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Eligibility for Social Security Disability
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 that determines whether or not a person qualifies to receive disability benefits. Presentation of the proper evidence is crucial to an individual's qualification for disability income, so in order to ensure the best possible outcome it may be wise to consult an experienced attorney who can answer your questions and assist you in the disability benefits qualification process.
SSA Qualification Requirements: Disability and Impairment
In order to receive disability benefits, an individual must establish that he or she is actually disabled. The Social Security Administration 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." 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. The worker's disability must be the principal reason he or she cannot work.
When determining eligibility for SSA disability benefits, primary consideration is given to the severity of the individual's impairment. A medical impairment may be any type of physical or psychological condition or injury that can be shown through medical evidence. In making its determination, the SSA will consider a person's ability to perform basic work activities -- including sitting, standing, walking, lifting, reaching, communicating, using judgment, and responding to supervision.
Proof of Impairment
An individual seeking benefits must prove the existence of a recognized impairment through diagnosis by a physician, and the reporting 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 SSA will also consider the effectiveness of treatment upon the applicant's symptoms. Taken together, the evidence considered by the SSA will be more persuasive if it describes the individual's ability to perform work-related functions.
"Substantial Gainful Activity"
Besides medical impairment, an applicant must also demonstrate that he or she is unable to engage in "substantial gainful activity" in the following situations:
- 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. In deciding whether the applicant has the ability to perform useful work, the SSA will examine his or her work history, age, education, and daily activities. The amount of earnings the applicant earned from working during the period of alleged disability may also be considered by the SSA as evidence of ability to perform substantial gainful activity.
Getting Help with the SSA Benefits Application Process
While proving a disability in order to receive SSA benefits may seem like a complex process, it can be as simple as 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 consultation at any Social Security office.
Remember that qualification for disability income from the SSA depends in large part on presenting the proper evidence. It may be beneficial to obtain the assistance of an experienced attorney to answer any questions, and to assist you throughout the benefits application process.
FAQs
- How does an employee file a claim for benefits?
- What are Employee Retirement Income Security Act (ERISA)'s funding requirements?
- When is a worker eligible for overtime pay?
- Does the law require employers to provide pensions?
- How is the overtime pay rate computed?
Employees' Rights Resources
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