Articles

Disability Law: Eligibility for Social Security Disability

Introduction

If a disability is preventing you from working, you may be able to receive disability benefits from the federal government. The Social Security Administration (SSA) is the government agency assigned to determine whether or not an individual qualifies to receive disability benefits. Presentation of the proper evidence is crucial in qualifying for disability income. It may be helpful to an individual applying for disability benefits to obtain the assistance of an attorney experienced in disability issues to advise the person on his or her rights.

Prerequisites for Obtaining Benefits

To receive disability benefits, an individual must establish that he or she is disabled. The SSA defines "disability" as "the inability to engage in substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months." [SSA Handbook, § 507] The individual must not only be unable to work at his or her current position, but must also be unable to perform substantial work at other types of employment nationwide. The worker's disability must be the principal reason he or she can not work.

Primary consideration is given to the severity of a person's impairment when determining eligibility for benefits. A medical impairment may be any type of physical or psychological condition or injury, which is demonstrable by medical evidence. The SSA will consider a person's ability to perform basic work activities, such as sitting, standing, walking, lifting, reaching, communicating, using judgment, responding to supervision, and so on. In addition, the SSA maintains a list of impairments that qualify an individual for disability benefits if the individual is not working.

The person seeking benefits must prove the existence of a listed impairment by diagnosis from a physician, as well as the report of symptoms, clinical signs, and laboratory findings that match those of the corresponding condition in the listings. If an applicant has not received medical attention for the impairment, or evidence is not available, the SSA will be responsible for securing such evidence. Medical evidence should include a report from a licensed physician, a copy of the medical records from a hospital or clinic, and/or laboratory findings. The evidence is more persuasive if it describes the individual's ability to perform work-related functions. The SSA will also consider the effectiveness of treatment upon the applicant's symptoms.

Besides medical impairment, an applicant must also demonstrate that he or she is unable to engage in "substantial gainful activity" if the person's impairment is not "listed" or the functional equivalent of a listed impairment, or if his or her history indicates that he or she is able to perform substantial work. The term "substantial gainful activity" means employment for profit, whether full- or part-time. The SSA will examine a person's work history, age, education, and daily activities when deciding whether the applicant has the ability to perform useful work. The amount of earnings from work activity during the period of the alleged disability may also be considered by the SSA as evidence of ability to perform substantial gainful activity.

Conclusion

At first glance, it may seem that the burden to prove a disability in order to receive benefits is overwhelming. However, you should not allow the amount of required information scare you. It is really only a matter of filling out several pages of questionnaires and allowing the SSA access to your medical records. Employees of the SSA will perform most of the work needed to evaluate your case, and they are available for free at any Social Security office to assist you in applying for benefits. As a reward, you may be eligible for benefits retroactively, and you will be entitled to benefits until your impairment improves enough to allow you to work once again.

(C) FindLaw. All rights reserved.