Social Security Disability Benefits

Social Security Disability benefits are paid to persons because they cannot work because of a medical condition that is expected to last at least one year or result in death.  Federal law requires this very strict definition.  Social security does not pay partial or short-term disability like some other programs.

Requirements of Social Security Disability

In order to receive disability benefits you must meet two earnings requirements; the recent work requirement and the duration of work requirement.  Social Security divides the calendar into quarters; you earn four work credits per calendar year.  Under the recent work requirement, if you become disabled:

• In or before the quarter you turn 24 – you need one and one-half years of work during the three year period ending with the quarter that you became disabled
• In the quarter after you turn 24 but before you turn 31 - work during half the time for the period beginning with the quarter you turned 21 and ending with the quarter you became disabled.
• In the quarter, you turn 31 or later – work five years out of the ten-year period ending with the quarter you became disabled. 

The duration of work requirement means that you have to show you worked long enough to receive benefits. Examples of this test are if you become disabled (Various ages are listed and are not exhaustive):

• Before age 28 – you need one and a half years of work
• Age 38 – four years of work
• Age 46 -  six years of work
• Age 54  -  eight years of work
• Age 60 - nine and half years of work

How to Apply for Disability

You should apply for benefits as soon as you become disabled.  It can take three to five months before getting a determination of your disability.  You can apply for social security benefits in several ways; you can apply online, you can call the toll free number at Social Security and get an appointment at your local social security office or apply by telephone interview. 

Who determines whether you are disabled?

Determinations of Disability are made by Disability Determination Services Office in your state.  They apply a five-step process to determine disability.  You must meet each level or go to next.  The steps in the process are:

Are you working - If you are working and your earnings average more than a certain amount each month, you will generally not be considered disabled.  This amount changes every year.

Is your medical condition “severe” - your medical condition must significantly limit your ability to do basic work activities—such as walking, sitting and remembering—for at least one year.

Is your medical condition on the List of Impairments:  conditions on this list are considered so severe that they automatically mean that you are disabled as defined by law.  If the severity of your medical condition meets or equals that of a listed impairment, the state agency will decide that you are disabled.  If it does not, the state agency goes on to step four. 

Can you do the work you did before?  At this step, the state agency decides if your medical condition prevents you from being able to do the work you did before.  If yes, you qualify, if not you go to the last step.

Can you do any other type of work?  The agency  evaluates your medical condition, your age, education, past work experience and any skills you may have that could be used to do other work.  If you cannot do other work, the state agency will decide that you are disabled.

Can you appeal a decision?

You can also appeal any decision made on your claim.  The appeal must be made in writing within 60 days of receiving the decision.

Do you need a Lawyer?

Social Security Disability is one of the most complex areas of the Social Security Program.  You have the right to representation before Social Security. It is important to make sure that your representative has experience in handling cases before Social Security.  Social Security will even set aside a portion of any past due benefits you may be entitled to pay representation fees to make getting representation easier.

Summary

Social Security Disability benefits are paid to persons because they cannot work because of a medical condition that is expected to last at least one year or result in death.  Determinations of Disability are based on earnings requirements and medical conditions.  This is a complex area of the Social Security program.  Competent legal representation is vital.  Legal fees can be paid from past due benefits if your claim is successful.