 
Inability to work is a phrase that comes up frequently on this website simply because this is one of the main tenets of the definition of disability used by SSA (the social security administration).

To qualify for disability benefits and prove one's eligibility to receive either social security disability or SSI benefits, it must be shown that there exists an inability to work at what is known as the SGA, or substantial gainful activitity level.

Being unable to work at the SGA level means two things:

1) A person can work while filing for disability or receiving disability.

2) A person cannot work and earn more than a certain amount each month while they are filing for disability or receiving disability. This amount, or limit on monthly earnings, is the SGA amount.

How is it determined that a person who is filing for disability possesses an ability to work at this earnings level? There are two ways of proving this on a disability case. The first is that by the time the individual decides to apply for disability they have already been out of work for at least 12 months. Twelve months is the duration used by SSA to determine whether or not a person is actually disabled.

In other words, if their mental or physical condition, or a combination of both physical or mental conditions, is severe enough to prevent them from being able to work and earn an income that is at least equal to the SGA earnings limit that is set in place for a given year, and this situation persists for at least 12 months, then SSA will consider them disabled as long as their case also satisfies the non-medical requirements and qualifying criteria for the disability program under which they have filed.

For social security disability, non-medical disability criteria would mean being insured and eligible to receive SSD benefits in the first place. And for SSI disability, non-medical criteria would mean not having more than the limit on allowable assets since SSI has an asset limit. Note: SSD does not have an asset, or resource limit, and SSI does because SSI need-based and is intended for individuals who do not have enough work credits to qualify for disability in the social security disability program.

What if you have not been out of work for a full 12 months by the time you apply for disability? This is not an issue. In fact, a large percentage of claimants have not been out of work for this length of time due to their medical condition by the time they contact social security to file a claim. And many applicants have only just recently stopped working when their claim is started.

What social security will do in such cases (actually, this will be done by the disability examiner who works on processing the claim) is A) review the medical records, B) decide to what extent the person is limited, C) determine whether or not they are currently unable to work at one of their past jobs or at some type of other work that uses their education and skills, and then D) make a projection as to whether or not their state of disability will last at least 12 months.

If the projection can be made that their condition will be found to satisfy the 12 month duration requirement for social security disability or SSI eligibility, they will qualify for disability benefits. If not, they will be given a durational denial of their disability claim.

Eligibility for disability benefits is based on the inability to work at a certain earnings level (SGA) for at least 12 months. Does the social security administration automatically assume that a person is disabled for life if they are unable to work and earn a substantial and gainful income for at least 12 months? No. SSA simply concludes that the person has satisfied the social security definition of disability and, as such, is completely and totally disabled. To test whether or not the person will continue to be disabled, SSA will periodically (every few years) review the individual's claim through something known as a continuing disability review, or CDR. Note: most individuals who go through a CDR evaluation have their benefits continued because it is usually very difficult for the social security administration to prove that the person has had medical improvement in their situation.














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Topics and Questions


  • How does Social Security Disability Decide if you can Work or Not?

  • Do you get medical health care coverage with SSI ?

  • What is a disability according to the Social Security Administration?

  • What are social security disability denials based on, your medical or work history?

  • Tips to Prepare for Filing for Social Security Disability or SSI

  • Applying for disability benefits in Ohio

  • Are SSDI and SSI Benefits Normally Continued After A Continuing Disability Review?

  • FAQ for Social Security Disability Hearings

  • How does the Social Security Disability Appeal Process work?

  • The Medical Requirements for Receiving Social Security Disability or SSI

  • What options do you have after a disability claim has been denied?

  • Can a mental illness qualify you for disability?

  • How Far Back Does Social Security Look At Your Medical Records?

  • The Social Security Disability Hearing Office

  • Making a Request for a Disability Hearing

  • How Long Does a Social Security Disability or SSI Appeal Take?

  • Does the Social Security Administration use experts for determining disability?

  • Can you be denied for SSDI or SSI disability if social security cannot find your medical records?

  • Can I work without it affecting my social security disability or SSI?

  • How far back are Social Security disability benefits awarded on an appeal?

  • How long can you receive Social Security disability benefits ?

  • What happens if the Social Security disability examiner cannot find all the needed medical records?

  • How Do You Fire a Social Security Disability Lawyer?

  • Social Security Disability Lawyers - Fees and Representation Information

  • Social Security Disability Approval

  • Common Mistakes after Receiving a Denial of Social Security Disability or SSI Benefits

  • What does a Disability Lawyer do to help you?

  • If you are denied for disability, is this based on your ability to do your past work?

  • How Long Does It Take For An Answer To Qualify For Social Security Disability or SSI?

  • If you get Social Security disability benefits do you get Medicare or Medicaid?

  • Do I Need a Lawyer for My Social Security Disability Hearing?

  • Social Security Disability SSI and Traumatic Brain Injury (TBI)

  • Disability Lawyers, Medical Records, and Social Security Hearings - Should you go to a Hearing alone?

  • Do Most People Have To Go To A Disability Hearing order to Get Approved For Disability?

  • How to Appeal a disability claim denial from Social Security

  • If Social Security Disability sends you to an Exam, will it be done by your doctor?

  • What are the Requirements for Social Security Disability and SSI?

  • How Long Are You Given To Appeal Your Social Security Disability Denial?

  • How long will it usually take to get a decision on a disability claim?

  • Working and Disability - Are You Allowed to Work While Receiving Social Security Disability or SSI?

  • Who is eligible for SSI Disability?

  • How will an attorney help me win disability benefits ?

  • Supplemental Security Income - SSI Disability

  • Do You Have To Qualify For SSI Financially?

  • When Do You Get A Social Security Disability Award Letter And What Does It Say?

  • What Are the Social Security Disability Requirements For Personal Assets?

  • If You File For Social Security Disability How Far Back Will They Look At Your Medical Records?

  • Hiring a Qualified Disability Lawyer in West Virginia

  • How do you apply for disability if you have depression problems ?

  • What are the Application Requirements For SSI Disability?

  • Who Makes The Social Security Disability Decision, A Judge Or A Caseworker?
























    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