BASICS FOR SOCIAL SECURITY DISABILITY

The most common question at the Forsythe Firm is, "What are the basic requirements for Social Security disability?"  Here they are:

1)  You are not currently employed at substantial gainful activity (SGA).  SGA in 2016 is defined as gross earnings of at least $1,130 per month.  Earnings would include salary, wages, tips, commissions, etc. earned from work.  Even though you may have a disabling impairment, you cannot receive SSDI benefits while you are still working at SGA level.

2)  You have a severe impairment which has lasted or can reasonably be expected to last for at least 12 consecutive months--and which prevents full-time work?  If you are under age 50, the impairment must prevent not only your most recent work but all other work which is available in the national economy.  At age 50 and above, the rules are relaxed somewhat by medical-vocational guidelines (grid rules).

3)  Do you have recent objective medical evidence that will prove the duration and severity of this impairment?  In other words, are you getting treatment from a qualified medical doctor, psychiatrist, licensed clinical psychologist or other "acceptable medical source"?  An impairment may be either physical, mental or a combination of the two.

One other note:  Claimants must be persistent, patient and willing to pursue appeals and hearings as may be necessary to get benefits.  Only about 28 percent of claims are approved at the initial (application) level.  Sadly, around 70 percent of applications are denied for one reason or another.  The successful claimant will appeal the denial within the allowed 60 day deadline.  Success may be months away; however, there is a much greater chance of being approved at the hearing or appeal level.  The law provides for back payments once your claim is eventually approved.



 

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