How Does a Person Qualify for Social Security Disability Benefits?

September 29, 2012

How Does a Person Qualify for Social Security Disability Benefits?

Many people are aware that Social Security benefits are available for those who have medical conditions that prevent them from working. However, many people are unclear about how a person qualifies for Social Security Disability benefits. Several misconceptions about disability benefits circulate in society, and those who need the financial assistance Social Security benefits provide should understand how people qualify for disability benefits.

Current Work Status

One of the first things the Social Security Administration looks at is whether the applicant is currently employed. If the applicant is working, the SSA determines his or her monthly wage. If the person makes more than $1,010 per month, what the SSA considers "substantial gainful activity," the SSA automatically rejects the application.

Insured for Social Security Benefits

If the applicant is not working or does not meet the substantial gainful activity threshold, the SSA will look at the applicant's employment history to see whether he or she is insured for the purposes of receiving disability benefits. In order to qualify for disability benefits, a person needs to have earned a certain number of "credits" within a certain time. A person can earn up to four credits per year. In general, a person needs 40 credits to qualify for disability benefits, 20 of which need to be earned in the 10 years previous to the year he or she became too disabled to work. Some younger workers may qualify with fewer credits in some circumstances.

Severity of Condition

If a person is insured for disability benefits, then the SSA assesses whether the applicant's condition is severe enough to prevent him or her from working. The SSA defines disability as a condition that
-Prevents a person from doing the work he or she did previously
-Prevents a person from doing other types of work
-Will last at least one year or will result in death

The SSA undertakes a four-step analysis in making disability determinations:
-Whether the applicant's condition is in the SSA's List of Impairments
-Whether the applicant's symptoms meet the definition of "severe" for the condition
-Whether the applicant's condition prevents him or her from doing the work he or she has done in the past
-Whether the applicant's condition prevents him or her from doing any other types of work

The SSA looks at each applicant's medical records and employment history to answer these questions. If a person's condition is so severe that he or she cannot continue in the same field of work as before and cannot do other work, the SSA will award benefits.

Talk to a Lawyer

The application process for Social Security disability benefits can be complicated. If the SSA does not receive enough supporting documentation along with an application, the SSA may not have an accurate idea of the extent to which an applicant's condition limits his or her ability to work. People applying for Social Security benefits should seek the assistance of a seasoned Social Security disability lawyer who can help make sure the application is a strong as possible in order to increase the likelihood the SSA will award benefits.

Article provided by Law Office of Stephen Ross
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