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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.



 

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