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WHAT DOES SOCIAL SECURITY CONSIDER A DISABILITY?

Under Social Security law, a disability is any medically determined impairment that will last at least one year and is severe enough to prevent you from working for 12 straight months or more.  It can be a physical or mental impairment.

Social Security has no short term disability program and no partial disability benefit.

Please not the following about what they consider to be a "disability."

1. The key is that your condition makes you unable to work.

2.  Your impairment must be expected to last 12 months or more.

3.  Your medical condition must be "medically determined," i.e., you must have acceptable medical evidence of your impairment(s).

4.  You must not be working a substantial gainful activity (SGA) at the time you apply.   In 2023, you cannot be working and earning wages of $1,470 per month or more.

5.  You need enough "work credits" to support an SSDI claim.  Generally, you must have worked at least 5 years out of the most recent 10-year period.  You must have worked at a job which withheld and paid FICA, which is the Social Security tax.

Generally, individuals who have not worked in more than 5 years will not be covered for SSDI, even if they are severely disabled. 

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