Work and Qualifying for Disability Benefits
In order to be approved for disability benefits, be it social security disability insurance (SSDI) or supplemental security income (SSI), claimants must provide proof (and medical records are the only acceptable proof here) that they have a severe impairment that has lasted or is expected to last more than 12 months, and that this impairment prevents them from earning a certain amount set each year by the social security administration (SSA).
The SSA refers to the minimum amount a disability applicant is allowed to earn as the SGA, which stands for substantial gainful activity. If your medical records indicate that you have a severe impairment that prevents you from earning the SGA ($900 per month in 2007, $940 per month in 2008, $980 per month in 2009, and $1000 per month in 2010--to see the current amount, visit this page: SGA), then you may qualify for disability benefits, but only if you can then prove that you are unable to perform not only your current job but any other work.
Not surprisingly, many disability claims are rejected because the disability examiner has determined that, though the applicant’s medical condition is severe enough to prevent him from returning to his current job, he is qualified to perform other work. In fact, it is rare that disability claims are turned down because a disability examiner feels the individual has a non-severe impairment (NSI); most people do not go through the long, frustrating process of filing for disability unless they are truly facing financial hardship as a result of their impairment.
How does a disability examiner determine what types of other work an applicant is able to perform? By looking at all jobs the applicant has performed in the past 15 years, what social security calls the “relevant period,” to see what job skills the applicant has acquired and the types of positions he or she has held. For this reason it is very important for anyone applying for disability to be really thorough when it comes to their work history. List not only past places of employment and job titles, but the exact duties performed at each company. Do not leave it up to the disability examiner to guess what you are capable of doing; e.g., how much walking sitting or standing was done, how much physical exertion was required, how many employees you supervised, etc.
In addition to your work history, the disability examiner must refer to a vocational grid, which takes into account your job skills, age, education, and the types of activities you are capable of performing in light of your physical or mental impairment. The grid is meant to ensure some measure of fairness to disability applicants, as well as consistency in disability decisions made across the country (disability decisions are made by state-run disability determination services agencies, referred to as DDS).
Unfortunately, the grid does not truly ensure fairness to those applying for SSD or SSI, because a disability examiner can suggest any type of work to which an applicant may be suited, even if that job does not exist in his area. Of course, those who are already struggling financially and suffering from a severe physical or mental impairment may not exactly be up to relocating, but this is not something that a disability examiner has to consider at all when rendering his or her decision, and this is a real flaw in the entire disability determination process that is not likely to be corrected in the near future.
So, if you have been turned down for disability benefits because an examiner has concluded that you are capable of performing “other work,” you should seriously consider getting a disability lawyer or non-attorney representative, who can greatly increase your chances of winning a medical vocational allowance.
A good attorney specializing in these types of cases will have a thorough knowledge of the grid rules. It’s also important to note here that statistics have shown that disability claimants who appear at a hearing without an attorney are as much as 50% less likely to win benefits.
Return to:
Social Security Disability Secrets
Social Security Disability Benefit Questions
Additional Posts
Social security definition of disability for SSD and SSI claims
Social security disability definition
How does social security define disability?
How many people get turned down disability?
Return to:
Social Security Disability Secrets
Social Security Disability Benefit Questions
The SSA refers to the minimum amount a disability applicant is allowed to earn as the SGA, which stands for substantial gainful activity. If your medical records indicate that you have a severe impairment that prevents you from earning the SGA ($900 per month in 2007, $940 per month in 2008, $980 per month in 2009, and $1000 per month in 2010--to see the current amount, visit this page: SGA), then you may qualify for disability benefits, but only if you can then prove that you are unable to perform not only your current job but any other work.
Not surprisingly, many disability claims are rejected because the disability examiner has determined that, though the applicant’s medical condition is severe enough to prevent him from returning to his current job, he is qualified to perform other work. In fact, it is rare that disability claims are turned down because a disability examiner feels the individual has a non-severe impairment (NSI); most people do not go through the long, frustrating process of filing for disability unless they are truly facing financial hardship as a result of their impairment.
How does a disability examiner determine what types of other work an applicant is able to perform? By looking at all jobs the applicant has performed in the past 15 years, what social security calls the “relevant period,” to see what job skills the applicant has acquired and the types of positions he or she has held. For this reason it is very important for anyone applying for disability to be really thorough when it comes to their work history. List not only past places of employment and job titles, but the exact duties performed at each company. Do not leave it up to the disability examiner to guess what you are capable of doing; e.g., how much walking sitting or standing was done, how much physical exertion was required, how many employees you supervised, etc.
In addition to your work history, the disability examiner must refer to a vocational grid, which takes into account your job skills, age, education, and the types of activities you are capable of performing in light of your physical or mental impairment. The grid is meant to ensure some measure of fairness to disability applicants, as well as consistency in disability decisions made across the country (disability decisions are made by state-run disability determination services agencies, referred to as DDS).
Unfortunately, the grid does not truly ensure fairness to those applying for SSD or SSI, because a disability examiner can suggest any type of work to which an applicant may be suited, even if that job does not exist in his area. Of course, those who are already struggling financially and suffering from a severe physical or mental impairment may not exactly be up to relocating, but this is not something that a disability examiner has to consider at all when rendering his or her decision, and this is a real flaw in the entire disability determination process that is not likely to be corrected in the near future.
So, if you have been turned down for disability benefits because an examiner has concluded that you are capable of performing “other work,” you should seriously consider getting a disability lawyer or non-attorney representative, who can greatly increase your chances of winning a medical vocational allowance.
A good attorney specializing in these types of cases will have a thorough knowledge of the grid rules. It’s also important to note here that statistics have shown that disability claimants who appear at a hearing without an attorney are as much as 50% less likely to win benefits.
Return to:
Additional Posts
Social security definition of disability for SSD and SSI claims
Social security disability definition
How does social security define disability?
How many people get turned down disability?
Labels: qualifying for disability, social security disability work
Return to: