Lancione, Lloyd & Hoffman
A Law Firm Representing People Since 1929.

Social Security Disability

The Social Security Administration pays disability benefits under two programs: the Social Security disability insurance program and the Supplemental Security Income (SSI) program

Social Security Disability Insurance pays benefits to you and certain members of your family if you are "insured," meaning that you worked long enough and paid Social Security taxes.

Supplemental Security Income pays benefits based on financial need.

When you apply for either program, we will collect medical and other information from you and make a decision about whether or not you meet Social Security's definition of disability.

The definition of disability under Social Security is different than other programs. Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability.

Disability under Social Security is based on your inability to work. Social Security considers you disabled under Social Security rules if you cannot do work that you did before and we decide that you cannot adjust to other work because of your medical condition(s). Your disability must also last or be expected to last for at least one year or to result in death.

This is a strict definition of disability. Social Security program rules assume that working families have access to other resources to provide support during periods of short-term disabilities, including workers' compensation, insurance, savings and investments.

To decide whether you are disabled, Social Security uses a step-by-step process involving five questions.

  1. Are you working?
    If you are working in 2006 and your earnings average more than $860 a month, you generally cannot be considered disabled. If you are not working, we go to Step 2.
  2. 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 disabled. If your condition does interfere with basic work-related activities, then go to Step 3.
  3. Is your condition found in the list of disabling conditions?
    For each of the major body systems, we maintain a list of medical conditions that are so severe they automatically mean that you are disabled. If your condition is not on the list, social security will have to decide if it is of equal severity to a medical condition that is on the list. If it is, it will find that you are disabled. If it is not, then go to Step 4.
  4. Can you do the work you did previously?
    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 must determine if it interferes with your ability to do the work you did previously. If it does not, your claim will be denied. If it does, proceed to Step 5.
  5. Can you do any other type of work?
    If you cannot do the work you did in the past, social security sees if you are able to adjust to other work. The adjudicator will consider your medical conditions and your age, education, past work experience and any transferable skills you may have. If you cannot adjust to other work, your claim will be approved. If you can adjust to other work, your claim will be denied.

Children’s Benefits

A child under age 18 may be disabled, but social security deosn’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:

  1. The disabling impairment must have started before age 22, and;
  2. He or she must meet the definition of disability for adults.

NOTE: An individual may become eligible for a disabled child's benefit from Social Security later in life.

For example, a worker starts collecting Social Security retirement benefits at age 62. He has a 38-year old son who has had cerebral palsy since birth. The son will start collecting a disabled "child's" benefit on his father's Social Security record.

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