A person is only eligible for a Social Security disability benefit if they have worked in jobs covered by Social Security and paid into the program. Typically, a covered individual has paid into Social Security for at least 5 years within the past ten year period. Also, they must have a medical condition defined as a disability by the Social Security Administration.
Proving that your medical condition is disabling is probably the most difficult part. The following requirements must be met:
1) Your disabling condition must have lasted, or be expected to last for at least 12 consecutive months, or to end in death;
2) You must be unable to perform all of your past relevant work, defined as the jobs you have performed during the last 15 years; and
3) Depending on your age, you must be unable to adjust to any other type of work, even an unskilled sedentary job, like laundry folder, silverware wrapper or ticket taker.
If you are below age 50 and can perform any kind of full-time work, you will be denied benefits.
How does one prove disability? The law requires it to be done with objective medical evidence, which means examinations, tests, imaging or other medical investigations by qualified doctors. "Qualified doctors" usually means a Doctor of Medicine (MD) or Doctor of Osteopath (OD), but not a nurse practitioner or chiropractor. If a mental health impairment is claimed, evidence may come from a licensed psychologist but not from a counselor or therapist--unless they are working with a psychologist or psychiatrist.
You can actually spend a lot of time trying to figure out if you meet the legal requirements to get a Social Security disability benefit. Most people fall into the trap of convincing themselves that they are disabled, then believing that Social Security will also see it their way and pay them money. The real system just doesn't work that way. It is much more objective and much more demanding.
To find out if you really meet the basic rules for a disability check, it may be worth your time to talk to someone who handles Social Security cases for a living. These folks work 8 hours a day analyzing cases, appearing before judges, making arguments for claimants--and advocating for payment of benefits. They know what is required.
Find a good, experienced Social Security advocate or attorney. Make a call and find out what your chances are. If you do have a solid claim, it may not be ready to file yet. You may need certain things to be done to increase your chances of being approved. Nobody will understand this like a person who does this for a living day-in, day-out.
It's not just a question of whether you are disabled! It is also a question of how you can prove it.
person is only eligible for benefits if they have worked in jobs covered by social security and also have a medical condition that is defined as a disability by the SSA. Typically those who qualify have paid FICA taxes to the SSA for at least five to 10 years.
There are also specific citizenship and residency requirements but foreign workers can qualify for benefits under certain circumstances.
Proving your medical condition is a disability is often one of the more difficult parts of filing a social security disability claim. The SSA says that an individual must have a condition, either physical or psychological, that prevents them from working. In some cases an individual can work but they cannot earn more than a certain amount each month.
The SSA defines a disability by the following requirements:
- You are no longer able to work at your most recent place of employment
- You are unable to adjust to a different line of work because of your condition
- Your disability is expected to last at least one year or is expected to result in death
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