Federal Law Regarding "Disability"
To receive benefits under the federal Social Security Disability program, a person has to qualify as being "disabled" in accordance with the law, and meet tests related to their work history. These requirements are complex and experienced Social Security Disability attorneys may be of great assistance in answer questions and helping you in any level of the qualification process.
The first eligibility requirement is to be disabled according to federal standards. The Federal definition by law is that benefits are paid to people who are “incapable of working due to a medical condition that is expected to last at least one year or result in death. According to the Social Security Act, "disability" means the person is unable to participate in any substantial gainful activity due to a medically determinable physical or mental impairment, disabled under the federal definition.
“Medically determinable" is measured by what a doctor shows, through acceptable reports, clinical and laboratory findings that you are disabled. Proving this is often difficult, particularly in cases of mental impairment. Social Security attorneys experienced in your type of case will be able to assist in collecting and presenting information and medical reports to prove to the government that you have a medically acceptable disability.
The second eligibility requirement is related to several earning tests developed by the Social Security Administration. The first test is the inability of obtaining and earning less than $860 per month in 2006. This amount will be raised to $900 per month in 2007. The other earning tests are that relate to your recent work and the duration of your previous work.
Earning Tests
Under the federal law, you must meet certain earning tests in order to collect disability benefits. You must have built up sufficient "work credits" under Social Security rules. The amount of credits you need depends on your age and the year in which you become disabled. The earning tests you must meet are widely referred to as the "recent work" test and the "duration of work" test. It should be noted that certain blind workers only have to meet the "duration of work" test.
The Recent Work Test. This test is based on how old a person is at the time they became disabled. The rule itself is complicated. The year is divided into four quarters. The first quarter is from January 1 - March 31, the second quarter is from April 1 - June 30, the third quarter is from July 1 - September 30, and the fourth quarter is from October 1 - December 31.
These quarters and your age at the time of disability are important in determining how much time you would need to have worked before you have become disabled. At age 24 or less, 1.5 years of work is required in the 3-year period prior to your disability. If you are disabled prior to the quarter you turn 24 years of age, 1.5 years of work are required during the 3-year period ending with the quarter that your disability began. From the quarter after you turn 24 until the quarter before you turn 31, to qualify, you need to have worked half the time between the age of 21 and the quarter you became disabled. After the age of 31, you will have needed to work 5 years out of the 10-year period ending with the quarter your disability began.
Duration of Work Test. Once the recent work test is passed, the duration of work test must be met. This test demonstrates that you have a work history long enough to collect benefits under Social Security standards. The simplification of this rule is provided on the table below:
Disabled by age |
General # of years worked |
|
Disabled by age |
General # of years worked |
28 |
1.5 |
|
48 |
6.5 |
30 |
2 |
|
50 |
7 |
34 |
3 |
|
52 |
7.5 |
38 |
4 |
|
54 |
8 |
42 |
5 |
|
56 |
8.5 |
44 |
5.5 |
|
58 |
9 |
46 |
6 |
|
60 |
9.5 |
Conclusion
Understanding how the government makes its decisions when you file for Social Security Disability benefits is important. Presenting your application as completely as possible is not an easy task. Due to the high rate of initially denied claims, your rights regarding the appeals process are also of extreme importance. Qualified Social Security Benefit attorneys, experienced in your type of claim, will be able to answer your questions and assist you in all levels of the complex qualification process
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