Maximum VA Disability Compensation in Agent Orange Cases 

Qualifying for Social Security Disability Benefits

In order to qualify for Social Security Disability Insurance (SSDI) benefits one must have enough work credits by working a job covered by Social Security and have a medical condition that meets Social Security’s definition of a disability. In general, the qualifying amount of work credits one needs is 40 but of those 20 credits need to have been earned in the last 10 years. Work credits are earned based off of total yearly wages or self-employment earnings. One can find out if they have enough work credits by contacting your local SSA field office.

Once it is established that one has enough work credits next is to determine if your disability qualifies under the rules of the Social Security Administration. First a Social Security agent will determine if you are engaging in Substantial Gainful Activity (SGA). When applying for SSDI you are alleging that you cannot work due to your conditions. If you have work income that is greater than an amount determined by the SSA then you will be found to be engaging in SGA and therefore disqualified from SSDI. This amount changes yearly and currently if you are working in 2022 and your earnings are more than $1,350 or $2,260 for a blind individual per month then you will be considered engaging in SGA and disqualified from SSDI.

Second, it must be determined that your condition is “severe.” The Social Security Administration defines a severe condition as having one or combination of impairments which significantly limit one’s physical and/or mental ability to do basic work activities without regard to their age education or work experience and expected to last for at least 12 months. 20 C.F.R. § 404.1521, 416.921. This can be established through medical records or report from your treating doctors. Third, as discussed in a previous article, the Social Security Administration will determine if your disability meets or medically equals one of the medical listings of impairments. Again if it is found that you meet or medically equal the listings then you have a qualifying disability but if not then the next factor is used.

Third in having a qualifying disability the Social Security Administration will access if you can perform your past relevant work. Past relevant work is defined as work performed within 15 years prior to the alleged onset of disability. 20 C.F.R. § 404.1565, 416.956. If it is found your disability does not prevent you from preforming your past relevant work then you do not have a qualifying disability, but if it does then move one to the last qualifying factor. Lastly, when determining if one has a qualifying disability the Social Security Administration will look at whether you possess the ability to perform other work which exist in the national economy considering the applicant’s age, education, and past work experience. If there are none then you have a qualifying disability and are therefore entitled to SSDI.

These qualifying factors are assessed at each level of your claim, from initial application to appeals. To prove that your disability qualifies you must provide ample objective medical evidence in support of your claim. Consulting with an experienced social security disability attorney can help one find out if they even qualify for SSDI. Having an attorney will also help one develop their claim to ensure that all the needed evidence is collected to establish your disability qualifies under the rules of the Social Security Administration.

Social Security Disability Specialty Certification

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