Qualifications for Eligibility of Social Security Disability Benefits
Posted on 29. May, 2010 by Admin in Uncategorized
According to social security law and disability law, an individual can only be termed as disabled if he/she has a medical, psychiatric or psychological impairment. Essentially, disability, according to social security law and disability law is an impairment that is brutal enough to prevent an individual from working as well as making more than a specified amount for a minimum of twelve months.
Presence of Physical Impairments
Therefore, there are several considerations that determine whether an individual qualifies for Social Security Disability. These include the presence of all physical and mental impairments in an individual’s medical records. Apart from that, the extent of the impairment must be severe such that the individual cannot work. Should the individual be in a position to work, then the severity of the impairment should be such that that person cannot make above a gross amount of $900 per month, commonly known as the substantial gainful activity (SGA) according to the social security administration.
Further still, it is important that the impairment must have lasted for a minimum of twelve months. If not so, then the impairment should be expected to go on for at least twelve months. It is important to note that consideration is based on either one or several impairments for as long the severity has a profound effect on the individual’s ability to work. In most cases, back conditions usually qualify as severe impairments whereas wrist and ankle sprains do not.
Other Conditions
Nevertheless, social security law and disability law allows individuals who are working to apply for SSD, and they are also allowed to continue working even after approval. However, this only applies when the individual’s monthly gross income does not exceed the SGA, which is currently $900. Individuals making more than SGA are usually denied approval regardless of their medical records or impairments. Social security law and disability law refers to such a denial as technical denial. It is therefore important for an individual to pass all the three aforementioned steps in order to get the benefits of SSD or SSI.
This article does not intend to give any legal advice.
For additional reading about eligibility for Social Security Disability benefits, contact the Tampa Law Firm of Mike Murburg, with offices in Tampa, St. Petersburg, and Clearwater, Florida.
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