Skip to main content

WHAT DOES SOCIAL SECURITY CONSIDER TO BE A "DISABILITY?"

 The Social Security Administration (SSA) defines a disability as “the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months.” In order to qualify for SSDI benefits, an individual must prove that the impairments that prevent them from working were not caused by their own drug or alcohol abuse.

In short, you must have a total disability that makes you unable to work at any full-time job for a period of at least 12 straight months.

Here is the checklist that I use:

___1.    Severe disability making you unable to work

___ 2.    Disability will last 12 months or longer.

___ 3.    Not directly related to drug or alcohol abuse.

___ 4.    You paid into Social Security recently enough for coverage.

___ 5.    There is current medical evidence to prove disability.

Can you keep working until your disability application is approved?  No, unfortunately you cannot.  If a claimant is now working at "substantial gainful activity" Social Security will issue an automatic "step one" denial without considering any other evidence.

What is substantial gainful activity or SGA?  It is the amount of work that Social Security considers to be substantial and gainful.  The SSA sets dollar amounts that they use to define SGA.  In 2023, a person is engaged in SGA if he/she works and earns at least $1,470 per month in gross wages or self-employment.  The SGA threshold is adjusted each year (upward) to reflect inflation in the economy. For example, SGA in 2022 was $1,350.

There are several technical factors about a disability claim that can best be discussed with an experienced disability or advocate, such as those at the Forsyhe Firm in Huntsville.  These discussions are free.

___________

Charles W. Forsythe is founder of the Forsythe Firm in Huntsville, AL.  The firm spends all its time working for Social Security disability claimants.



 

Comments

Post a Comment

Popular posts from this blog

IF I CHANGE ATTORNEYS WILL IT DELAY MY DISABILITY CASE?

No.  Getting a new attorney will NOT delay your pending Social Security disability claim or appeal .  Your new attorney "inherits" the case and picks up where the other attorney left off.  There is no re-filing or starting over, so your case is not set back or delayed at all.  Social Security maintains an electronic folder stored in its system.  This folder contains every document ever submitted concerning your claim or appeal.  Your new lawyer may log into your electronic files and see, in real time, all the evidence and other documents in your file. While we do not recommend changing attorneys while your case is pending a decision, it is sometimes necessary.  You may need a new lawyer if your attorney dies, retires or  becomes disabled before your case is settled.  You may choose a new attorney without delaying or causing any set back to your case. If you are considering obtaining a lawyer to handle your Social Security disability case in...
Post a Comment
Read more

URGENT MESSAGE FROM SOCIAL SECURITY'S TOP OFFICIAL - February 18, 2025

There is a lot of talk and speculation about Social Security in the new Trump Administration.  The acting commissioner of Social Security recently resigned and Lee Dudek has been appointed the new Acting Director. Today (2/18/2025) I received a message from the new Acting Commissioner Dudek.  Here is part of Director Dudek's message on Social Security for 2025:   Our continuing priority is paying beneficiaries the right amount at the right time, and providing other critical services people rely on from us. DOGE personnel CANNOT make changes to agency systems, benefit payments, or other information. They only have READ access. DOGE personnel do not have access to data related to a court ordered temporary restraining order, current or future. DOGE personnel must follow the law and if they violate the law they will be referred to the Department of Justice for possible prosecution.                      ...
Post a Comment
Read more

SOCIAL SECURITY DISABILITY APPLICATION PROCESS

  Here is a brief overview of what takes place after you file your Social Security disability application : Application confirmation  – Social Security will mail you a copy of your application to sign. You will have an opportunity to review the application, correct any errors, and send it back to Social Security for processing. You must return the signed application. Social Security will not process your application until they receive your signed confirmation. And they don't send reminders about this. Function report  – Social Security will mail you a form called a function report . This form will ask questions about your personal care, meals, house and yard work, getting around, shopping, money, hobbies and interests, social activities,  and other abilities. This form will help Social Security determine what you can and cannot do on a daily basis. It must be filled out carefully and fully and returned. Work history report  – Social Security will ma...
Post a Comment
Read more