Social Security Disability Eligibility
Explained by SSD & SSI Attorneys

You may be eligible for Social Security Disability or Supplemental Security Income benefits if you can answer "yes" to any of the following questions:

• Do you have a severe physical and/or mental impairment that prevents you from working?
• Do you have a disability that prohibits you from working in any capacity - not just in the job you held previously?
• Has your disability lasted - or is it expected to last - for at least one year?
• Is the disability life threatening?

To receive Social Security Disability benefits, a disabled worker must be "insured". Insured means that the worker must have an earnings record. In other words, you must have worked long enough -and recently enough - and you must have paid into the Social Security system to qualify for Disability benefits.

In some circumstances, a third party may also make a claim on the disabled worker’s earnings record. For example, when a person dies, certain members of the family may be eligible for survivors benefits if the deceased worked, paid Social Security taxes, and earned enough credits.

To receive Supplemental Security Income benefits, a disabled person may qualify as long as their income and assets are below a certain level. This level is determined by the Social Security Administration. To find out if you qualify for these benefits under Social Security regulations, you can contact the Social Security Administration.

Determining Disability

"Disability", as determined by the Social Security Administration, is based on your inability to work. The Social Security Administration considers you to be disabled under Social Security rules if:

• you cannot do work that you did before and the Social Security Administration decides that you cannot adjust to other work because of your medical condition(s).
• your disability has lasted, or is expected to last, for at least one year or to result in death.

To determine your level of disability, the Social Security Administration reviews medical reports and records provided by your treating physician(s) and/or other medical providers.

Other areas of evaluation include:

• Your own average monthly earnings. You can work part-time and still qualify for Social Security Disability or Supplemental Security Income benefits; however, your own gross monthly income can not exceed approximately $830. (as of January 2005)
• The severity of your condition. Your impairment(s) must interfere with basic work-related activities for your claim to be considered.
• Your vocational background. A variety of areas that pertain to the type of work you have done during the last 15 years are looked at to see if you are able to perform any other type of job.
• Other factors can include your age and education.

The Social Security Administration evaluates this information and applies it to their criteria in order to make a determination as to whether you are considered to be disabled.