Robert W. Davis, Jr.,
Attorney at Law
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How the SSA determines disability

On Behalf of | Apr 16, 2020 | Injuries |

For most New York residents, a steady paycheck ensures the rent gets paid, the lights stay on and the family has food and clothing. If you sustained injuries that prevent you from working, it affects the other areas of your life. We often assist clients with Social Security disability insurance applications and filing appeals for denied claims.

According to the Social Security Administration, you may receive benefits for long-term, full disability. SSDI does not cover partial or short-term disability. Workers’ compensation and insurance may provide relief in these situations.

Qualifying for Social Security disability benefits

If you cannot do the work you did before the injury, complete different tasks as a result of your condition and have a disability expected to last at least a year, you may qualify for SSDI. The SSA looks at the number of work credits you have accrued before determining disability status.

You earn work credits when you pay Social Security taxes. Generally, 40 work credits are the minimum number required for qualification. The SSA does not care if you hold a position with an employer or are self-employed, as long as you paid the taxes and earned the credits.

Determining factors for SSDI

Once the SSA confirms you have enough credits, they look at whether you still work. If your paycheck is more than $1,260 a month in 2020, you earn too much, and you may receive a claim denial. If you do not, the SSA considers the following:

  • If your disability severely limits your ability to work
  • If your condition is on the list of recognized disabling medical conditions
  • If you cannot perform your previous duties
  • If you can complete other jobs despite the impairment

There are a variety of circumstances that may qualify as special situations. Assembling documentation and getting the medical information required by the SSA is critical for supporting your claim and appealing a denial.

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