The Social Security act changes all the time. The Social Security disability information included below was valid for the year 2007.
How do you Qualify for Social Security Disability Benefits?
To qualify for disability benefits from social security, you must have worked in jobs covered by the social security act, meaning you must have a medical condition that meets Social Security's definition of disability.
Social Security will pay monthly cash benefits to people who are unable to work for one year or more because of a disability.
Benefits usually continue until you are able to return to work again on a regular basis.
If you are receiving Social Security disability benefits when you reach your full retirement age, your disability benefits automatically convert into retirement benefits, but the amount Social Security will pay you will remain the same.
How Many Work Credits do you Need?
You must have worked long enough, and recently enough, under the Social Security act to qualify for disability benefits.
Social Security work credits are based on your total yearly wages or self-employment income. You can earn up to four credits each year.
The amount needed for a credit changes from year to year. In 2007, for example, you earn one credit for each $1000 of wages or self-employment income. When you've earned $4,000, you've earned your four credits for the year.
The number of work credits you need to qualify for disability benefits depends on your age when you become disabled. Generally, you need 40 credits, 20 of which were earned in the last 10 years ending with the year you become disabled, younger workers may qualify with fewer credits.
Your Social Security Statement shows whether you meet the work requirement at the time it was prepared. If you stop working under Social Security after the date of the Statement, you may not continue to meet the disability work requirement in the future.
Definition of Disability according to Social Security
Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability. The program assumes that working families have access to other resources to provide support during periods of short-term disabilities, including workers' compensation, insurance, savings and investments.
Disability under Social Security is based on your inability to work. You are considered disabled under the US Social Security rules if you cannot do the job that you did before and they decide that you cannot adjust to other work because of your medical condition. Your disability must also last or be expected to last for at least one year or to result in death.
How Does Social Security Detemine If You Are Disabled?
There is a process involving several questions.
Are you working?
If you are working and your earnings average more than $900 a month (2007), you generally cannot be considered disabled.
Is your condition severe? Your condition must interfere with basic work-related activities for your claim to be considered. If it does not, Social Security will find that you are not considered disabled.
Is your condition found in the list of disabling conditions?
Social Security maintains a list of medical conditions that automatically class you as disabled. If your condition is not on the list, Social Security decide if it is of equal severity to a medical condition that is on the list.
If your condition is severe but not at the same or equal level of severity as a medical condition on the list, then Social Security determines if it interferes with your ability to do the work you did previously. If it does not, your claim will be denied.
Social Security will look at the demands of your recent work and compare them with an assessment of your remaining ability to do basic work activities. Social Security will only look at your past work that they consider relevant.
If Social Security decides you can still do your past work as you did it, we find that you are not disabled.
If Social Security decides you can do your past work as it is generally done in the national economy, they will find that you are not disabled.
If Social Security decides you are not physically and mentally able to do any of your past relevant work, either as you did it or as it is generally done in the national economy, they will consider if you can do any other type of work.
If you cannot do the work you did in the past, Social Security will see if you are able to adjust to other types of jobs. Social Security will consider your medical conditions, your age, education, past work experience and any skills you may have. If you cannot adjust to other work, your claim will be approved. If you can adjust to other work, your disability claim will be denied.
There are special rules for people who are blind or have low vision.
Social Security will consider you to be legally blind under their rules if your vision cannot be corrected to better than 20/200 in your best eye, or if your visual field is 20 degrees or less, even with a corrective lens.
Many people who meet the legal definition of blindness still have some sight, and may be able to read large print and get around without a cane or a guide dog.
If you do not meet the legal definition of blindness, you may still qualify for disability benefits if your vision problems alone or combined with other health problems prevent you from working.
There are a number of special rules for people who are blind that recognize the severe impact of blindness on a person's ability to work. For example, the monthly earnings limit for people who are blind is generally higher than the limit that applies to non-blind disabled workers. This amount changes each year.
Benefits For Disabled Widows Or Widowers
If something happens to you, benefits may be payable to your widow or widower with a disability if some conditions are met:
He or she is between ages 50 and 60.
The widow or widower meets the definition of disability for adults.
The disability started before your death or within seven years after your death.
If your widow or widower caring for your children receives Social Security benefits, he or she is eligible if disability starts before those payments end or within seven years after they end.
Your widow or widower cannot apply online for survivors benefits based on their disability but he or she can get the process started by completing an Adult Disability Report.
Social Security Benefits For Disabled Children
A child under age 18 may be disabled, but Social Security does't need to consider the child's disability when deciding if he or she qualifies for benefits as your dependent. The child's benefits normally stop at age 18 unless he or she is a full-time student in an elementary or high school (benefits can continue until age 19) or is disabled.
For a child with a disability to receive benefits on your record after age 18, the following rules apply:
The disabling impairment must have started before age 22.
He or she must meet the definition of disability for adults.
Social Security and the Military
Military service members can receive expedited processing of disability claims from Social Security. Benefits available through Social Security are different than those from the Department of Veterans Affairs and require a separate application.
The expedited process is used for military service members who become disabled while on active military service on or after October 1, 2001, regardless of where the disability occurs.
Social Security benefits are paid in the month following the month for which they're due. This means that the benefit due for December would be paid to you in January 2007, and so on.
Disability Family Benefits
When you start receiving disability benefits, certain members of your family also may qualify for benefits on your record including:
your spouse
your divorced spouse
your children
your disabled child
Each family member may be eligible for a monthly benefit of up to 50 percent of your disability rate. However, there is a limit to the total amount of money that can be paid to a family on your Social Security record.
The limit varies, but it is between 150 and 180 percent of your disability benefit. If the sum of the benefits payable on your account is greater than the family limit, the benefits to the family members will be reduced proportionately. Your benefit will not be affected.
Continuing Eligibility for Benefits
In most cases, you will continue to receive benefits as long as you are disabled. However, there are certain circumstances that may change your continuing eligibility for disability benefits.
For example:
Your health may improve to the point where you are no longer disabled.
You would like to go back to work rather than depend on your disability benefits.
The law requires that Social Security reviews your case from time to time to verify that you are still disabled. Social Security will tell you when it is time to review your case, and will keep you informed about your benefit status.
You also should be aware that you are responsible for letting Social Security know if your health improves or you go back to work.
Link - <a href=http://www.disabled-world.com/artman/publish/social-security.shtml>Social Security Disability Benefits Facts - USA</a> This article is general information ONLY and is NOT a substitute for medical
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