Social Security Disability Eligibility

In order to receive disability benefits, Social Security disability eligibility must be first determined. There are 5 steps within Social Security disability requirements to go through when determining disability. Under disability benefits law, determinations of disability are made by the disability determination office in your state.

Social Security Disability Requirements

How does Social Security Disability work? They apply a five-step process to determine disability. The steps in the process are:

Step 1: Are You Working?

If you are working and your earnings average more than a certain amount each month, you will generally not be considered disabled.

Step 2: Is Your Medical Condition “Severe”?

Your medical condition must significantly limit your ability to do basic work activities—such as walking, sitting, and remembering—for at least one year.

Step 3: Is Your Medical Condition On The List Of Impairments?

Conditions on this list are considered so severe that they automatically mean that you are disabled as defined by law.

Step 4: Can You Do The Work You Did Before?

At this step, the state agency decides if your medical condition prevents you from being able to do the work you did before.

Step 5: Can You Do Any Other Type Of Work?

The agency evaluates your medical condition, your age, education, past work experience and any skills you may have that could be used to do other work. If you cannot do other work, the state agency will decide that you are disabled.

Determining Disability

Determinations of disability are based on medical information, your functional capacity, and vocational abilities. You have the right to representation before Social Security.  National disability employment is a key push to ensure fairness in employment, along with supplementary state disability law.

Legal Help

Legal representation in this area is crucial to a successful claim. It is important to make sure that your representative has experience in handling cases before Social Security. Social Security will set aside a portion of any past due benefits you may be entitled to pay representation fees to make getting representation easier.