HELPFUL HUNTSVILLE DISABILTY GUIDE

From time to time I like to get back to basics.  Here I want to explain briefly the requirements for getting Social Security disability.  I will give a very brief statement about requirements, then provide a little detail following:

You must have a severe, medically determinable impairment which has lasted for at least 12 consecutive months (or can reasonably be expected to last for 12 consecutive months), which prevents your ability to perform full-time work.

You are probably disabled under Social Security's rules if you can prove that you cannot sustain work for 8 hours a day, 5 days a week, or an equivalent schedule, week in and week out. For individuals under the age of 50, this probably means any type of work, not just the work you once did.


There is no particular impairment required.  It can be physical, mental or a combination of both.  Medically determinable means that the impairment must be determined using accepted medical or psychological techniques, such as laboratory tests, imaging or evaluation by a qualified doctor or clinical psychologist.  I might add, there must be sufficient medical evidence to prove (a) the diagnosis, (b) when the impairment began, and (c) the severity of symptoms.  Again, severity has to show that you are unable to peform any work on a full-time basis.

You also must have worked recently enough to be covered by Social Security insurance (called Title 2).  Generally, it covers workers who have paid into the system regularly for at least 5 out of the most recent 10 years.  If you don't have adequate work history (have not paid into the system) you may not be covered, even if you are disabled.  See No. 1 below.

Here are a few major facts to check before filing your claim:


  1. Call the local Social Security office and see if you still have disability coverage under Title 2.  Generally, if you have worked regularly during the most immediate five-year period, you probably have coverage.
  2. Decide the exact date you first became disabled.  This will determine how far back you may collect benefits, called "retroactive" benefits.  Also, make sure you have not worked at substantial gainful activity (SGA) since that date, or it may cause them to question the onset date.  Substantial gainful activity in 2016 is defined as gross wages of at least $1,130 per month.  In 2015, SGA was $1,090.  The number was slightly lower for 2014, etc.
  3. Sit down and make a list of the functions you have lost because of your impairments, for instance:  the ability to sit, stand, walk (on a prolonged basis), lift, reach, concentrate, follow directions, respond to other people, etc.  
  4. Gather names, address, telephone numbers and approximate dates of service from doctors, clinics, hospitals and other medical providers (needed for your application).
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