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CAN YOU GET SOCIAL SECURITY DISABILITY - ANSWER THESE QUESTIONS

SOCIAL SECURITY DISABILITY INSURANCE (SSDI) covers workers who become unable to continue working.  You have this insurance under Social Security if you have recently worked at a job  which withheld and paid FICA or Social Security tax out of your payroll checks.

Answer these questions as a guide to see if you may be eligible for SSDI benefits.

  1. Have you worked and paid FICA taxes (payroll deduction) for at least 5 years out of the past 10-year period?  If you haven't, you not be covered or "insured" for SSDI.
  2. Are you now working at "Substantial Gainful Activity" or SGA level?  In 2023, you are gainfully employed if you work and earn $1,470 per month (gross) in wages, salary, tips, commissions or self-employment.  In 2024, SGA will be earning at least $1,550 per month (gross).  If you work at these levels, you are not disabled for Social Security purposes, no matter how severe your impairments are.
  3. Do you have a severe and medically determined impairment which has kept you from working for at least 12 straight months, OR will keep you from working for 12 straight months, OR is expected to end in death within 12 months?  Social Security pays no benefit for a short-term impairment (lasting less than 12 consecutive months).
  4. Are you able to perform your past relevant work on a full-time basis.  If so, you will not be found disabled and will not be eligible for benefits.
  5. Can you adjust to an easier, less demanding job that could do on a full-time basis.  If so, you are not disabled because you are able to perform "other work" which exists in the national economy.  This rule is especially critical for claimants who are under 50 years of age.

These guidelines are not legal advice.  They provide very general guidelines to help you understand the Social Security disability program.

For a comprehensive review of your circumstances and a free case evaluation, contact a qualified disability attorney or advocate. This professional may be able to help you file a claim, appeal a denied claim or appear at an appeal hearing.

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The Forsythe Firm, Huntsville, AL provides free case evaluations for SSDI claims and also handles appeals and hearings to recover past due benefits and Medicare.  We never charge you a fee until your case is won and you recover your back pay or past due benefits.  Call The Forsythe Firm at (256) 799-0297 or (256) 503-8151.

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