Who Qualifies for Social Security Disability Insurance Benefits?

Social Security Disability Help Center

Determining if you qualify

There are many specific detailed rules that apply to qualification for Social Security Benefits. Below is a general overview of the basic requirements:

First, You must be deemed disabled under the Social Security Administrations rules and guidelines.

The definition of disability under Social Security is very stringent. Social Security pays only for what they determine to be total disability. No benefits are payable for partial disability or for short-term disability.

Disability under Social Security Administrations rules and guidelines is based on your inability to work. They consider you to be disabled if you cannot do the work that you did before your became disabled and they determine that you cannot adjust to other work because of your medical problem(s). Your disability must also last or be expected to last for at least one year or to result in death.

Social Security uses a five-step process to determine if you qualify as disabled under their rules.

A maximum earnings limit is included in the requirements. If after you became disabled, you continued to work, you cannot have earned, nor can you now be earning an average of $860 per month or more during the first 12 months of your disability. After that you can't exceed that amount for more than 9 months.
Your condition must prevent you from consistently performing basic work-related activities.
Your medical problem must either be on their list of qualifying medical conditions, or it must be determined to be equivalent in severity to a listed condition.

NOTE: If you meet these first three requirements, you are considered disabled by Social Security. If you only meet the first two requirements, but do not meet the third, then you may still qualify as disabled if you also meet the fourth and fifth requirements.

Your condition must prevent you from consistently performing the work you did previously.
You are found to be unable to adjust to other work.

You must also have worked long enough, and recently enough.

What this basically means is that you need to have earned a minimum amount of money (as little as $3880 per year) over enough years throughout your life, as well as over the 10-year period that leads up to your disability.

NOTE: Since multiple factors apply in the determination of how each individual's earnings fulfill the specific requirements over the two time periods, and how the exact amounts are determined for individuals of varying ages, and other special rules that apply to the legally blind, and disabled widows, disabled widowers, and disabled children, we are here to help you determine if you fulfill this requirement.

Our professionals are experts at making determinations such as these and you may use the "Contact Request Form" to have one of our trained professionals email you today. Or call us direct at 888-BENEFIT.

How soon should I file a claim for Social Security Disability Benefits?

It is to your advantage to file for benefits as soon as you become disabled. There is a statute of limitation that must be met to receive your maximum retroactive payments.

How do I apply for Social Security Disability Insurance benefits?

You can apply for Social Security Disability Insurance benefits in-person at any SSA office, by telephone, mail, and even via the internet or you can have one of our trained professionals help you.

If your initial claim was denied

A large number of Social Security Disability claims are denied at the initial level. If you are denied at the initial level, unless you have already returned to work or expect to return to work in the near future, or more than 60 days have passed since your denial, you should appeal, that is, file a request for reconsideration. You should also consider employing a professional to represent you.

How does having legal help throughout this process improve the chance that my Social Security Disability claim will be approved?

Statistics show that claimants who are represented by a professional are much more likely to have their claim approved.

We are experts at dealing with all aspects of the Social Security Disability claim process. Our experienced professionals know what proof the social security disability system requires at each step.

Using professional help eliminates both the necessity of waiting in long government lines and the chance that a government clerk's mistake can jeopardize your claim.

All aspects of your case including complicated paper work will be handled professionally.

We assist you in the preparation and submission of additional evidence that may be required to have your claim reconsidered for approval.

In addition, if the application for reconsideration is denied, your representative can then file a request for a hearing before an Administrative Judge of the Social Security Administration.

One of our representatives can assist you throughout the hearing stage by:

Preparing you to testify effectively at the hearing
Presenting evidence in support of your claim through medical records and reports.
Cross-examination of adverse medical or non-medical advisors called by the Administrative Law Judge.

A professional can assist you in the event that you are not successful at the hearing stage by appealing the Administrative Judge's decision to the Appeals Council, and from there to the United States District Court.

Please click the link to "How We Can Help" to learn more about how our professionals can ease the process for you every step of the way, ensuring you the best possible opportunity to have your claim approved.

Always consult with an experienced social security disability professional when you need help getting your disability benefits!

Click here for your FREE CONSULTATION!

Jacoby & Meyers Social Security Disability Help Center

(Available 8 AM - 5 PM PST) 1-800-411-4LAW

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Jacoby & Meyers has offices and attorneys throughout the United States, with regional offices in Southern California, Arizona, and New York.