Are You Eligible for Social Security Disability? Here’s What You Need to Know
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If you cannot work because of an injury or illness, you may be wondering whether you qualify for Social Security Disability Insurance (SSDI). This is an overview of how the Social Security Administration (SSA) defines disability and who can apply. The rules are strict. A Michigan disability lawyer can help you put the medical and work evidence in order.
Do You Have a Case?WHAT IS SOCIAL SECURITY DISABILITY?
SSDI (also called SSD or, in some SSA materials, part of Retirement, Survivors, and Disability Insurance) is an earned benefit for workers who paid Social Security taxes and now have a long-term disabling condition. It is not a partial-disability or short-term program. SSI is a separate, needs-based program. See SSDI vs. SSI.
The SSA’s definition of disability
You generally must show that:
- You cannot do the work you did before
- You cannot adjust to other work because of your medical condition
- The condition has lasted or is expected to last at least 12 months, or to result in death
SSA does not pay SSDI for partial or short-term disability.
CRITERIA FOR DETERMINING SOCIAL SECURITY DISABILITY ELIGIBILITY
1. Work credits / insured status
SSDI is for people who worked in jobs covered by Social Security long enough to be “insured.” Most people need 40 credits, 20 of them in the 10 years before they became disabled; younger workers need fewer. Check your earnings record on ssa.gov or with SSA. Coverage can expire if you stop working for a long time.
2. You are not earning over the SGA limit
If you are working and earning over SSA’s substantial gainful activity (SGA) monthly amount, SSA usually will not find you disabled. The dollar figure changes each year (and is higher if you are statutorily blind). Ask a disability lawyer or check the current SGA chart on SSA’s site before you assume you are over or under.
3. Your condition limits basic work activity
SSA looks at whether you can sustain sitting, standing, lifting, concentrating, and other work functions—not only whether you have a diagnosis.
4. The condition is long-term
The 12-month duration rule is separate from how badly you feel this month.
5. You cannot do other work in the national economy
SSA considers your age, education, and work in the last 15 years, then whether other jobs exist that you could still do. If it finds such work, it may deny the claim even if you cannot return to your old job.
HOW A DISABILITY LAWYER CAN HELP WHEN YOUR CLAIM IS DENIED
SSA denies a large share of initial applications. Many later win on reconsideration or at a hearing. Denials often come from incomplete records, work above SGA, or a finding that other jobs exist—not from “you are not really sick.”
A lawyer can help with the first filing or an appeal. See do I need a lawyer and the appeal process.
LIST OF DISABLING CONDITIONS FOR SSDI ELIGIBILITY
SSA’s adult “Blue Book” groups impairments into 14 body systems. A listing-level condition can support a finding of disability if the medical evidence matches the listing. Many people who do not meet a listing still qualify based on residual functional capacity.
- Musculoskeletal
- Special senses and speech
- Respiratory
- Cardiovascular
- Digestive
- Genitourinary
- Hematological
- Skin
- Endocrine
- Congenital disorders that affect multiple body systems
- Neurological
- Mental
- Cancer (malignant neoplastic diseases)
- Immune system
Compassionate Allowances
Some conditions (certain cancers, ALS, early-onset Alzheimer’s, and others on SSA’s CAL list) can be processed faster when the diagnosis is well documented. A listing on that list is not a guarantee, and people without a CAL diagnosis can still win.
OTHER SOCIAL SECURITY DISABILITY PROGRAMS
Blindness or low vision
Statutory blindness is generally 20/200 or worse in the better eye with correction, or a visual field of 20 degrees or less. Vision short of that can still support SSDI if, alone or with other impairments, it keeps you from substantial work.
Disabled widows or widowers
A disabled widow, widower, or surviving divorced spouse may get benefits on a deceased worker’s record if other rules are met, including that the disability began before or within seven years of the worker’s death (with limited exceptions).
Disabled adult children
An adult disabled before age 22 may get child’s benefits on a parent’s record if the parent is deceased or receiving retirement or disability benefits. That is different from a child’s SSI claim.
Veterans
VA disability and SSDI are separate programs with different standards. A VA rating does not automatically win SSDI, but military records can help. SSA may expedite some Wounded Warrior claims. See VA disability lawyers.
STATE OF MICHIGAN SDA
Michigan’s State Disability Assistance (SDA) program is state cash aid with its own disability, income, asset, and residency rules. It is not SSDI.
NEED ASSISTANCE? CONTACT THE EXPERIENCED TEAM OF SOCIAL SECURITY LAWYERS AT THE SAM BERNSTEIN LAW FIRM
“The laws governing Social Security Disability benefits are incredibly complex, with many rules and exceptions, and it is often the case that legally eligible people are denied for no apparent reason,” said Mark Bernstein of The Sam Bernstein Law Firm. “Our experienced Social Security lawyers understand the system and will help you receive the benefits you and your family deserve.”
Social Security Disability law is complicated, but finding the right Michigan disability attorney is simple.
If you are applying for the first time or appealing a denial, fill out the brief form below or contact us for a free, no-obligation consultation.
Do You Have a Case?
