Law & Legal & Attorney Wills & trusts

Do I Qualify For Disability Benefits?

You could qualify for Social Security Disability (SSI or SSDI) if you have a physical or mental condition that limits your ability to perform substantial gainful activity. The disability must have lasted, or be expected to last, for at least twelve months or result in death. You must also be under the age of 65 and have worked five out of the last ten years. (If you have not worked 5 of the last 10 years, you may still qualify for Supplemental Security Income or SSI). A qualified social security advocate or attorney can help you determine exactly what you qualify for.

The Main Factors of Eligibility

1 - Have you worked five of the last ten years?
The first factor in determining eligibility for disability benefits (SSDI) is whether you are considered insured. To be insured you typically must have worked five of the last ten years, although this time requirement is less for younger applicants who have not had as much time to work. Most applicants for disability benefits who have been employed will be insured. However, those who don't qualify for SSDI may for Supplemental Security Income (SSI), whether they have been employed, if their income is low enough.

2 - Have you been (or expect to be) disabled for at least 12 months?
To be eligible you must also meet the durational requirement. The durational requirement means you must have been or expected to be disabled for at least twelve months, or the disability is expected to result in death.

3 - Are you under the age of 65?

4 - Can you perform "substantial gainful activity"?
It is important for you to understand what the Social Security Administration (SSA) means by substantial gainful activity. Substantial gainful activity is the ability to perform any regular job or work-like activity. Even volunteer work or school attendance will be considered. The test for disability is not about whether you can or cannot perform your current or previous job. Neither is the test about whether you can or cannot find employment. The test is about whether you can do any job or work-like activity that is generally available. Work-like activity can mean working for wages, attending school, or any other work-like activity (such as volunteer work), even if you are not getting paid. In plain English, you are not eligible if you can perform any work, including sedentary (unskilled) labor.

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