How Does the Social Security Administration define disability?
To meet our definition of disability, you must not be able to engage in any substantial gainful activity (SGA) because of a medically determinable physical or mental impairment(s) that is either:
Expected to result in death.
Has lasted or is expected to last for a continuous period of at least 12 months.
Browse more frequently asked questions below:
I am disabled, but I have plenty of money in the bank. Can I still apply for Social Security disability benefits?
No. If you have worked in recent years or if you are applying for Disabled Widow’s or Widower’s benefits or Disabled Adult Child benefits, it does not matter how much money you have in the bank.
How long do I have to wait after becoming disabled before I can file for Social Security disability benefits?
You can file for Social Security disability benefits on the very same day that you become disabled. If you suffer serious illness or injury and expect to be out of work for a year or more,yo should not delay in filing a claim for Social Security disability benefits.
I am still on sick leave from my employer. Can I file for Social Security disability now or do I have to wait until I hasp sick leave?
No, you do not have to wait until the sick leave is exhausted. You should file for Social Security disability benefits now.
Am I able to receive both workers' compensation and Social Security disability benefits?
Yes. There is an offset which reduces either Social Security disability benefits or workers’ compensation benefits paid, but in most cases, both benefits are still paid.
Who decides if I am disabled?
After you file a Social Security disability claim, your case is sent to a disability examiner at the Disability Determination agency. The examiner, working with a doctor, makes the decision on the claim.
If the claim is denied and you request reconsideration, your case will be sent to another examiner. If a claim is denied at reconsideration, you may request a hearing.
Your case then goes to an Administrative Law Judge who works for Social Security.
What are my chances of winning at a hearing?
Statistics show that your chances dramatically improve by hiring an experienced attorney.
If the Administrative Law Judge denies my claim, can I appeal anymore?
Yes. You can appeal to the Appeals Council which is within Social Security.
I am disabled, but I have never been employeed. Am I still eligible for Social Security disability benefits?
If your income is below a certain level, you can qualify for Supplemental Security Income (SSI) if you are disabled, even if you have never worked in the past.
If Social Security notifies me that they are going to cut off my disability benefits, what can I do?
Do not wait, and appeal immediately. If you appeal within 10 days after being notified that your disability benefits are being ceased, you can ask that your disability benefits continue during your appeal.
My doctor says I am disabled so why is Social Security denying my Social Security disability claim?
Social Security’s position is that it is not up to your doctor, it is up to them.