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Who is Eligible for Social Security Disability Benefits?
Under the federal Social Security Disability program, benefits are available to those who are "disabled" in accordance with the law, and who meet certain work-related tests. The requirements are complex. An attorney can answer your Social Security Disability benefits questions and help you through any level of the qualification process.
Federal Social Security Law Defining "Disability"
In order to collect federal Social Security Disability benefits, a person must be disabled according to federal standards. Benefits are paid to people who are incapable of working because they have a serious medical condition.
The Social Security Act specifically provides that a "disability" creates the inability to engage in any substantial gainful activity by reason of a medically determinable physical or mental impairment, or combination of impairments, which can be expected to result in death, or has lasted, or is expected to last, for a continuous period of not less than 12 months.
In general, the term "medically determinable" means that there are observable signs of your impairment or impairments shown by anatomical, physiological, or psychological abnormalities seen through medically acceptable clinical diagnostic techniques, including laboratory findings.
Observable signs may be more difficult to prove in cases of mental impairment. The Social Security regulations describe psychiatric signs as "medically demonstrable phenomena that indicate specific psychological abnormalities, e.g., abnormalities of behavior, mood, thought, memory, orientation, development, or perception. They must also be shown by observable facts that can be medically described and evaluated."
Because of the complexity of the disability standard and the specific medical proof requirements, it is a good idea to engage an experienced Social Security attorney to assist you in presenting medical evidence.
You are usually considered to engage in "substantial gainful" employment if you earn monthly $900.00 or more in 2007 earnings.
Earnings Tests
Under the federal Social Security law, you must meet two earnings tests to collect disability benefits. Basically, you have to have worked recently enough and long enough over your lifetime to quality. The tests are based on how many work "credits" you have earned - for each quarter of a year worked at a certain earnings level, you get one credit.
These earning tests are widely referred to as the "recent work" test and the "duration of work" test. Some blind workers only have to pass the "duration of work" test and not the "recent work" test.
Recent work test
The recent work test looks at how old you were when you became disabled and how much you worked in the years immediately preceding disability onset. The rule is complex and requires different levels of recent work activity for disability beginning at various ages up to age 31. Generally, once you turn 31, Social Security looks at the past 10 years of work and whether you worked at least half of the work quarters during that time.
Duration of Work Test
You must also meet the duration of work test. This test looks at whether you have worked long enough over time to earn enough work credits to qualify for Social Security Disability benefits. The federal government provides the following simplification of the rule:
- If you become disabled before the age of 28, then you generally need 1.5 years of work.
- If you become disabled before the age of 30, then you generally need 2 years of work.
- If you become disabled before the age of 34, then you generally need 3 years of work.
- If you become disabled before the age of 38, then you generally need 4 years of work.
- If you become disabled before the age of 42, then you generally need 5 years of work.
- If you become disabled before the age of 44, then you generally need 5.5 years of work.
- If you become disabled before the age of 46, then you generally need 6 years of work.
- If you become disabled before the age of 48, then you generally need 6.5 years of work.
- If you become disabled before the age of 50, then you generally need 7 years of work.
- If you become disabled before the age of 52, then you generally need 7.5 years of work.
- If you become disabled before the age of 54, then you generally need 8 years of work.
- If you become disabled before the age of 56, then you generally need 8.5 years of work.
- If you become disabled before the age of 58, then you generally need 9 years of work.
- If you become disabled before the age of 60, then you generally need 9.5 years of work.
This duration of work chart may not apply to every applicant.
Conclusion
In order to collect disability benefits you must be "disabled" in accordance with the federal law, and also meet the earnings tests described above. An experienced Social Security Disability attorney can answer your Social Security Disability benefits questions and help you through all levels of the qualification process.
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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
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