• 05
  • December
    2011

The Social Security Administration (SSA) oversees two different disability benefit programs for those who are disabled and cannot work. One of the programs is called Social Security Disability Insurance (SSDI), and whether an applicant qualifies for SSDI benefits depends on how long an applicant worked and the applicant's medical condition. The SSA considers a number of factors when determining whether to grant an applicant benefits and most applicants can benefit from having an experienced attorney guide them through the complicated SSDI application process.

Work History

One of the first things the SSA will look at in an application for SSDI benefits is whether the applicant has worked long enough to qualify for benefits. SSDI functions similarly to a traditional insurance program in that people pay premiums in order to insure themselves against future disability. The premium payments come out of a person's paycheck in the form of Federal Insurance Contributions Act (FICA) payroll taxes.

An applicant needs to have worked a certain amount of time to be insured for SSDI benefits. The current requirement is an applicant needs to have worked for 20 quarters of the past 40 quarters prior to the application date. This works out to be five of the past 10 years. Additionally, a person needs to have earned a minimum amount of money during each of those quarters. The current minimum for 2011 is $1,120.

SSA Definition of Disability

The SSA then looks at an applicant's medical condition after it has determined that a person has worked enough to qualify for SSDI benefits. In order for the SSA to grant SSDI benefits, it needs to find a person:

  • Can no longer do the work that he or she did due to a medical condition
  • Cannot do other work to make Substantial Gainful Employment (SGA) to support him or herself
  • The condition will last at least a year or result in the applicant's death

How the SSA Decides if an Applicant Is Disabled

The SSA first looks to see if the applicant is currently working and if so, how much the applicant makes. The SSA considers an applicant who makes over $1,000 per month as able to perform SGA and therefore not disabled.

If an applicant is not working, then the SSA looks to see if the applicant's condition is severe enough to interfere with work-related activities. If the condition is severe, the SSA looks to see if the condition is one of those on the Compassionate Allowances list of conditions that are so disabling that they have a fast track application process. If it is, then the SSA will expedite the application.

If the condition is not on the list, the SSA looks to see if the applicant can do the work he or she did previously. If not, then the SSA looks to see if there is other work that the applicant could do instead of his or her previous employment in order to make SGA. Only after the SSA has determined that there is no other work that an applicant could do, given his or her skills, education and age, does the SSA grant SSDI benefits.

An Attorney Can Help

The SSDI application process is long and can be arduous. The SSA demands a lot of information in its applications and there are several ways that an applicant can fail to qualify for benefits simply by not including all of the information in his or her application or not providing the right kind of information.

It is often helpful for applicants to have the assistance of an attorney who has filed SSDI application in the past. Such an attorney can ensure that the application is complete and contains all of the information that will clearly present how the applicant's condition prevents him or her from working.