To qualify for Social Security Disability benefits, you will need to prove you have a disability that prevents you from working. You will also need to meet several other nonmedical requirements set by the Social Security Administration. You will need to have an adequate work history and meet a certain requirement of work credits to qualify for Social Security disability benefits. You will also need to meet income requirements. An attorney can help you determine whether you meet the nonmedical requirements for Social Security disability benefits.
If you are considering applying for Social Security Disability, you may be wondering, “how can a social security disability lawyer help you get benefits?” A Social Security disability lawyer can make sure you are meeting all the requirements set by the Social Security Administration. An attorney can also make sure that you submit the proper supporting documentation needed to approve your claim. If your claim is initially denied, a social security disability lawyer can also help you through the appeal process.
What Is Social Security Disability
Social Security disability is a government program that provides monthly benefits to disabled Americans whose condition makes them unable to work for at least 12 months. If you are unable to work due to a disability and are in need of financial assistance, you may apply for Social Security disability benefits.
The condition you have must meet the Social Security Administration’s definition of a qualifying disability. A qualifying disability is one that prevents you from working or engaging in a substantial gainful activity because of your medical condition. It is also required that you are unable to do the work you did previously or adjust to other work because of your medical condition. You must show that your condition has lasted or is expected to last for at least one year or to result in death. Social Security only pays benefits for total disability, so you cannot receive payment for a partial or temporary disability through this program.
Determining If You Have a Qualifying Disability
The Social Security Administration asks five questions to determine if someone qualifies for disability benefits. These questions are:
- Are you working?
- Is your condition “severe”?
- Is your condition found in the Social Security Administration’s list of disabling conditions?
- Can you do the work you did previously?
- Can you do any other type of work?
It is possible to be working and still receive Social Security Disability benefits. The work you are doing, however, cannot be considered substantial gainful activity. The Social Security Administration sets certain guidelines that indicate whether the work is considered substantial gainful activity. The Social Security Administration has strict standards of what defines substantial gainful activity. If your average earnings are more than $1,350.00 per month, you generally will not qualify as having a disability for the purposes of Social Security disability benefits.
Even if your earnings fall below this threshold, the Social Security Administration may find that you are engaging in substantial gainful activity. If, for example, you are able to perform roughly the same level of work as a non-disabled person in a similar business. In some cases, even volunteer work may be considered substantial gainful activity if it requires significant hours and skill.
For your disability to be a qualifying condition for the purposes of Social Security, your disability must be considered “severe.” The Social Security Administration defines “severe” as a disability that significantly reduces your ability to perform basic work-related activities such as standing, walking, sitting, or lifting. In addition, your disability must reduce your ability to perform these functions for at least 12 months.
The Social Security Administration maintains a list of medical conditions that are considered severe enough to qualify as a disability. If your impairment is not listed in the Social Security Administration’s list of recognized disabilities, they will have to make a specific determination on if your condition is severe enough to be considered a qualifying disability.
In general, a disability will not be considered a qualifying condition if you are still able to perform the work you did prior to the disability. If, however, you cannot perform the same type of work you did prior to the disability, the Social Security Administration will ask if you can do another type of work. When making a determination of whether you can perform another kind of work, the Social Security Administration will take into consideration factors such as your age, education, past work experience, and transferable skills.
What Is “Nonmedical Disability Criteria?”
Once the Social Security Administration determines you have a qualifying disability, you will still need to meet nonmedical disability criteria for receiving disability benefits. Nonmedical disability criteria refer to any additional criteria that you must meet that are unrelated to your medical conditions. You must have paid into the Social Security disability insurance program to be eligible to receive Social Security disability benefits. The Social Security Administration will determine if you have paid enough for the Social Security disability insurance (SSDI) program by looking at your work history and taxes paid.
Nonmedical Requirements for SSDI
One of the most important nonmedical requirements for Social Security Disability is that you have enough work credits to qualify for the program. To determine how many works credits you have, the Social Security Administration will look at your work history and the amount you have contributed to the Social Security Disability program.
The amount you must earn to get a work credit change from year-to-year. For 2022, the amount is set at $1,510.00. You can earn up to four work credits per year. The number of credits you need to qualify for SSDI will depend on your age. If you are over the age of 31, you are required to have at least 20 credits, and 10 of those must have been earned within the last ten years. If, however, you are aged 24-31, you will only need between 8 and 18 credits to qualify. If you are under 24, the Social Security Administration only requires you to have 6 work credits to qualify for SSDI. Since SSDI is based on you paying into the program through FICA taxes, you may have difficulty qualifying for SSDI if you did not pay taxes or your employer failed to withhold them.
You must also meet income limits to receive SSDI. Eligibility for SSDI requires that you are unable to perform substantially gainful employment. Because of this, you cannot earn more than $1,310.00 per month while receiving SSDI. Individuals who are blind, however, can earn up to $2,190.00 per month and still qualify for SSDI.
How to Apply for Social Security Disability Benefits
If you believe that you qualify for Social Security disability benefits, you will want to apply as soon as possible. The sooner you apply, the sooner you can start receiving benefits. The application process can sometimes take several months, and you may be entitled to back pay going back to the date when you first applied. You can apply for SSDI online, over the phone, or in person at your local Social Security office. In order to apply, you will need to gather several pieces of information, including:
- Your social security number
- Your birth certificate
- Any medical records relating to your condition
- Names, addresses, and telephone numbers of doctors, hospitals, and clinics where you received care
- A summary of where you have worked and the type of work you have done
- A copy of your most recent W-2 form
The Social Security Administration makes it fairly simple to start the application process. Once you have completed and filed your application, the Social Security Administration will verify the information that you have provided and may obtain additional information from your medical providers. In some cases, the Social Security Administration may require you to have additional medical exams paid for by the Social Security Administration. The process takes on average approximately three months, but can sometimes take much longer depending on your unique situation.
What to Do if You Are Denied Social Security Disability Benefits
Over 70% of Social Security Disability applications are initially denied. If this happens to you, you will have 60 days to appeal the denial. There are several reasons your claim for Social Security Disability benefits might be denied. Some of the most common reasons are:
- Lack of medical evidence
- Insufficient work credits to qualify for SSDI
- Failing to respond to requests for additional information
- Failing to follow your doctor’s treatment plan
- Failure to meet income requirements
Although only about 30% of disability claims are approved during the initial stage of the Social Security disability application process, many of these claims are later approved. Over half of the 70% of applications that pursue an appeal are later approved. Hiring a Social Security disability lawyer can greatly approve your odds of a successful appeal. In some cases, your Social Security lawyer can work on a contingency fee basis. This means you will not have to pay any upfront costs, but instead, the lawyer will be paid out of the back pay you receive once your case is resolved. If an attorney takes your case on a contingency basis, it is likely that he or she feels you have a strong claim, since he or she only gets paid if you win.
If you are denied SSDI, you may qualify for Supplemental Security Income (SSI) in some cases. While SSDI is based on work credits, SSI does not have a work history requirement. Instead, SSI is based on income and resources. SSI is a need-based program, and you will need to submit documentation of income when applying for SSI. It is possible to receive both SSDI and SSI simultaneously.
The Social Security Disability Appeal Process
If you have had your Social Security Disability claim denied, you should not become disheartened. A social security lawyer can help you with the next steps to get your claim approved. The first step is to start an appeal of the Social Security Administration’s decision.
You will need to submit a request for reconsideration. Your application will be reviewed again by a different Social Security Administration representative. At this point, you may add any new or different information that you believe will help your case. A representative other than the one who initially reviewed your application will take another look at it. He or she may agree with the decision to deny your benefits, or he or she may decide to approve your claim.
If your Social Security disability claim is still denied, you will move forward with the appeal process. The next step is to attend a disability hearing. The disability hearing is held in front of an administrative law judge, who will listen to your explanation of why you should receive Social Security disability benefits. At this point, you will also be able to present new evidence or any changes that have occurred since you initially filed your claim. In some cases, it may be helpful to have witnesses to testify about your condition and how it has affected your life. A Social Security attorney can help you decide if you should have witnesses and who they should be.
If the disability hearing does not resolve the claim in your favor, the decision will be sent to the Appeals Council. The Appeals Council consists of a panel of administrative law judges that have not been previously involved in your case. The council will review the administrative law judge’s decision on appeal and determine if there were errors in procedure or in applying the law. The Appeals Council will not consider any new or different evidence at this point. After reviewing your case, the Appeals Council will either agree with the hearings findings, overturn the decision of the disability hearing, or remand the case back to the administrative law judge for reconsideration.
