disability lawyers


HOW DOES SOCIAL SECURITY DEFINE WHO IS DISABLED ?





How does social security define disability and who is actually disabled? Actually, quite a bit differently than other types of disability programs and systems. For social security disability and for SSI as well, disability status is not thought of in terms of permanency.

Social security takes the position that some individuals who have been found disabled and approved for disability may undergo medical improvement. And it is for this reason that individuals who have been awarded disability benefits have their cases reviewed every one, three, or seven years (how often your case is reviewed is determined at the time of your approval).

However, though you do not have to be considered permanently disabled to receive SSD or SSI benefits, you must be considered to be totally disabled.

What does this actually mean for an individual to be considered disabled by SSA? This is how SSA will define disability:

For adults, the definition of disability used by SSA means that your medical condition must have prevented you from working for the past twelve month or social security must be able to conclude from your medical records that you will not be able to work for twelve months.

This includes working at any of the jobs you have performed in the past (typically, jobs you have done in the last fifteen years and did for at least a year). It also includes the inability to do other types of work. What is other work? Other work, according to the social security administration, includes jobs that you may, in a reasonable sense, be able to do, aside from your past work. Suitable other work is based on your age, transferrable skills, current medical limitations, and level of education.

An individual who is found to be unable to work at a past job, or at an "other work" job, will be considered disabled and eligible for disability.

However, one thing should be clarified. Inability to work, as far as social security is concerned, does not mean the inability to do any work. It simply means the inability to work and earn a substantial gainful income. In other words, if you can't work and earn above a threshold amount, you will qualify for disability.

What is that earnings limit, or threshold? For more information, you may wish to visit this page: What is Substantial gainful activity








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