Attorney Jessie Paluch, founder of TruLaw, has over 25 years of experience as a personal injury and mass tort attorney, and previously worked as an international tax attorney at Deloitte. Jessie collaborates with attorneys nationwide — enabling her to share reliable, up-to-date legal information with our readers.
This article has been written and reviewed for legal accuracy and clarity by the team of writers and legal experts at TruLaw and is as accurate as possible. This content should not be taken as legal advice from an attorney. If you would like to learn more about our owner and experienced injury lawyer, Jessie Paluch, you can do so here.
TruLaw does everything possible to make sure the information in this article is up to date and accurate. If you need specific legal advice about your case, contact us by using the chat on the bottom of this page. This article should not be taken as advice from an attorney.
On this page, we’ll provide an overview of SSDI definitions and legal terms, eligibility criteria to qualify for SSDI benefits, medical factors determining SSDI eligibility, and much more.
A few key terms to understand throughout the SSDI process include:
If you or someone you love are unable to work due to a disability, you may be eligible for Social Security Disability Insurance.
Contact TruLaw using the chat on this page and receive an instant case evaluation to determine if you qualify for SSDI and/or SSI benefits today.
Question: What is the SSA’s definition of “disabled”?
Answer: You are considered disabled by the SSA when you are no longer able to perform substantially gainful actives at work as the result of a physical or mental impairment that is expected to last at least 12 months or result in death.
Social Security Disability programs can provide financial assistance to those who are unable to work due to severe impairments.
Contact TruLaw using the chat on this page and receive an instant case evaluation to determine if you qualify for Social Security Disability programs today.
In order to satisfy eligibility criteria for social security disability benefits, applicants must provide sufficient evidence that their disability began while they were covered under the Social Security system.
This involves providing detailed medical records that substantiate the onset and severity of the condition, ensuring it aligns with SSA’s disability criteria of Social Security Disability Insurance (SSDI).
The SSA looks for certain criteria in your medical records to see whether you can work a substantial amount—if you can’t, you’ll meet Social Security’s disability definition.
The Social Security Act along with the Listing of Impairments outlines specific conditions and impairments that qualify for benefits, helping ensure that those who are truly unable to work receive support.
Medical conditions that may qualify for SSDI benefits include, but are not limited to:
Social Security’s Listing of Impairments includes listings for both adults and children appearing in the Code of Federal Regulations (CFR) in appendix 1 to subpart P of part 404.
This resource describes impairments considered severe enough to prevent an individual from doing any substantially gainful activity for each major body system (or in the case of children under age 18 applying for SSI, severe enough to cause marked and severe functional limitations).
To determine whether you’re able to perform substantial gainful activity (SGA), the Social Security Administration (SSA) will first assess if you’re capable of performing your most recent job or any past jobs you’ve held within the last 15 years.
The SSA will carefully review your medical records, including treatment notes and medical source statements from your healthcare providers to evaluate the extent of your physical or mental limitations.
This process, known as developing medical evidence, is critical in establishing the legitimacy of a disability claim and determining eligibility for benefits.
If the SSA concludes that your limitations prevent you from carrying out your past work, they will then evaluate your ability to perform “other work.”
This decision is made by considering several factors relating to:
Consider a 58-year-old former construction worker with a high school education who can no longer perform his past work due to chronic back pain and arthritis.
In this case, the SSA would likely not expect him to learn entirely new skills or transition to a sedentary office job that requires computer proficiency, as it would be beyond his existing qualifications and experience.
For individuals with severe sensory impairments such as profound hearing loss or legal blindness, the SSA would not typically expect them to perform work that heavily relies on the affected sense, as their condition would significantly impact their ability to meet these job requirements.
The SSA aims to make a fair and accurate assessment of your capacity to engage in substantial gainful activity by carefully examining your unique circumstances.
This ensures that you receive the appropriate level of support and benefits based on your individual needs and limitations.
The criteria often include certain objective test results that include, but are not limited to blood tests, x-rays, MRIs, breathing tests, or exercise tests) in order to evaluate the severity of your health condition.
These tests provide important data that aids in determining eligibility for monthly benefits under SSDI.
A thorough diagnosis is essential for proving the extent of your impairment.
If the medical evidence supports a finding of a severe disability, the SSA will consider this when determining eligibility for benefits, including the possibility of receiving partial disability benefits if the impairment does not completely prevent work but does significantly limit one’s capacity to perform substantial gainful activity.
Social Security runs two programs: SSDI (Social Security Disability Insurance) and SSI (Supplemental Security Income).
These programs cater to different needs and have varying eligibility requirements, including work history and income levels.
To qualify for social security benefits, individuals must have contributed to the Social Security system through payroll taxes or self-employment taxes for a sufficient period.
This ensures that the social security trust fund remains adequately funded to support those who are genuinely in need.
The number of years required to pay into the system varies based on the applicant’s age:
SSDI applicants who meet these requirements are considered “insured” or “covered” for SSDI purposes.
It’s important to note that if a worker stops working and paying Social Security taxes, their SSDI insurance coverage will lapse after five years (this period is shorter for those age 30 and under).
To maintain eligibility for retirement benefits benefits, workers who stop working due to a disability must demonstrate that their disability onset occurred before their insured status expired.
The SSA has established these work credit requirements to ensure that SSDI benefits are provided to individuals who have contributed to the Social Security system and have a sufficient work history.
By meeting these criteria, applicants demonstrate their attachment to the workforce and their eligibility for SSDI support in the event of a disabling condition that prevents them from engaging in substantial gainful activity.
Applicants must also meet specific income, asset, and residency criteria to qualify for Supplemental Security Income (SSI) disability benefits.
SSI is a means-tested program, meaning that applicants’ income and assets must fall below certain thresholds to be eligible for benefits.
These limits are adjusted annually and vary based on factors such as marital status and living arrangements.
In addition to meeting the financial criteria, SSI applicants must also satisfy one of the following citizenship or residency requirements:
Qualified aliens include lawful permanent residents (green card holders), refugees, asylees, and certain other categories of non-citizens who are legally residing in the United States.
It’s important to note that some non-citizens, such as students with temporary visas or individuals without legal immigration status, are not eligible for SSI benefits.
When you submit your disability application to the Social Security Administration (SSA), it is forwarded to a state agency called Disability Determination Services (DDS) for a comprehensive evaluation.
At DDS, your application is assigned to a disability claims examiner, a specialist responsible for making the initial decision on your Social Security disability claim.
These examiners also handle decisions at the reconsideration level, which is the first stage of the appeals process and involves a thorough review of your paperwork.
Activities of Daily Living (ADLs) are the basic tasks a person has to do on their own to live independently, such as bathing, showering, dressing, eating, and using the toilet.
ADLs are activities related to personal care and are performed on a daily basis, usually without assistance.
The disability claims examiner will ask questions about your ability to perform these routine tasks and daily activities during the ADL calls.
This information helps the examiner understand the practical impact of your medical condition on your functioning.
Here are a few examples of questions the disability claims examiner may ask:
Your responses to these questions, along with the medical evidence and any consultative examination results, provide valuable insights into the extent of your limitations and help the examiner determine whether you meet the SSA’s disability criteria.
Other essential activities necessary for independent living are sometimes referred to as Instrumental Activities of Daily Living (IADLs).
These include doing household chores, taking care of pets, caring for children, and looking after others.
ADLs are used as an important measure to determine an individual’s functional status, especially for older adults or those with disabilities.
The DDS works diligently to gather and evaluate all relevant information to ensure that your claim receives a fair and accurate assessment throughout the eligibility determination process.
Their goal is to make a well-informed decision based on your medical condition and its impact on your ability to perform daily activities.
The Disability Determination Services (DDS) is a state agency that works with the Social Security Administration (SSA) to determine whether SSDI and SSI applicants meet the medical requirements for disability benefits.
They’re also responsible for developing medical evidence and making the initial determination on whether or not a claimant is disabled under the law.
A disability claim examiners are trained to evaluate your eligibility by thoroughly reviewing your medical and work history by working with a licensed physician or psychologist, to assess the available medical evidence.
They may request additional information or clarification from your healthcare providers to ensure a comprehensive assessment.
The disability claims examiner at DDS will take one or more of the following steps to assess your eligibility:
Once DDS has gathered all the necessary medical evidence, the disability examiner and medical consultant review the information and make a determination on whether you are disabled under Social Security’s rules.
If DDS finds that you are disabled, your case is returned to the SSA for payment processing.
If DDS finds that you are not disabled, your case is returned to the SSA, and you will receive a denial notice.
If you or someone you love has received a denial notice from the SSA, you still have the right to appeal the decision and pursue compensation.
Contact TruLaw using the chat on this page and receive an instant case evaluation to join others in appealing their denial for disability benefits today.
Substantial Gainful Activity (SGA) refers to a person earning more than $1,550 per month (or $2,590 per month for people who are blind), which is considered engaging in significant work activity.
If an individual is performing SGA, they may not be eligible for SSDI benefits.
Disability Determination Services (DDS) is a state agency responsible for determining whether SSDI claimants meet the medical requirements for disability benefits.
DDS works with the Social Security Administration (SSA) to gather and evaluate relevant information, including medical records and consultative examinations, to make a well-informed decision on an applicant’s eligibility.
To qualify for SSDI benefits, individuals must have contributed to the Social Security system through payroll taxes or self-employment taxes for a sufficient period.
The number of years required varies based on the applicant’s age, with those 50 years old needing at least 7 years of work and those 62 years or older requiring at least 10 years.
Supplemental Security Income (SSI) is a means-tested program, meaning that applicants’ income and assets must fall below certain thresholds to be eligible.
Additionally, SSI applicants must be U.S. citizens, U.S. nationals, or qualified aliens meeting specific residency conditions.
Activities of Daily Living (ADL) are the basic activities people do every day, such as eating, bathing, dressing, toileting, and transferring.
Disability claims examiners may ask questions about an applicant’s ability to perform ADLs to understand the practical impact of their medical condition on their functioning and determine eligibility for SSDI benefits.
The Social Security Administration (SSA) has a list of impairments that may qualify for SSDI benefits, including cancer and blood disorders, cardiovascular conditions, mental health conditions, musculoskeletal disorders, and neurological conditions, among others.
The severity and duration of the condition, as well as its impact on the individual’s ability to work, are key factors in determining eligibility.
Experienced Attorney & Legal SaaS CEO
With over 25 years of legal experience, Jessie is an Illinois lawyer, a CPA, and a mother of three. She spent the first decade of her career working as an international tax attorney at Deloitte.
In 2009, Jessie co-founded her own law firm with her husband – which has scaled to over 30 employees since its conception.
In 2016, Jessie founded TruLaw, which allows her to collaborate with attorneys and legal experts across the United States on a daily basis. This hypervaluable network of experts is what enables her to share reliable legal information with her readers!
You can learn more about the Social Security Disability Insurance by visiting any of our pages listed below:
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Here, at TruLaw, we’re committed to helping victims get the justice they deserve.
Alongside our partner law firms, we have successfully collected over $3 Billion in verdicts and settlements on behalf of injured individuals.
Would you like our help?