For Social Security Disability, disability is based on your inability to work. The Social Security Act defines disability as a "person's inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months". The Social Security Administration (SSA) will consider you disabled if: (1) You cannot do the work that you did before; (2) The SSA decides that you cannot adjust to other work because of your medical condition(s); and (3) Your disability has lasted or is expected to last for at least one year or to result in death.
This definition of disability is strictly enforced. Social Security pays benefits only for total disability, so no benefits are payable for partial disability or for short-term disability. Social Security program rules assume that working families have access to other resources to provide support during periods of short-term disabilities, such as workers' compensation, private insurance, savings and investments.
Frequently asked questions
Do You Need a Lawyer?
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Evaluate your case and answer any questions
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File your initial claim
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Gather evidence to strengthen your claim
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Monitor and notify you of your case's progress
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Handle all aspects of the Administrative Law Judge hearing
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Prepare you for the questions that will come up at your hearing
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Ask the Administrative Law Judge to subpoena any witnesses necessary to proving your claim
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Argue your case at the hearing by giving an opening and closing statement, cross-examining the vocational expert and any other adverse witnesses, and asking the Administrative Law Judge to review and reassess any prior claims
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Ensure the your social security benefits are calculated correctly
How the SSA Determines if You are Eligible
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Are you working -
If you are working in 2010 and your earnings average more than $1000 a month, you generally cannot be considered disabled. If you are not working, your claim goes to Step 2.
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Is your condition severe? -
Your condition must interfere with basic work-related activities for your claim to be valid. If it does not, the SSA will find that you are not disabled. If your condition does interfere with basic work-related activities, go to Step 3.
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Is your condition found in the list of disabling conditions? -
For each of the major body systems, the SSA maintains a list of medical conditions that are so severe they automatically mean that you are disabled. If your condition is not on the list, we have to decide if it is of equal severity to a medical condition that is on the list. If it is, the SSA will find that you are disabled and your claim will be approved. If it is not, your claim advances to Step 4.
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Can you do the work you did previously? -
If your condition is severe but not at the same or equal level of severity as a medical condition on the list, then we must determine if it interferes with your ability to do the work you did previously. If it does not, your social security claim will be denied. If it does, we proceed to Step 5.
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Can you do any other type of work? -
If you cannot do the same kind of work you did in the past, the SSA will see if you are able to adjust to another type of work. Your medical condition(s), age, education, past work experience, and any transferable skills you may have are taken into account. If you cannot adjust to other work, your claim will be approved. If you can adjust to other work, your claim will be denied.
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Disability Denial
Those who are too sick or injured to work are eligible to receive social security disability compensation subsidized by the federal government. Aside from providing a means to get through daily life and replace lost wages, these integral funds are designed to assist with expensive prescriptions that help you cope with your illness or disability. Unfortunately, sometimes payment for your disability will be denied. Being bogged down by disability is bad enough, but a lack of income only compounds matters. It is not uncommon for the people responsible for reviewing your application for disability payment to deem you an unqualified recipient, although you believe this is not the case.
Types of Disability
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Autism
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Attention Deficit Hyperactivity Disorder (ADHD)
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Bipolar Disorder
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Depression
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Schizophrenia
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Degenerative Disc Disease
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Disorders of the Spine
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Fibromyalgia
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Carpal Tunnel Syndrome
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Reflex Sympathetic Dystrophy (RSD)
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Traumatic Brain Injury (TBI)
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Seizure Disorder
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Stroke
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Multiple Sclerosis (MS)
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Lupus
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Lyme Disease
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Diabetes
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Interstitial Cystitis
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Chronic Pain
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Mesothelioma
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Vision Loss
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Heart Disease
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Paralysis
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Breathing Disorders
How to Apply for Social Security Disability
Reasons SSA May Deny Your Case
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You are unable to provide ample medical proof.
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Impairment does not warrant compensation due to its level of severity.
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Your injury or illness is a direct result of substance abuse.
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It is improbable that your disability will last longer than one year.
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Your ability to perform at work is unaffected.
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You can perform an alternative job to substitute for your previous occupation.
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You do not adhere to the instructions pertaining to your medication.
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You go back to work while the disability application is still being processed.