WHAT IT TAKES TO GET DISABIITY BENEFITS

Social Security may provide cash benefits to covered individuals who become unable to work due to medical reasons (disability).  We should emphasize that these benefits are only available to "covered individuals," not to everyone.

So, who is covered?  SSDI is meant to cover workers.  To become covered, an individual must work and earn sufficient work credits (pay into the system).  Generally, a person is covered if he or she has worked at least 5 years out of the past 10 years.  Individuals who have not worked, or who have not worked recently, may not have insured status with Social Security and thus cannot get a benefit regardless of how sick or disabled they are.  Your local Social Security office can tell you quickly whether you have enough work credits to be covered for SSDI, which stands for "Social Security Disability Insurance."

Once you establish that you have enough work credits to have insured status, what does it take to get SSDI benefits?

1)  You must currently be unable to work and cannot be working at substantial gainful activity (SGA). Work is considered to be substantial if you are earning wages or compensation of at least $1,220 (the 2019 allowance).

2)  You must have a severe and medically determinable impairment which has (a) lasted for at least 12 straight months, (b) is expected to last for at least 12 straight months, OR (c) is expected to end in death.

3)  Your medical condition must usually be so severe that you cannot perform any type of full-time work which exists in the US economy.  This includes the inability to work at sedentary (sit-down), unskilled jobs, which usually pay minimum wage.  If you can perform any type of full-time job, your claim will be denied.

For individuals over age 50, the rules change a little because of Medical-Vocational Guidelines or "grid rules," which make it a little easier to qualify.

The final requirement for SSDI is that the claimant must be willing to persevere--to keep at it until the claim is finally approved.  This often happens only after one or more denials and appeals.  Relatively few claims are approved at the application level.  Those who give up after their application is denied are the losers.  Individuals who appeal and keep at it with rugged determination are the ones who ultimately win.

Just because you are disabled doesn't mean that you will be approved on the first try.  Most claimants get denied, file and appeal, go through a process called "Reconsideration" (more wasted time), then get a hearing with an administrative law judge.  It is at the hearing that the claim may finally get paid.  Unfortunately, this process can take months or even years.

Knowing how to stick with the process, in the correct order, is a key part to winning.  Knowing how to submit convincing evidence and get it before the right decision maker is also key.

Attorneys and advocates exist to help claimants with this frustrating, complicated and discouraging claim process. We may be able to keep you sane while you deal with the government and try to get your benefits.
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.THE FORSYTHE FIRM
Social Security Disability Counselors
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
CALL US (256) 799-0297      Free Consultations