Qualifying Conditions and Gainful Activity: Understanding SSDI Eligibility
In general, to be approved for disability benefits, you must have paid into the system and you must have a serious medical condition that prevents you from performing any kind of work. Before considering your application, the SSA will make sure you have worked long enough and recently enough to be eligible to apply by evaluating the work credits you have earned. If you meet that requirement, they will then ask the following questions:- Are you currently working? If you are working at the time of your application and earning more than $1,220 a month in 2019, which is considered substantial gainful activity, you will not be considered disabled and your application will not proceed further.
- Is your medical condition severe? Your condition must prevent you from being able to do the basic physical requirements of a job such as lifting, standing, walking, sitting, and remembering and must limit you from these activities for at least a year. If you meet this standard, your application will move on to the next step. If you do not, you will be denied.
- Is your condition found in the Listing of Impairments? The SSA maintains a list of conditions—known as the Blue Book—that it considers to be serious enough to be disabling. If you have been diagnosed with a condition that is on the list, your application will move on to the next step. If your condition is not listed, the SSA will determine if it is at least as serious as a condition that is on the list.
- Can you do your job? Just having a condition that is on the Listing of Impairments, or is as serious as a listed condition, is not enough to qualify you for SSDI. In this next step, the SSA will determine whether the condition prevents you from being able to complete the tasks required of your job. If it does not, your application will be denied.
- Can you do some other work? If you can’t do what is required or your previous job, the SSA will then evaluate whether you are capable of doing your job with modifications or doing some other job. If you can’t, your application should be approved.
Strengthening Your Application With the Help of a Social Security Attorney
As many as 70 percent of initial SSDI applications are denied each year because the applicant failed to meet one of the criteria listed above. Often, the denial comes down to an incomplete application. When you work with the Social Security disability attorneys at Keller & Keller in Indianapolis, we will make sure your application is complete and that you have strong accompanying evidence. When the DDS evaluates your application, they will look at your employment, tax, and medical records, talk to vocational and medical experts, and ask you questions about your limitations. You can strengthen your application by making sure you have complete records—including a history of following doctors’ orders—and reliable evidence.How an Attorney Helps With Specialized SSDI Situations
The SSA's eligibility requirements get even more complicated depending on your specific circumstances. If your situation involves work credit timing issues, confusion about which program you qualify for, immigration status, or benefits based on a parent's or spouse's work history, you're dealing with an entirely different set of rules. Here's where an experienced Social Security disability attorney becomes valuable:- Date Last Insured (DLI) Issues - Your eligibility for Disability Insurance benefits depends partly on your Disability Insured Status, commonly referred to as your DLI or Date Last Insured. Think of it like an insurance policy that expires if you stop working. You must prove you became disabled before your DLI expires, or you won't qualify for benefits even if you meet all the medical requirements. An attorney can review your work history to determine your DLI and help you file your claim before time runs out.
- SSI vs. SSDI vs. Concurrent Benefits - SSDI is for workers who've paid into Social Security through payroll taxes and have enough work credits, while SSI is for disabled people with little to no work history and limited income and assets. If you've never worked much or stopped working years ago, you might still qualify for SSI. An attorney can determine which program fits your situation and represent you through the appeals process if you're denied. In some cases, you can receive what's called concurrent benefits. This involves collecting SSI and SSDI benefits simultaneously if your SSDI payment is low enough to still meet SSI's income limits.
- Non-Citizen Cases - If you're not a U.S. citizen, your immigration status affects your eligibility for disability benefits. Lawful permanent residents can generally qualify for SSDI if they have enough work credits, but SSI eligibility for non-citizens involves additional restrictions. International agreements (called totalization agreements) might allow you to combine work credits from both the U.S. and your home country. An attorney who handles both immigration and disability law can review your status and work history to determine what benefits you can receive.
- Disabled Adult Child (DAC) and Widow(er) Claims - You might qualify for disability benefits based on someone else's work record instead of your own. DAC benefits are for adults who became disabled before age 22 and can collect based on a parent's work history. Widow(er)'s benefits are available if your deceased spouse earned enough work credits and you're between the ages of 50 and 60 with a disability that started before or within seven years of their death. An attorney can help you gather the right documentation and prove your disability within the required timeframes.
Contact Keller & Keller for SSDI Applications or Appeals
Even though you might feel like the SSA owes you disability because you have spent years contributing to the system, unless you present a complete application, you will just be wasting your time. Whether you are applying for the first time or have been denied and want to appeal, now is the time to contact our disability attorneys. We will put our experience to work for you!| Related Links: |
