Disability Advocates of Kansas
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Disability Determination Process There are a
couple of eligibility requirements that you must meet which have nothing to do
with being unable to work. In order to
be eligible for Social Security Disability Insurance (SSDI) you must have
worked long enough and recently enough to be considered “insured for disability”
based on your work record. The work
credit system is a little complicated, but generally you would have to work
five(5) of the last ten (10) years, or if you are under age 31 you would have
had to work one half of the years since turning 21.
In order to
qualify for Supplemental Security Income (SSI) you must have limited financial
assets. The limit for an individual is
$2,000 and for couples it is $3,000.
This limitation excludes your home and one vehicle if it is used for
work or obtaining medical care.
Once you
meet the qualifications for one or both of the programs above you will begin
the application process. You will be
asked to complete several forms asking about the jobs you have worked in the
past 15 years, your physical or psychological problems that keep you from
working, and the treatment you have received.
The process
of disability determination involves five steps which are represented by
questions. The answer at each step
determines whether your claim is denied, approved or whether you go to the next
step.
Here are the
five steps (questions) used by the Social Security Administration for
disability determination: Are you performing substantial
gainful activity? If you are
working and your earnings average approximately $900 a month or more, you
generally will be denied benefits. There
are exceptions to this, so consult a representative for more information. Even if you are not earning money, but engage
in activities that require significant physical or mental activities which could
be done to make money, you may be denied benefits.
Do you have a severe
medically determinable impairment that has lasted or can be expected to last 12
continuous months or to result in your death?
You
condition must be severe, in other words it must affect your ability to perform
basic work activities. It must also last
12 months or be expected to cause death, and must be supported by objective
medical evidence (x-rays, MRIs, lab work, other medical or psychological tests,
etc.). If you do not meet these
requirements you will not be found disabled.
Is your impairment
included in the list of impairments (or meet the severity of a listed
impairment) that the SSA considers so severe that you would automatically be
considered disabled?
If you have
the medical diagnosis, signs, symptoms, and findings as one of the conditions
on this list, then you should be found disabled at this step. If not, your claim will move to the next
step.
Are you able to perform
any of the jobs that you have performed during the last 15 years? If you can
still perform one of these past jobs you may be denied benefits. If you cannot do any of your past jobs, you
will move to the last step in the process.
Considering your age,
education, past work experience, transferable work skills, and your functional
abilities after all your medical conditions are considered, are you able to
perform other occupations that may be easier than your past work that exist in
significant numbers in the national economy?
If the
answer to this question is yes, then you will be found not to be disabled. If the answer is no, you will be found to be
disabled.
The issues
and facts that must be evaluated in a disability case are very specific and can
vary greatly from case to case. A
representative can make sure that each issue is addressed and resolved in the
most favorable way possible for you.
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