When Is A Person Considered Disabled By Social Security Disability?

The Social Security Disability program is designed to help individuals who have become permanently disabled. The Social Security program does not provide benefits for partial or short-term disability as it assumes that families have funds or resources available to provide support during periods of short-term disability. This may include worker’s compensation benefits, private disability insurance, savings or other means of income for the individual and the family.

Social Security Disability is a long-term program that provides benefits for individuals who have become “disabled” under the definition as set forth under the program. Social Security defines disability as:

• No longer being able to do the work that you did before;
• You cannot adjust to other work because of your medical condition; and,
• The disability has lasted or is expected to last for at least one year or will result in death.

How do You Qualify for Social Security Disability?

In order to qualify for Social Security Disability, you must first have worked in jobs that were covered by Social Security. If this is the case, then you must have a medical condition that meets the definition of a disability by Social Security. When you file your application for Social Security Disability, the office reviews five questions in order to determine if you are disabled.

1. If you are working and earning more than $1,070 per month, you generally cannot be considered disabled. If you are not working, your application is sent to Disability Determination Services to make a decision about your medical condition.
2. Your medical condition must be “severe” in that it interferes with basic work-related activities.
3. If your medical condition is on the list of severe medical conditions that automatically qualify, you are considered disabled. If not, your medical condition must be reviewed to determine if it poses equal severity to one of the conditions on the list.
4. If your medical condition is severe but not on the same severity as a medical condition on the list, the office must determine if the medical condition interferes with your ability to do the work that you previously did before the medical condition.
5. If you cannot work, can you perform other work based on your medical condition, age, education, experience and transferable skills?

Do You Need an Attorney for Social Security Disability?

Yes, it is in your best interest to consult a Social Security Disability attorney at the beginning of the process. The steps above are only a small portion of the process and are not as clear-cut as they appear to be on paper. Having an experienced attorney to protect your rights could mean the difference in receiving disability benefits and being denied benefits.

Contact an Experienced Social Security Disability Attorney

We’ve Helped Thousands of KY Families, we can help you!

The Social Security Disability attorneys of Musselwhite Meinhart & Staples, PSC have over 50 years of combined legal experience helping people just like you. We represent clients in Hardin County, Jefferson County and throughout central Kentucky from our offices in Radcliff and Elizabethtown and Louisville.

Contact us at (270) 351-6069 or 1-800-754-HELP to schedule a free consultation with one of our attorneys. You may also contact our office through our convenient online contact form.   We look forward to meeting with you to discuss how we can help you during this difficult time.