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There are many conditions that are considered for disability. You may qualify for Social Security Disability (SSD) benefits if you have a permanent physical or mental impairment that prevents you from earning a substantial income.
According to the Center on Budget and Policy Priorities (CBPP), more than eight million Americans receive SSD benefits. To be eligible for payments, you must have a condition that prevents you from engaging in “substantial gainful activity.” The Social Security Administration (SSA) Blue Book groups qualifying conditions into categories:
You can get SSD benefits for conditions not listed in the Blue Book. To receive payments, you must have proof of a medically determined impairment from a medical authority.
Your condition must also reduce your residual functional capacity (RFC) enough that you cannot work.
When considering an SSD claim, the SSA asks five questions:
An essential element to a successful SSD claim is medical evidence. You will need to see a qualified healthcare provider for a diagnosis. Proof of your condition may include:
The SSA oversees two different disability programs – Social Security Disability Insurance (SSDI) and Supplemental Security Insurance (SSI). Both programs require that you have a qualifying disability. However, the criteria for SSDI and SSI are different:
SSDI is a program for workers who have paid into Social Security through their earnings. Usually, you must have 20 work credits (about five years of work) to qualify, but you may be eligible with fewer credits depending on your age.
The SSA determines your benefits by the number of work credits you have accumulated and the amount of your wage contributions. The more credits and the higher your earnings, the more you will receive in benefits.
According to the American Association of Retired Persons (AARP), the average monthly SSDI benefits for 2021 are around $1,200 per month.
SSI benefits are not based on work history but rather, financial need. The program helps disabled people who have limited income and resources.
In addition to federal SSI payments, most states, including Pennsylvania and Ohio, offer supplementary SSI benefits.
According to the SSA, as of January 1, 2021, the federal benefits rate is $794 per individual and $1,191 per couple. The rate is adjusted yearly based on the Consumer Price Index.
There is a limit to how much you can make while working if you are receiving benefits. The SSA establishes a substantial gainful activity amount (SGA) each year.
If your earnings exceed the SGA, you may lose your benefits. The SGA for 2022 is between $1,350 and $2,260, depending on your disability.
If the SSA denies your claim for medical reasons, you can file a Disability Appeal. You must do this within 60 days of receiving the denial. The appeals process has four levels:
You may also appeal for non-medical reasons. Additionally, you can appeal if the SSA discontinues your benefits.
Applying for SSD benefits can be complex. You want to make sure you supply the SSA with the information they need to approve your request, ideally on your first attempt. Our attorneys can:
The team at Berger and Green has helped clients with their legal needs for more than 40 years. We know how important receiving your benefits is to you and your family. If you have a disability that prevents you from working, we are here for you.
We have assisted thousands of people with their SSDI and SSI cases, and we have a strong track record of successful SSD appeals. Contact our office with questions about what conditions are considered for disability and how to tackle the claims process. Take advantage of our free consultation at (412) 661-1400.